FlyInside.com - Free Virtual Tours for Real Estate

TERMS OF USE

The following terms and conditions ("the Terms") govern the use by you ("User") of the Services (as such term is defined in Section 1) of FlyInside.com and your use of the FlyInside.com Web sites ("Sites"). If at any time the Terms are no longer acceptable to you, you should immediately stop using the Services. The use of a particular Service shall be subject, in addition to the Terms, to any posted guidelines or rules applicable to such Service. All such guidelines or rules are hereby incorporated by reference into the Terms.

1. Description of Services. FlyInside.com provides Users with online based access to create virtual tours ("Services") for real estate. Unless explicitly stated otherwise, any new features that augment or enhance a current Service, including the release of new software or features, shall be subject to the Terms. The level of service shall, subject to the terms hereof, be as follows:

(a) Service Levels: The normal operating hours will be twenty-four (24) hours a day, 365 days per year.

FlyInside.com will make best efforts to make the service available unless nonperformance is caused by an occurrence beyond the reasonable control of FlyInside.com and without its fault or negligence, such as acts of God or a public enemy, acts of government in either its sovereign or contractual capacity, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, unusually severe weather and delays, errors of common carriers including Internet service providers, or delays or errors in the Internet or related services. For greater certainty, the foregoing guarantee is subject to and is limited by Section 1(b) and Sections 12 and 13 hereof.

(b) Upgrades and maintenance: From time to time, components of the FlyInside.com system will be upgraded to new versions. Upgrades will be fully tested in accordance with our normal release cycle process prior to release. If, however, on release the user community experiences any significant problems, the previous version will be restored. Upgrades and/or emergency maintenance maybe be done on the system without prior notice, FlyInside.com will try its best efforts to minimize down time and perform such maintenance and/or upgrades during non-peak hours.

(c) Contingency Backup and Disaster Recovery: The FlyInside.com service is delivered through fault tolerant hardware with redundant components where necessary.

(d) Support and Help Desk Services: Customer service and help desk facilities are provided by phone and e-mail between the hours of 9:00 a.m. and 5:00 p.m., Monday to Friday (Pacific Standard Time).

The help desk provides support with application use and identification of problems. Problems that cannot be resolved immediately are logged, and an issue resolution number is issued. The problem will be escalated to the design team and/or database administration team as appropriate.

(e) Ownership of User Data: All data entered and maintained by Users belongs to the User and will be treated as such by FlyInside.com. FlyInside.com shall be permitted to use and retain a copy of all data, for purposes to administer the subscription, for purposes of record keeping, statistical reasons, archival procedures, marketing and advertising purposes or as required by law.

Captured leads that are not purchased, or claimed by the user within 15 days of being captured, exclusive ownership will revert to FlyInside.com.

2. Permitted Use of the Services. Upon subscription to a Service in respect thereof, you shall be entitled to access and utilize the Service in accordance with the guidelines and rules applicable to the Service.

3. Prohibited Use of the Services. You may not

(a) use the Services to provide any other service that is competitive with the services provided by FlyInside.com;

(b) permit any person who is not an Authorized User (as such persons are listed in the Customer Data, as defined below) to access the Services; or

4. Permitted Use of the Site. You may use the Site as required to facilitate the provision of Services to which you have subscribed.

5. Prohibited Use of the Site. You may not

(a) use the Site to upload, post, e-mail or otherwise transmit any content that is unlawful; harmful; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; invasive of another's privacy; hateful; or racially, ethnically, or otherwise objectionable; or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person;

(b) use the Site to upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or marketing campaign;

(c) use the Site to interfere with or disrupt any Services or servers or networks connected to any Services or disobey any requirements, procedures, policies, or regulations of networks connected to any Services; or

(d) modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content of the Site or the Software, as hereinafter defined, in whole or in part, except as expressly permitted in this Agreement.

6. License to Use Software. FlyInside.com hereby grants to you a nonexclusive license (the "License") to access online and to use in executable form the following software ("the Software"):

(a) The software comprising the Site

(b) The software comprising the FREE virtual tours application

7. Restrictions on Use of Software. You may use the Software only as required to facilitate the provision of the Services to you, and you may not duplicate, publish, de-compile, or reverse engineer the Software or use the Software other than as required to facilitate the provision of the Services to you.

8. Registration Obligations. You agree to provide true, accurate, current, and complete information as required in all purchase orders, online sign-up forms, and other electronic or paper documents ("Customer Data") and to maintain and promptly update the Customer Data to ensure that it remains true, accurate, current, and complete.

9. Passwords and Security. You are responsible for maintaining the confidentiality of any passwords in respect of your account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FlyInside.com of any unauthorized use of your password or account or any other breach of security.

10. Data Generation and Processing. The Services may be used, if otherwise permitted by the applicable guidelines or rules, to facilitate the generation or processing of data, including financial data and MLS data. FlyInside.com shall not, however, be liable for any inaccuracy or error in data that is generated or processed in relation to the Services. You agree to confirm the accuracy and comprehensiveness of all such data, and you agree to indemnify and hold FlyInside.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any party in relation to such data. You also understand that FlyInside.com does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

11. Agreements between Users. The Services may be used, if otherwise permitted by the applicable guidelines or rules, to facilitate the transmission, negotiation, and entering into of agreements between or among Users of the Services. FlyInside.com is not a party to any such agreements and shall have no obligations or liabilities thereunder. You agree to indemnify and hold FlyInside.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any party due to or arising out of any agreement entered into between or among any of you, an Authorized User, or any other user of the Services.

12. Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, FlyInside.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

(b) FlyInside.com MAKES NO WARRANTY THAT (i) THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE PRIVACY POLICY AND TERMS OF USE AGREEMENT, WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FlyInside.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13. Limitation on Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FlyInside.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FlyInside.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THE SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THE SITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES OR THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THE SITE. IF FOR ANY REASON FlyInside.com BECOMES LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, IN CONTRACT OR TORT OR FOR STATUTORY FORMS OF ACTION, IN CONNECTION WITH THE SERVICES OR THE SITE, THE AGGREGATE LIABILITY OF FlyInside.com FOR ALL DAMAGES, INJURIES, AND LIABILITY INCURRED BY YOU AND ALL OTHER PARTIES SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO FlyInside.com FOR THE SERVICES THAT GAVE RISE TO THE CLAIM FOR DAMAGES. IN THE EVENT THAT FlyInside.com IS FOUND LIABLE UNDER THIS AGREEMENT, THE LIABILIY IS LIMITED TO $500.

14. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

15. Indemnity. You agree to indemnify and hold FlyInside.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and any cost of defending any such action, made by any third party due to or arising out of the breach of the Terms or the use of the Services or the Site by you or an Authorized User.

16. Links / Data Feeds (i.e RSS). The Site may contain links to other Web sites or resources. Because FlyInside.com has no control over such sites and resources, you acknowledge and agree that FlyInside.com is not responsible for the availability of such external sites or resources and that FlyInside.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FlyInside.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You also understand that FlyInside.com exchanges links and feeds virtual tours data to other sites for marketing and promotional purposes.

17. Privacy. FlyInside.com shall use your personal information only in accordance with the FlyInside.com Privacy Policy, which may be viewed at FlyInside.com. By providing any information to FlyInside.com, you consent to the use of such information in accordance with the FlyInside.com Privacy Policy. To the extent that there is a conflict between the Terms and the FlyInside.com Privacy Policy, the Terms shall prevail.

18. Copyright. Copyright in the Software and in all text, images, and other data comprising the Site is owned by FlyInside.com and/or its suppliers and is protected by United States and international copyright laws.

19. Trademarks. FlyInside.com and all logos and images related thereto are trademarks of FlyInside.com and may not be used without the prior written consent of FlyInside.com.

20. Assignment. Neither the Terms, the right to use the Services, nor the License may be assigned without the prior written consent of FlyInside.com.

21. Notice. Notices to you may be made via e-mail or regular mail as indicated in the Customer Data.

22. Jurisdiction and Venue. Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of the State of California without regard to its conflict of law provisions and the courts of the County of San Mateo shall have exclusive jurisdiction with respect thereto.

23. Term. The Terms (including the License and the Services) shall apply until terminated in accordance herewith. You agree that FlyInside.com may modify this Agreement at any time and you agree to be bound by all changes that FlyInside.com may reasonably make hereto. If You sign up for an account or conduct any other transaction with FlyInside.com, the term of this Agreement shall continue in full force and effect you as long as you use a FlyInside.com service.

Any Use of “Unlimited” including, but not limited to, “Unlimited Tours”, “Unlimited Pictures”, “Unlimited Photos”, “Unlimited Images” on any Website or any other medium should be taken to mean Unlimited within reason as defined by FlyInside.com and its officers.

Any Use of “Free” including, but not limited to “Free Virtual Tours” pertains to the ability of registered users to create virtual tours through FlyInside.com without payment. Other charges may apply to credit purchases, purchases of service or product add-ons and the purchase of leads generated through the virtual tour application. FlyInside.com reserves the right to change any part of its product or service pricing at anytime.

24. Cancellation. Cancellation is at any time. Unused credits in the account will not be refunded or translated into refundable dollar amounts.

25. Termination. FlyInside.com may terminate your account, the License, your password, and use of the Service and may remove from the Site and its servers and discard your content at any time and for any reason.

26. Survival. Sections 10, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, and this Section 26 hereof shall survive termination of the Terms, the License, and provision of the Services.