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VHT Website Terms of Use

Effective Date: January 12, 2009

VHT.com and Website Terms of Use (the "Terms" or "Agreement") is an agreement between you ("you" or "client") and VHT, Inc. ("we", "us", and "our"). VHT grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only. You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this site without the prior express written consent of VHT. Generally VHT will grant permission for such use so long as VHT is properly acknowledged, but the prior express written consent of VHT is required.

VHT also provides clients with an on-line technology platform via their MyVHT account. This site provides you with access to and use of VHT services, including the opportunity to purchase certain products or other services (collectively "Paid Service"). Before you continue using these Sites, the Service, or any of the VHT products or services, it is important that you carefully review the Terms.

  1. Ownership of Site.
    The Service and the Site are owned and operated by VHT. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any content or materials on the Site or available through the Service are expressly prohibited without the prior written permission from VHT or the copyright holder identified in the individual contents copyright notice. All images and media ("Content") created by VHT is the sole property of VHT. VHT retains ownership and licensing rights to all Content. Content is made available to clients for property specific marketing purposes only. Any publication of content for non specific property marketing purposes is strictly prohibited by law without the express written consent of VHT.

  2. Acceptance of Terms.
    By entering and using the Site or Service, you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and VHT that you will use the Service only in a manner consistent with these Terms. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Service. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control with respect to the Site and Service. We require that you be 13 years or older to use the Site or Service; if you are under 13 years old, you should not access or use the Service or Site.

  3. Privacy Policy.
    The VHT Privacy Policy can be found at: http://www.vht.com/privacy.aspx The terms and conditions of our privacy policy are incorporated into and considered part of these Terms as if fully set forth herein.

  4. Amendment of Terms; Termination.
    1. We reserve the right to change these Terms at any time. If we make any material changes to these Terms, we will post the new Terms on the Site and update the effective date set forth above. Therefore, we encourage you to check the effective date of Terms whenever you visit the Site to see if it has been updated since your last visit.

    2. This Agreement and the Service provided hereunder shall continue until terminated as provided herein. You may terminate this Agreement at any time for convenience. You agree that VHT may at any time without notice to you: terminate this Agreement; suspend or terminate the Service or Site; or terminate your account and delete any content stored in your account; and you agree that VHT may take the foregoing actions for any reason, including if, in VHT’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so, or may do so without cause.

    3. Upon termination of this Agreement or termination or suspension of the Service, all rights and licenses granted by VHT to you hereunder shall immediately terminate; however, termination or suspension shall not affect any rights and licenses granted by you to VHT hereunder, including grants in and to the Member Creation or the Member Works (as defined below in Section 7), and such rights and licenses shall survive such termination or suspension.

  5. Content.
    All Content produced by VHT is presented in a customized web page and is hosted on VHT servers for a period of one year as a part of the VHT production package. Hosting beyond the initial term of one year will require an additional fee.

  6. Password.
    When you register as a MyVHT user, you will be asked to provide a password. You are the only person permitted to use this password to access and use the Service. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your passwords. You must notify VHT immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.

  7. Information Provided by You.
    You agree that the information that you provide to us on registration and at all other times, including all information you provide when using the Service, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. You agree that Company is free to use any such information without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, modifying, manufacturing and marketing products and services and modifying or improving the Site and Service.

  8. License to Use the Website and Service.
    Subject to the Terms, VHT hereby grants you a limited, non-exclusive, non-transferable, right to use the Service and, in connection therewith, to submit graphic images, photographs, text and related data (individually and collectively referred to as "Member Works") .

  9. Monitoring of Content.
    VHT does not control the content of user's accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

  10. Prohibited Conduct. You agree that you will not

    1. use the Site or Service
      1. for any unlawful purposes;

      2. to upload, download, publish, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, malicious, fraudulent, misleading, abusive, harmful to any equipment, software or other property, false, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

      3. to upload, download, publish, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to VHT;

      4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

    2. interfere with, harm or disrupt (or attempt to interfere with or disrupt) the Site or Service or servers or networks connected to the Site or Service, or disobey any laws, requirements, procedures, policies or regulations governing access to or use of the Site or networks connected to the Site or Service;

    3. access or attempt to access any information, documents or material that you are not authorized to access;

    4. use any robot, spider, or other such programmatic or automatic device to obtain information from the Site or otherwise monitor or copy any portion of the Site;

  11. Personal Use.
    VHT grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only.

    1. You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this site without the prior express written consent of VHT. Generally VHT will grant permission for such use so long as VHT is properly acknowledged, but the prior express written consent of VHT is required.

    2. All images and media ("Content") created by VHT is the sole property of VHT. VHT retains ownership and licensing rights to all Content. Content is made available to clients for property specific marketing purposes only. Any publication of content for non specific property marketing purposes is strictly prohibited by law without the express written consent of VHT. All images and media (“Content’) created by VHT is registered with the US Copyright Office.

  12. Copyright Policy and Reporting of Violations.
    1. VHT respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights.
    2. As a condition to your use of the Service, or your use of the Site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way. VHT’s policy is to terminate access to the Site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.
    3. Any person who believes the copyright in his or her work has been violated through this Service should contact VHT’s "Designated Copyright Agent" as set forth below. Any copyright owner, or person authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, may report his or her notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:
      NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
      1. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Site or Service:

      2. Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site or Service, such as the URL where such material may be found on the Site):

      3. Your street or mailing address, telephone number, and, if available, email address.

      4. The following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use)."

      5. The following affirmation (if true): "I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."

      6. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:

      Full legal name:_______________________________


    4. All claims of copyright infringement should be delivered in writing to VHT’s Designated Copyright Agent at the following address:

      Designated Copyright agent:

      VHT. Inc.
      6400 Shafer Court
      Suite 200
      Rosemont, IL 60018
      Voice (847) 299-7150
      Fax (847) 299-7159
      info@vht.com

  13. Disclaimers
    1. THE SERVICE, THE SITE, AND ALL OTHER RELATED VHT PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, VHT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

  14. Limitations of Liability and Damages
    1. VHT, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICE, THE MEMBER CREATION, THE MEMBER WORKS, THE THIRD PARTY CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR DOCUMENTS OR YOUR USE OF ANY APPLICATION OR FUNCTIONALITY ASSOCIATED WITH THE SITE OR SERVICE, EVEN IF VHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. PAID SERVICE: SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR FAILURE TO DELIVER A PAID SERIVCE OR BREACH OF ANY OBLIGATION WITH RESPECT TO A PAID SERVICE SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SPECIFIC PAID SERVICE AT ISSUE AND IN NO EVENT SHALL VHT’S LIABILITY FOR FAILURE TO DELIVER SUCH ITEM EXCEED SUCH AMOUNT.

    3. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE DISCLAIMERS, WAIVERS AND LIMITATIONS CONTAINED IN THE TERMS, INCLUDING WITHOUT LIMITATION SECTIONS 12 AND 13, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONs OF LIABILITY SET FORTH IN THIS SECTION 13, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VHT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE LOWEST AMOUNT ALLOWED BY LAW.

  15. Indemnification.
    You agree to indemnify, defend and hold harmless VHT, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to VHT pursuant to these Terms.

  16. Paid Service: Prices/Cancellation.
    The rate for any Paid Service shall be set forth on the VHT on-line order form. All rates are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Website is mistakenly listed at an incorrect rate, VHT reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect rate. VHT reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, VHT shall issue a credit to your credit card account in the amount of the incorrect rate. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.

  17. VHT, Inc. Copyrights and Trademarks
    VHT™, VHT STUDIOS®, VIDEOHOMETOURS™ and the VHT STUDIOS & Design™ are trademarks, whether registered or unregistered, of VHT, Inc., in the United States and/or other countries. (c) VHT, Inc., 2002-2013, all rights reserved. All of the images, animations, and derivative images on this website and all of the images, animations, and/or derivative works provided by VHT, Inc. to any third party as part of its services are fully protected in the United States and/or other countries under Copyright Law. VHT, Inc. is the sole and exclusive owner of all of these images, animations, and/or derivative works. Any use of this website constitutes actual notice of these Trademarks under 15 U.S.C. § 1111 (Section 29) of the Lanham Act, and actual notice of the exclusive and sole ownership of these Copyrights under 17 U.S.C. § 401. All images, animations, and/or derivative works owned and Copyrighted by VHT, Inc. are part of a proprietary database protected in whole or in part by Federal Registration under 17 U.S.C. Chapter 4. (Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., 12-2432, {4th Cir., 2013}). Any unauthorized use by any licensed third party, exceeding the grant will result in damages under Chapter 5 of the Copyright Law and when registered in a sum of no less than $750 and up to $30,000 per infringed image, animation, and/or derivative work. Any removal of a VHT, Inc. watermark on any image, animation, and/or derivative is a violation of 17 U.S.C. § 1201 et seq. and is a violation of the integrity of the VHT, Inc. copyright and is punishable when registered in a sum of not less than $2,500 per image and up to $250,000 per image.

  18. General.
    1. Entire Agreement. These Terms, including the Privacy Policy incorporated by reference, constitute the entire agreement between VHT and you with respect to your use of the Site and the Service. VHT’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.

    2. Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the State of Illinois without regard to its conflict of law provisions. The parties agree that any litigation arising out of this Agreement, or relating to the operation of the Site or Service or content appearing therein, shall be brought only in the state or federal courts located in Chicago, Illinois. The parties irrevocably submit to the exclusive jurisdiction of such courts and hereby waive any challenge to the propriety or convenience of jurisdiction or venue of such courts. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

    3. Assignment. You may not assign the Agreement and/or any of the rights or obligations contained therein. VHT may freely assign this Agreement and the rights and obligations contained therein.

    4. Notices. VHT may notify you of certain events relating to the Site or Service, or your use of the Site or Service. We may choose to notify you of these matters via a general notice on the Site, electronic mail to your e-mail address on record in VHT’s account information, or by written communication sent by U.S. mail, postage pre-paid, to your address on record in VHT’s account information. If we notify you by mail, mail notice shall be deemed to have been given upon the expiration of three days after mailing; if we sent you notice by email, such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending. You may give notice to VHT (such notice shall be deemed given when received by VHT at any time only by following: letter sent by confirmed facsimile to VHT at the following fax number: (847) 299-7159; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to VHT at the following address: VHT, 6400 Shafer Ct., Ste. 200, Rosemont, IL 60018; addressed to the attention of: Chief Executive Officer.

    5. Trademarks. All brand, product, and service names used on the Site or in this Service which identify VHT or third parties and their products and services are proprietary marks of VHT and/or the relevant third parties. Nothing in the Terms shall be deemed to confer on any person any license or right on the part of VHT or any third party with respect to any such image, logo or name.

    6. If you have any comments or questions about these Terms, the Site or our Service, please contact us by email at info@VHT.com.