Terms of Use Terms of Service Agreement (Last Modified on 2/7/12) Welcome, we are glad you have decided to make use our services. We look forward to your involvement with our site. Before you begin delving into the services and content available on our site, please take a moment to review these Terms of Services ("TERMS" or the "AGREEMENT"). These Terms serve as a binding agreement between you and our parent company, Bisart LLC ("BISART", "WE", or "US"). It is important that you understand both the benefits we provide as well as our limitations. This AGREEMENT applies to the self service virtual tour creation service(s) ("SERVICES" or "SERVICE") delivered through this web site under various brands (domain names) including but not limited to VirtuallyShow, RealtyShows, BisartTours, RemoteTours and Bisart ("OUR WEBSITE"). Our SERVICES are designed for creating TOURS. TOURS are the content that is created by a user from self captured images; digital video urls; property information; agent photo; company logo; agent info; panoramic tours; narration, panoramas, and floor plans of residential and/or commerical real estate. 1. Acceptance of Terms If you agree to these TERMS without limitation or qualification and wish to use our SERVICES, please click on the "I Agree" button during the registration process. If you do not agree to these Terms then do not click on the Agree button and do NOT use this web site. By using our web site, you agree to the TERMS. These TERMS may be updated from time to time without notification. Please reference this site prior to each use for any changes or updates. By using OUR WEBSITE, you agree that each visit you make will be subject to the then-current Terms. Commencing on the date on which you initiate membership or trial membership, you will have use of OUR SERVICES pursuant to these TERMS. The SERVICES shall continue until the SERVICES are terminated and/or canceled by US, as described in the TERMS, or WE cease to offer the SERVICES to the general public. 2. Age Restriction You must be at least 18 years of age to establish your account and use OUR SERVICES. For purposes of identification, billing and marketing, you must provide accurate, complete, and updated information to register for use of the SERVICES, including where applicable your legal name, address, telephone number(s), email address, and applicable payment data (for example, a credit card number and expiration date). 3. Intended Use Our SERVICES are designed for creating TOURS. This is an end-client product, and these SERVICES may NOT be resold by or to any third party without Bisart's prior written consent. As a condition of your use of OUR WEBSITE, you will not use OUR WEBSITE, or any Bisart product or service for any purpose that is unlawful or prohibited by these Terms. You will not use OUR WEBSITE or any Bisart product or service in any manner that could damage, disable, overburden, or impair OUR WEBSITE or restrict, inhibit or otherwise interfere with any other party's use and enjoyment of OUR WEBSITE or any Bisart product or service, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may interrupt, limit or damage the operation of another's computer or property. You will not attempt to gain unauthorized access through hacking, password mining, or any other means to OUR WEBSITE, other accounts with Bisart, other Bisart Slide Shows, or the computer systems or networks connected to OUR WEBSITE. Your membership account can be cancelled at any time by calling 800-603-7469. You understand that OUR SERVICE currently offers a free trial memebrship. During the free trial you may create as many tours as you would like. Once your free trial expires all of your tours will be taken down and will not be viewable on any site, nor will they be able to be sent via email links to anyone. In the event that you upgrade to a premium membership, all of your previously created tours will again be live and will be viewable in the same manner as before your free trial lapsed. As a premium member you will be able to create and edit your tours. Should you let your membership lapse all of your tours will be taken down and will not be viewable on any site, nor will they be able to be sent via email links to anyone. In the event that you renew your membership, all of your previously created tours will again be live and will be viewable in the same manner as before your premium membership lapsed. Should your membership be terminated or lapse, the client software will no longer function and the online account and TOURS will not be accessible. Your account is for your personal use only. Do not provide your sign-on and password to any third party. Bisart will not be liable for any billing disputes, claims, or demands of any kind that resulted directly or indirectly from third party access. You are wholly responsible for all transactions conducted through your account. Premium Account The Premium Account is for either a single agent or a team of agents. It permits one agent or a team of agents to create an unlimited number of TOURS for their own personal listings, TOURS for their sellers, or community tours. Single Agent In the case of a single agent, the TOURS will be branded to the agent with the inclusion of their individual photo and their individual name in their account to display in the contact information feature. Nothing in the TOURS' features can indicate that this account represents more than one person. Words such as Team, Group, Crew, or similar terms, which generally indicate that multiple persons are subscribed to this account, are not acceptable in branding a single agent account. Doing so may lead to immediate cancellation of this agreement with no refund. Team of Agents In the case of a team agents, the TOURS will be branded to the agent(s) with the inclusion of one team photo and their individual names in their account to display in the contact information feature. You must select the number of team members in your team during the ordering process. failure to do this may lead to immediate cancellation of this agreement with no refund. REO, Foreclosures, HUD and other type of Accounts In order to post tours other than the agent's own TOURS, including but not limited to tours for: - Other agents in office - Other agents - Multiple agent teams - HUD - REO - Foreclosures - Auction, - Vacation Properties - Property Management - Flat fee listings The Member must either create a "Pay per Tour" account or set up a "Quota Tour" account. Both of these accounts must be created by either calling 800-603-7469 or emailing support@virtuallyshow.com. Posting of TOURS other than the agent's own TOURS under a Team Account or Single Agent Account shall be cause for immediate cancellation of this agreement. 4. Prohibited Content Bisart expressly forbids the placement of any images, text, material, or information that may be deemed as inappropriate, harmful, threatening, obscene, pornographic, profane, defamatory, infringing, indecent, harassing, or otherwise unlawful in nature. Bisart also forbids the placement of any images, text, material, or information that may violate the rights of privacy and/or infringe on the property rights of another individual or entity. Any use of Bisart products or services, including, but not limited to, OUR TOURS, for purposes in violation of this provision or the law is strictly forbidden. You acknowledge and agree that OUR WEBSITE contains proprietary information that is protected by applicable intellectual property and other laws. TOURS and other information and materials on OUR WEBSITE may not be used, except as provided in these TERMS without advance, written permission of Bisart. By placing material on Bisart's website or using the TOURS, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these TERMS, and that it will not cause injury to any person or entity. It is your responsibility to adhere to all applicable copyright, trademark, patent, intellectual property, and other laws that may apply to the images, text, and material used by you to create the TOURS. Bisart will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. 5. External Content Bisart may employ outside vendor services to supply certain value-added features, including but not limited to: property mapping, satellite photography, demographic data, and print materials. These outside vendors are not under the control of Bisart, and Bisart makes no warranty concerning the accuracy of information supplied by outside vendors or the performance of the vendor services or product, and Bisart cannot make correction to any erroneous data. Bisart assumes no liability for losses, delays, damages, or claims arising from information or services supplied by any vendor. There are links in OUR WEBSITE or TOURS that will let the user leave OUR WEBSITE or TOURS. The linked sites are not under the control of Bisart, and Bisart is not responsible for the content available on any other Internet sites linked to the web site. Bisart is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by Bisart of the linked site. 6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BISART AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BISART MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR EMAIL OR VOICEMAIL MESSAGES WILL NOT BE LOST, AND (VI) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BISART SITES, OUR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.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 MAY NOT APPLY TO YOU. THROUGH YOUR USE OF THE SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER INTERNET USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDIZE AND SERVICES AND YOU. BISART MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT. 7. No Endorsement of Member Content. You acknowledge and agree that Bisart does not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. 8. Indemnification and Liability. You agree to indemnify and hold harmless Bisart, its employees, directors, affiliates, suppliers, affiliates, and related entities against any claim or demand for losses, damages, and costs, including attorney's fees, resulting from any violation of these Terms and Conditions or Use or any activity relating to use of OUR WEBSITE, TOURS, the content you create through your account, or violations of any rights of another by yourself or any third party using your account or access information. You agree that Bisart will not be liable for any harms, which lawyers and courts often call 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 Bisart has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the SERVICE; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the SERVICE. You agree to protect and fully compensate Bisart from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. 9. Posting Charges for Realtor.com. 9.1 Bisart offers its members the ability to get additional exposure on Realtor.com. In some cases there may be an additional fee for this service depending on whether or not the member has an account with Realtor.com. More specific details can be found once the member logs in. 9.2 BISART DOES NOT OFFER ANY REFUNDS UNDER ANY CIRCUMSTANCE. ONCE THE ORDER IS PLACED YOUR CREDIT CARD WILL BE CHARGED AND NO REFUND WILL BE OFFERED. 9.3 If the member selects the option that the member DOES HAVE a showcase listing on Realtor.com and it turns out that the member does not have a showcase listing, then listing will not be posted to Realtor.com. 10. Other Communications. 10.1 Periodic Communication You agree to allow periodic communication from Bisart concerning upgrades, enhancements, new product and service announcements, and other informative bulletins that would be of common interest to you as a customer. You may opt-out of receiving such messages by clicking on the Unsubscribe link located within any email sent by Bisart. Bisart will attempt to opt you out, however Bisart will not be held responsible for any failure to opt you out or unsubscribe you from receiving messages. 10.2 Affiliate Announcements Bisart may occasionally recommend the products and services of third-party companies that may be of particular interest to you, as a customer. 10.3 Distribution Bisart will distribute the link of your TOURS to the recipients you name in your account. We are not responsible for any delivery failures, regardless of cause. It is your responsibility to be aware of posting conditions that pertain to each website and comply with the established restrictions, requirements and methodologies of each recipient. It is your responsibility to verify that the link has been received and accepted by the designated parties. Bisart will not be held liable for any delays, losses, damages, or claims that arise from non-delivery. 10.4 Aggregate Data You grant Bisart a royalty-free, perpetual, irrevocable, non-exclusive right and license to retain property data for statistical and reporting purposes. Bisart reserves the right to use, compile, and share such data for any purpose whatsoever. All rights are granted in consideration of your use of OUR WEBSITE, TOURS, and any related services without the need for additional compensation of any sort to you. 10.5 Image Retention Your completed TOURS will be hosted on our servers for the length of your membership. Once your membership expires, Bisart at its own discretion may delete any and all tours created by you while you were a member. 10.6 Privacy Policy We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Sites. We have posted a statement of our Privacy Policy to which you should refer to fully understand how we collect and use personally identifying information. 10.7 Applicable Law This website is created and controlled by Bisart LLC in the State of New Jersey, U.S.A. These Terms will be governed by and construed in accordance with the laws to the United States of American and the State of New York, without regard to its conflicts of law provisions. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. You hereby agree that any cause of action you may have with respect to Bisart or TOURS must be filed in federal or state court located in New Jersey, NY within one year of the time in which the events giving rise to the claim began, or you agree to waive such claim. If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to the terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Bisart regarding this site. The failure of Bisart to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Neither party shall be deemed to be in default of any provision of the Terms or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes. 10.8 License Grant and Copyright Notice You retain all rights in any material uploaded to the SERVICE by you or others you authorize to use your account. You grant Bisart and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material in connection with the Bisart SERVICE regardless of the medium, technology, or form in which it is used. The entire content of the Service is copyrighted by Bisart as a collective work under the United States copyright laws. Portions of the Service are provided to Bisart under license. The copying, reproduction, or publication of any part of the SERVICE is prohibited, unless expressly authorized in writing by Bisart. 10.9 Cancellation, Termination, and Assignment Bisart, in its sole discretion, may terminate, close, and cancel any account or order. In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes Bisart to believe that this AGREEMENT may be in conflict with such rules, regulations, or orders, Bisart may suspend or terminate the SERVICE, or terminate this AGREEMENT, without liability. You may not assign your account for SERVICES to anyone without the express written consent of Bisart. Upon reasonable notice, Bisart may assign its rights and obligations under this Agreement Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and the Bisart sites about the services. The parties have agreed that this Agreement shall be written in English. 10.10 Direct Questions or Notices to: Bisart LLC Attn: User Agreement Mail 367 Windsor Hwy #505 New Windsor, NY 12553