VPiX® User License Agreement | VULA
Last Updated: 1 May, 2015
MPORTANT. READ CAREFULLY: This VULA is a legal agreement between you (either an individual or a single entity, who will be referred to in this VULA as "You" and "Your") and VPiX® 360 / VPiX® Corp for the VPiX® software accompanying this VULA, which includes the on-line software that you are about to access, and/or the website you have hosted with VPiX® and includes associated media, printed materials and any online or electronic documentation (SOFTWARE). By ACTIVATING your back office and / or using your Website hosted with VPiX®, You agree to be bound by the terms of this VULA. If You do not agree to the terms of this VULA, do not activate the back office and inform VPiX® in writing that you do not want VPiX® to host your website. VPiX reserves the right to update this VULA from time to time. As a customer, you are bound by the current version of the VPiX User License Agreement (VULA).SOFTWARE PRODUCT LICENSE. All VPiX® software is © 2009 - 2015 Virtual Pictures Corp (VPiX®), all rights reserved. Patents Pending. VPiX® SOFTWARE and tour creation/management tools (the back office tour creator/manager) is licensed, never sold. No ownership rights to the end user (VPiX® Customer) are either express or implied. VPiX 360° Cloud Servers, including MotorStreet 360° and CSI360 are patent-pending. The VPiX UI is Copyright © 2009-2015, All Rights Reserved.
You, the user, are hereby granted a non-exclusive right to use this site for your own information and decision making purposes. You are free to download only the software and various VPiX® logos where allowed. You may download and use any VPiX® training or marketing materials providing that you (a) do not remove any of the copyright information and (b) that you make no alteration of such materials and use it for your own purposes whether for personal gain or not.
DERIVATIVE WORKS / PROHIBITIVE USES: You can create rich, interactive virtual tours using the VPiX 360° Cloud and you are permitted to export your tour(s) as VPiX 2 GO. The export process and the code that is exported is a mash up of licensed code from Apple Computer, Adobe Systems and other drivers. You are permitted to take the VPiX 2 GO exported tours and use them "as is," on another server. You are not permitted to create any derivative works with any VPiX code at any time without express written permission from VPiX and a paid license for the derivative works(s). Such restrictions apply to, but are not necessarily limited to: Use of VPiX tours and code in an APP for iOS or Android, the Mac OS or Windows or Linux operating systems. Any user found to have exported VPiX code via a VPiX 2 GO export, scraping or reverse engineering and used in an app / application will be subject to immediate suspension of your account and legal action. VPiX is a registered trademark of Virtual Pictures Corp. and patents are pending.
VPIX® SOFTWARE
The VPiX 360 platform is made avaiable via Software as a Service (SaaS) and is paid via a monthly / yearly subscription model. The software cannot be downloaded and run from a local computer. With a signed license agreement, the VPiX Cloud server software can be installed remotely for law enforcement and enterprise licenses of VPiX that have to be maintained at a data warehouse location for Homeland Security or other corporate purpose. Once you pay for a VPiX subscription there are no refunds. You may transfer your VPiX subscription to another party providing they contact VPiX and set up payment arrangements.VPiX reserves the right to update the server(s) platform with little to no notice to you. As new drivers and new browsers come onto the market, VPiX can and will make periodic adjustments to all users' account so that popular browsers can use the VPiX platform.
VPIX® Pre-Paid Packs Usage and Limitations
If you've purchased a VPiX pre-paid pack of 25, 50, 100 or more and you are a custom home builder, real estate broker or real estate agent, then certain limitations and restrictions will apply to your VPiX account. Please read this section carefully.a.) Any pre-paid annual VPiX pack accounts including real estate broker/agent VPiX accounts will self-expire or reduce automatically in 24-months from the date of paid activation. All other accounts will renew automatically until cancelled. Users wishing to cancel their monthly or annual VPiX Cloud subscription are required to call 866-902-3600 or users can click here to request cancelation. A cancelation number will be emailed to you, that you should keep on file.
b.) Realtor.com / Move.com is directly soliciting charging brokers and agents for pre-purchasing of "Showcase Listings." Realtor.com/Move.com does not provide any funds from your Showcase Listings pre-purchase to VPiX for the content creation storage and bandwidth (use) of your listings / home tours.
c.) VPiX will adhere to the same MLS listing policy that is governed by your local MLS provider's Privacy and Use Policies regarding the legal time limit that sold home inventory can remain online.
In most cases, your local MLS mandates that sold inventory (listings) can only remain online for a maximum period of 30 days after the home is sold. In the event that VPiX is contacted by the new home owner or your local MLS regarding violations of this rule, VPiX can and will take corrective steps to turn the listing off from your back office control panel or delete it. These actions will be made at the sole discretion of VPiX with little or no notice to you. In no event shall VPiX or any representative thereof be liable for any legal consequences or fines your local MLS may impose.
WHY A 15% RESTOCKING FEE?
Our VPiX motto is "to do it right, the first time." Which is why we take as much time as customers need before they make an informed purchase of any VPiX 360° camera kit or other virtual tour platform / system.Sometimes, a carrier may be negligent when delivering your VPiX 360° system to your door. It's rare, but once in a while, sometimes a carrier can damage a product during transit. Insurance covers the replacement of the affected item(s) at no additional charge to you.
Should you need to return a VPiX 360° system, you need to be aware that VPiX will charge a 15% restocking fee without exception including all shipping cost(s). The reason(s) being:
• We cannot resell a used system as a new one. Camera systems have teensy margins and we assume the risk of selling your new system -- but now as a used system to someone else with practically zero margin or below our cost.
• Returned systems are handled multiple times (3-5 times) by multiple employees to process a return or exchange so we can verify the unit(s) work and can be restocked.
We are able to offer many customer perks including tech support with live people. We offer Mack 3-year Diamond warranties. We also warrant a 100% uptime guarantee on all your tours, as we host with Rackspace.com -- the World's best place (and a tad bit on the expensive side) for hosting. But it's been said, you "Always get what you pay for."
Thank you for understanding and we look forward to helping you learn to shoot and produce your very own jaw-dropping 360° tours with VPiX.
MASHUP LICENSING FEES / VPiX 2 GO / CHARGES FOR REPAIRS
VPiX 2 GO exports are for exporting tours to be used on another device, platform or hosted on another server for a short period of time. VPiX 2 GO tours were never intended for permanent use off the VPiX servers. Technology churn and burn means that eveyr month minor or major ugrades will take place that can and will affect your VPiX 2 GO Tours.HTML 5, Adobe Flash, Google maps, Bing Maps, Apple Open Street Maps and web browsers are going to change and improve from time to time. As with all platforms that make use of media that are enhanced by 3rd party drivers and technologies, we are never in control of changes that might introduce bugs in your older VPiX tours or new ones you create.
In the event VPiX has to manually edit your tours or fix bugs brought on by actions you created, or specifically certain functions fail to work when a new browser release is made, VPiX may charge you a "repair fee," to correct a glitch or bug on your tour. VPiX is not staffed to teach you how to edit your own HTML files, which means you will have to get a competent Javascript / HTML5 / jQuery coder to assist you, or you can pay VPiX to make the repairs for you if you run into issues with any VPiX 2 GO exported tours.
LIMITED WARRANTY
VPiX® MAKES NO WARRANTY WHETHER EXPRESS OR IMPLIED THAT ALL OF VPiX® SERVICES WILL BE 100% OPERATIONAL AND ERROR FREE 100% OF THE TIME. ANY VPiX® SERVICE, IF INTERRUPTED WILL BE TEMPORARY, AND WILL BE CORRECTED TO A FUNCTIONAL STATE ONCE VPiX® IS NOTIFIED OF THAT A POTENTIAL SERVICE INTERRUPTION MAY EXIST. YOU, THE USER, UNDERSTAND THAT YOU HAVE TO PROVIDE YOUR OWN INTERNET ACCESS IN ORDER TO ACCESS AND USE THE VPiX TOOLS. VPiX® IS NOT RESPONSIBLE FOR ANY LOST TIME, COMMISSIONS, CLIENt CONTRACTS OR ANY PROBLEM ASSOCIATED WITH YOUR USING ANY VPiX® SYSTEM, PRODUCT OR TOOL. WE ARE NOT RESPONSIBLE FOR VIRUSES, OR ANY SOFTWARE OR HARDWARE FAILURE THAT YOU MAY EXPERIENCE BY USING ANY VPiX SYSTEM, PRODUCT OR TOOL. YOUR SOLE REMEDY OF ANY DISSATISFACTION OF USING ANY VPiX® PRODUCT OR SERVICE IS SIMPLY TO STOP USING IT. ANY ACCRUED HOSTING CHARGES, INCLUDING SEO AND OTHER VPiX® SERVICES WILL BE DUE AND BILLABLE TO YOU FOR THE PERIOD OF TIME YOU HAVE USED ANY VPiX® SERVICE.BACKUPS OF YOUR TOURS AND IMAGES
AT NO TIME TIME WILL VPiX® OR ANY AFFILIATE OF VPiX® BE HELD ACCOUNTABLE FOR YOUR LACK OF KEEPING BACKUPS OF YOUR IMAGES, SLIDE SHOWS, AGENT PHOTOS OR VIRTUAL TOURS OF VIDEOS. VPiX® PROVIDES TAPE BACK UP SERVICES, BUT SOMETIMES SOME BACKUPS MIGHT BE INCOMPLETE. ANY CLIENT REQUIRING A TAPE RESTORE DUE TO REPLACE MISSING PHOTOS, TOURS AND OTHER CONTENT DUE TO SERVER FAILURE, ACTS OF GOD, OUTAGE, VANDALISM OR BY END USER ACCIDENT WILL BE PROVIDE TO CUSTOMER AT $95 PER RESTORE, PER INCIDENT. VPiX® INCLUDING VPiX® CERTIFIED PHOTOGRAPHERS OR AFFILIATES WILL NOT BE HELD ACCOUNTABLE FOR ANY LOST TIME, OR COMPENSATORY DAMAGES DUE TO SUCH FAILURE IF AND WHEN IT MIGHT OCCUR. THE ONLY LEGAL COURSE OF ACTION AVAILABLE TO ANY CUSTOMER IS TO SIMPLY STOP USING VPiX® - KAYYAH HOSTING SERVICES. CUSTOMER UNDERSTANDS THAT THEY ARE NOT ENTITLED TO ANY REFUND IF THEY ELECT TO TERMINATE VPiX® HOSTING SERVICES.The above disclaimer applies to any failure, omission, computer virus, corrupted file, interruption of service, defect or delays, theft, unauthorized access or use, loss of revenue, loss of time, peeved clients, headaches, missed phone calls, getting yelled at by your broker, missed closing or showing appointments, corrupted client data when importing or exporting to VPiX®'s systems or any willful acts of God.
In no event will VPiX® or any of VPiX®'s authorized agents be liable to you for any indirect, consequential, exemplary, incidental, punitive damages, including lost commissions, MLS or RESPA violations even if VPiX® has been advised of the possibility of such damages. In states where these laws do not apply, you are asked to find another listing management and hosting provider. It is not VPiX®'s responsibility to prescreen anyone from states where some or all of these laws do not apply. It is yours.
VPIX® TOUR(S) COPYRIGHT OWNERSHIP AND RESTRICTIONS.
VPiX® powers many websites for many photographers. By default, all images captured by any VPiX® photographer and hosted on VPiX® servers are automatically ©VPiX, All Rights Reserved. Unless you obtain a FORM VA (Visual Arts) for a Copyright transfer in writing from VPiX® or a VPiX® certified photographer, no end-user ownership rights to any virtual tour is either expressed or implied. VPiX® reserves the right to police all virtual tours hosted on VPiX® servers to ensure they are in compliance with the VPiX® User License Agreement (VULA). Any panoramas found to have licensed music (MP3) files will be immediately deleted with little or no notice to you. Any virtual tour panorama that depicts nudity or offensive can and will be deleted with little or no notice to you. We will update our VULA from time to time with little or no notice to you. Therefore you will bound by the most current copy of the VULA. Any tour pack bought including hosting and VPiX 2 Go tours are not hosted forever, but for no period to exceed 1 year (12) months. Any change of a standard hosting account to a VPS VPiX Server or White Label account will void any previous hosting agreement and all new tours including VPiX 2 Go licenses and fees will made under a new, written license agreement.ACCEPTABLE CONDUCT FROM VPIX® AFFILIATES AND MLS LICENSEES
Any VPiX® licensee, reseller or affiliate that uses VPiX® MLS hosting technology and or 360 virtual tour technology in their own business -- reselling hosting and real property marketing services are bound to a higher standard of customer service. VPiX® will investigate and seek to resolve any customer service issues once a complaint is known. This includes but is not limited to, not posting virtual tour links in a timely manner to Realtor.com, not updating or maintaining accurate information for the listing, broker or agent, or taking money and not providing services in a timely manner to the client(s) that the VPiX® affiliate/photographer serves. Pursuant to this policy, VPiX® will charge the licensee the appropriate charges resulting from customer service neglect such as posting tours to Realtor.com. In addition, VPiX® may charge a penalty fee to VPiX® licensee for such customer neglect. VPiX® reserves the right to reassign any client who is not getting proper service to another VPiX® affiliate/photographer if VPiX® determines the end customer is not receiving adequate services that they have already paid for but are not getting.IMPORTANT: Extreme cases of licensee business mismanagement and malpractice are defined as but not necessarily limited to: cases where VPiX® licensee has a track record of not being able to pay for recurring services to VPiX®, if moneys are being collected for linked services on Realtor.com and if the VPiX® licensee is not paying said bills or providing adequate services to the REALTORS they service. If more than five (5) incidents of customer complaints have been documented and if the problems continue after licensee has been advised by VPiX®, VPiX® reserves the right to terminate the license and take over the servicing of the accounts or transfer them to another VPiX® licensee with written notice to licensee. By accepting this VULA below, Licensee understands the risks of providing poor customer service and/or demonstrates consistent financial difficulties in being able to pay for their VPiX 360 Cloud subscription.
- Any VPiX® client or affiliate that brings a client to VPiX® will be bound by the terms of this VULA, AND:
- At no time will VPiX® be held responsible for lack of communications if they act as an infomediary, that being acting as an account executive.
- At no time will VPiX® be responsible for any loss of revenue, or damages. The VPiX® Photographer will assume all liability for managing the business and financial relationship(s) with their client and indemnifies VPiX® against all claims.
- Refunds. At no time will VPiX® issue a refund to VPiX® client for any deposit received for custom work.
Should you have any questions concerning this VULA, or if you desire to contact VPiX® Corp for any reason, please contact the VPiX® subsidiary serving Your country, or write:
Virtual Pictures Corporation
Attn: VULA Compliance Officer
590 Highway 105, Suite # 276
Monument, CO 80132