Terms of Service

VR Site Tour

The use of this product indicates your understanding and acceptance of the following terms and conditions. This license shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary. If you (the end-user) do not understand or accept these terms, or your local regulations prohibit "after sale" license agreements or limited disclaimers, you must cease and desist using this product immediately. Copyright laws supersede all local regulations. Any rights not expressly granted herein are reserved by EarthCam, Inc.

Copyright:

This product (in whole or in part, including all files, data, documentation, application, website, and web pages, from here on referred to as "VR Site Tour") is Copyright 2015 EarthCam, Inc., all rights reserved, and is protected by United States copyright laws, international treaties and all other applicable national or international laws. This product may not, in whole or in part, be copied, photocopied, translated, or reduced to any electronic medium or machine readable form, without prior consent in writing, from EarthCam, Inc. and according to all applicable laws. The sole owner of this product is EarthCam, Inc.

Liability Disclaimer:

This product and/or license is provided exclusively by EarthCam, Inc. on an "as is" basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness.

The entire risk as to the use of this product is assumed by the End User and/or licensee. EarthCam, Inc. does not assume liability for the use of this product beyond the original purchase price. In no event will EarthCam, Inc. be liable for additional direct or indirect damages including, without limitation, any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use this product, even if End User or EarthCam, Inc. have been advised of the possibility of such damages. End User indemnifies EarthCam, Inc. from any and all inappropriate or illegal uses of EarthCam, Inc. products, services, or software and/or from any alterations of products, services, or software not approved by EarthCam, Inc.

EarthCam, Inc. will not be liable for any direct or indirect damages arising from lawsuits or legal fees incurred by such uses.

Restrictions:

You may not use, copy, modify, embed, translate, or transfer the product or any copy except as expressly defined in this agreement. You may not attempt to unlock or bypass any copy protection or authentication algorithm utilized by this product. You may not remove, reverse engineer, decompile or modify any copyright notice, nor any "about" dialog or the method by which it may be invoked.

Limitation of Use:

You may not modify, copy, distribute, transmit, display, embed, perform, reproduce, publish, license, create derivative works from, transfer, rent, or sell any information, software, products or services obtained from VR Site Tour. Without the advance express written permission of EarthCam, Inc., you may not send, or cause to be sent, any automated queries of any sort to VR Site Tour.

No Unlawful or Prohibited Use:

As a condition of your use of VR Site Tour, you will not use VR Site Tour for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use VR Site Tour in any manner that could damage, disable, overburden, or impair VR Site Tour (or the network(s) connected to VR Site Tour) or interfere with any other party's use and enjoyment of VR Site Tour. You may not attempt to gain unauthorized access to VR Site Tour, other accounts, computer systems, or networks connected to VR Site Tour, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through VR Site Tour. You may not post content that is unlawful, harassing, abusive, obscene, hateful, or otherwise objectionable in any way. You may not post inaccurate, false, or forged information or content of any kind. You may not manipulate photographs or falsify a photograph's date with the intent to deceive the people viewing the photographs. You may not post content that you do not have the proprietary rights to make public. You may not upload, post, email, transmit, or otherwise make available material that contains spam, software viruses, junk mail, or any files designed to interrupt, destroy, or limit the functionality of any computer.

You are responsible for maintaining the confidentiality of your device and access to VR Site Tour on your device. You are responsible for all uses of your device and VR Site Tour, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality, or any breach of security through your account, then you should notify EarthCam, Inc. immediately.

Terms:

This license is effective until terminated. This license will terminate if you fail to comply with any terms or conditions of this agreement. You agree upon such termination to destroy all copies of the software and of the documentation, or return them to EarthCam, Inc. for disposal.

Modification of These Terms of Use:

EarthCam, Inc. reserves the right to change the terms, conditions, and notices under which VR Site Tour is offered, including but not limited to the charges associated with the use of VR Site Tour. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of VR Site Tour constitutes your agreement to all such terms, conditions, and notices.

Other rights and restrictions:

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the product.
  • Separation of Components. The product is licensed as a single product. Its component parts may not be separated for use on other systems or sites.

All other rights and restrictions not specifically granted in this license are reserved by End User and/or EarthCam, Inc.

Other Restrictions:

You may not rent, lease, or sublicense VR Site Tour but you may transfer the VR Site Tour and accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile, or disassemble VR Site Tour. If VR Site Tour offers an update or has been updated, any transfer must include the most recent update and all previous versions.

Without the prior written consent of EarthCam, Inc., you may not use any of EarthCam, Inc.'s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link to the website or to any page thereof or engage in the practice of "deep linking" in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by EarthCam, Inc.; (b) cause confusion, mistake, or deception; (c) dilute EarthCam, Inc. trademarks or service marks; (d) otherwise violate state, provincial, or federal law; or (e) constitute improper derision or disclosure concerning EarthCam, Inc., and its officers, directors, agents, or franchises. You may not frame or otherwise incorporate into another website any of the materials on this website without the prior written consent of EarthCam, Inc.

Termination:

This license for VR Site Tour is effective until terminated. Your rights under this license will terminate automatically without notice from EarthCam, Inc. if you fail to comply with any term(s) of this license. Upon the termination of this license, you shall cease all use of VR Site Tour and destroy all copies, full or partial, of VR Site Tour. All rights granted to EarthCam, Inc. under this Terms of Service will survive the termination of the license.

Disclaimer:

VR SITE TOUR IS DELIVERED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF VR SITE TOUR IS ASSUMED BY THE PURCHASER. EARTHCAM, INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE WITH RESPECT TO VR SITE TOUR.

EARTHCAM, INC. SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS OR FOR ANY OTHER CONSEQUENTIAL, ECONOMIC OR INDIRECT LOSS WHATSOEVER IN RESPECT OF SALE, PURCHASE, DELIVERY, USE OR DISPOSITION OF VR SITE TOUR. EARTHCAM, INC.'S TOTAL LIABILITY FOR ALL CLAIMS IN ACCORDANCE WITH THE SALE, PURCHASE, DELIVERY, USE OR DISPOSITION OF VR SITE TOUR SHALL NOT EXCEED THE PRICE PAID FOR VR SITE TOUR.

Governing Law:

This agreement shall be deemed performed in and shall be construed by the laws of New Jersey.