Vistatour.com Terms of Use Agreement

1. Eligibility. Use of the Vistatour Services and registration to be a Member for the Vistatour Services ("Membership") is void where prohibited. By using the Vistatour Services, you signify and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Vistatour Services does not violate any applicable law or regulation in your state or country. Your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. If you are under 13 years of age, there must be one of the following parties supervising and providing consent: parent, faculty education member, guardian, teacher, or officer, to browse or become a member of Vistatour.com.


2. Fees. If Vistatour terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You accept that Vistatour reserves the right to charge for any portion of the Vistatour Services and to change its fees (if any) from time to time at its discretion.


3. Vistatour may terminate your Membership at any time, with or without prior notice or explanation, and without liability if this agreement is not followed. If any material that goes against the posting guidelines as outlined in this agreement is posted, your posting(s) will be blocked and/or removed. Even after Membership is terminated, this Agreement will remain in effect. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Vistatour Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us via the bottom of the homepage with all your user information and the start and end date of your Membership. Terms of membership are governed by individual "Terms of Membership" upon registration.


4. Use by Members. Vistatour reserves the right to take appropriate legal action for any illegal or unauthorized use of the Vistatour Services. The Vistatour Services are for visitors and the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Vistatour. Vistatour reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Vistatour Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Vistatour Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.


5. Password. You agree to notify Vistatour immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. When you sign up to become a Member, you will also be asked to choose a password. You agree not to use the account, username, or password of another Member at any time or to divulge your password to any third party. You are entirely responsible for maintaining the confidentiality of your password.


6. Proprietary Rights in Content on Vistatour.
   1. By displaying or publishing ("posting") any Content on or through the Vistatour Services, you hereby grant to Vistatour a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Vistatour Services, including without limitation distributing part or all of the Vistatour Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Vistatour Website. Coming soon will be the option to have your membership "private" allowing only those you select to have the authorization to view your posted information and tours. Vistatour does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Vistatour Services. After posting your Content to the Vistatour Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. This limited license does not grant Vistatour the right to sell or otherwise distribute your Content outside of the Vistatour Services.
   2. The Vistatour Services contain Content of Users and other Vistatour licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Vistatour Services.
   3. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Vistatour Services. You represent and warrant that: (i) you own the Content posted by you on or through the Vistatour Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Vistatour Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
   4. The Vistatour Services contain Content of Vistatour ("Vistatour Content"). Vistatour Content is protected by copyright, trademark, patent, trade secret and other laws, and Vistatour owns and retains all rights in the Vistatour Content and the Vistatour Services. Vistatour hereby grants you a limited, revocable, non sub licensable license to reproduce and display the Vistatour Content (excluding any software code) solely for your personal use in connection with viewing the Vistatour Website and using the Vistatour Services.
   5. Vistatour performs technical functions necessary to offer the Vistatour Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Vistatour Services.
   6. The license you grant to Vistatour is non-exclusive (meaning you are free to license your Content to anyone else in addition to Vistatour), sublicensable (so that Vistatour is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Vistatour Services), fully-paid and royalty-free (meaning that Vistatour is not required to pay you for the use on the Vistatour Services of the Content that you post), and worldwide (because the Internet and the Vistatour Services are global in reach).


7. Content Posted.
   1. Vistatour may eliminate, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Vistatour violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Vistatour assumes no responsibility for monitoring the Vistatour Services for inappropriate Tours, Comments, Music, Content or conduct. If at any time Vistatour chooses, in its sole discretion, to monitor the Vistatour Services, Vistatour nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the Vistatour Services, and any material or information that you transmit to other Members and for your interactions with other Users.
   3. You are solely responsible for any and all downloads from Vistatour. You assume all risk associated with spyware, shareware, viruses, etc. Vistatour assumes no liability and disclaim all liability for any and all downloads.
   4. Vistatour assumes no responsibility for any content that is uploaded and published. Also Vistatour assumes no responsibility for licensed and copyrighted content that is published and uploaded in direct violation of this Terms of Agreement and/or Privacy Agreement.
   5. Uploaded content becomes the sole property of Vistatour to do whatever Vistatour decides to do with it including post, manipulate, delete, use in advertising, etc.
   6. At the discretion of Vistatour, uploaded content will be posted on Vistatour website at Vistatour's discretion and choice of positioning as stated in the instructions when uploading content.


8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Vistatour Services. Vistatour reserves the right to investigate and take appropriate legal action against anyone who, in Vistatour's sole discretion, violates this provision, including without limitation, removing the offending Content from the Vistatour Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Vistatour:
   1. exploits people in a sexual or violent manner; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
   3. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   4. harasses or advocates harassment of another person;
   5. publicly posts information that poses or creates a privacy or security risk to any person;
   6. solicits personal information from anyone under 18;
   7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
   10. involves commercial activities and/or sales without prior written consent from Vistatour such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   12. includes a photograph or video of another person that you have posted without that person's consent;
   13. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
   
   The following are examples of the kind of activity that is illegal or prohibited on the Vistatour Website and through your use of the Vistatour Services. Vistatour reserves the right to investigate and take appropriate legal action against anyone who, in Vistatour's sole discretion, violates this stipulation, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
   
   
   1. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Vistatour Services;
   2. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
   3. criminal or tortious activity, including child pornography, fraud, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets;
   4. advertising to, or solicitation of, any Member to buy or sell any products or5services through the unauthorized or impermissible use of the Vistatour Services;
   5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   6. impersonating or attempting to impersonate another Member, person or entity;
   7. interfering with, disrupting, or creating an undue burden on the Vistatour Services or the networks or services connected to the Vistatour Services;
   8. selling or otherwise transferring your profile;
   9. using the Vistatour Services in a manner inconsistent with any and all applicable laws and regulations;
   10. using any information obtained from the Vistatour Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;


9. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Protecting Copyrights and Other Intellectual Property. Vistatour respects the intellectual property of others, and requires that our users do the same. Vistatour has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Vistatour Services in a way that constitutes copyright infringement, please contact us via the Contact Us link at the bottom of the Vistatour home page or select the Report Abuse link at the bottom of any Vistatour page and mention the all of the following information: (a) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Vistatour Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.


10. Disclaimers. Vistatour is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Vistatour Services, whether caused by Users of the Vistatour Services or by any of the equipment or programming connected with or utilized in the Vistatour Services and such User Content does not necessarily reflect the opinions or policies of Vistatour. Vistatour is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Vistatour Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Vistatour Services. Vistatour takes no accountability for third party advertisements or third party applications that are posted on tours or through the Vistatour Services, nor does it take any responsibility for the goods or services provided by its advertisers. Vistatour is not responsible for the conduct, whether online or offline, of any User of the Vistatour Services. Vistatour assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to a Users account, or alteration of, any User or Member communication. Under no circumstances shall Vistatour be responsible for any loss or damage, including personal injury or death, resulting from use of the Vistatour Services, from any User Content posted on or through the Vistatour Services, or from the conduct of any Users of the Vistatour Services, whether online or offline. The Vistatour Services are provided "AS-IS" and as available and Vistatour expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Vistatour cannot guarantee and does not promise any specific results from use of the Vistatour Services. Users assume any and all risk associated with the use of the software and/or content of this site, as well as any and all risk of any kind associated with the interaction of any and all other users.


11. Privacy. Use of the Vistatour Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.


12. U.S. Export Controls. Software available in connection with the Vistatour Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Vistatour Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.


13. Limitation on Liability. IN NO EVENT SHALL VISTATOUR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE VISTATOUR SERVICES, EVEN IF VISTATOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VISTATOUR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VISTATOUR FOR THE VISTATOUR SERVICES DURING THE TERM OF MEMBERSHIP.


14. Other. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and Vistatour regarding the use of the Vistatour Services. This Agreement is accepted upon your use of the Vistatour Website or any of the Vistatour Services and is further affirmed by you becoming a Member. The failure of Vistatour to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Vistatour is a trademark of 3DVista SL. Vistatour allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, and other related information provided by Vistatour, its licensors, and its users (the "Content"). You understand and agree to the following that by using the Products, you do not receive any, and Vistatour and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Vistatour or by the owner of that Content, in a separate agreement.


15. Disputes. The Agreement shall be governed by, and construed in agreement with, the laws of the State of Arizona, without regard to its conflict of law provisions. You and Vistatour agree to submit to the exclusive jurisdiction of the courts located within the State of Arizona to resolve any dispute arising out of the Agreement or the Vistatour Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.


16. Indemnity. You agree to indemnify and hold Vistatour, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Vistatour Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Vistatour Services.


17. Member Disputes. You are solely responsible for your interactions with other Vistatour Members. Vistatour reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.