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Terms Of Use
ACCEPTABLE USE POLICY
Virtual Homes shall bear no responsibility or liability for the content of any web page hosted by Virtual Homes. Virtual Homes does not pre-screen, review or monitor the data, information or other materials that appear on the web pages hosted by Virtual Homes. Any opinions or views espoused on any web page hosted by Virtual Homes does not necessarily reflect the opinions or views of Virtual Homes. As the author of any and all web pages hosted by Virtual Homes, the user is fully and solely responsible and liable for the contents of all such web pages.
ANY AND ALL VIRTUAL HOMES SERVICES PROVIDED SHALL BE USED FOR LAWFUL PURPOSES ONLY AND SHALL NOT BE USED BY ANYONE TO POST, PROPAGATE, DISTRIBUTE, PUBLISH, HOUSE, STORE, SOLICIT, PROCESS, TRANSMIT OR OTHERWISE HANDLE ANY OF THE FOLLOWING:
(1) Obscene Material, which includes, without limitation, any material that is lewd, pornographic, profane, indecent, sexually explicit, obscene, excessively violent, filthy, depraved, or in any other manner offensive;
(2) Discriminatory or Harassing Material, which includes, without limitation, any material that is discriminatory or harassing in any manner, whether based on race, gender, age, national origin, religion, sexual orientation, marital status, disability or any other basis, or any material that is otherwise harmful, offensive, threatening, abusive, embarrassing, distressful, insulting, vulgar, hateful, disparaging, or otherwise objectionable and in violation of all applicable laws;
(3) Defamatory Material, which includes, without limitation, any material that is disparaging, slanderous, libelous, or otherwise defamatory and in violation of all applicable laws;
(4) Fraudulent Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;
(5) False Advertising, which includes, without limitation, any advertising, marketing or promotional data, information or materials that contain any deceptive, misleading and/or false representations, statements, claims, assurances, or messages;
(6) Violations of Intellectual Property Rights Material, which includes, without limitation, any material that infringes upon another's intellectual property rights, including copyright, trademark, trade secret, trade dress, patent, service mark or any other electronic or intellectual property right belonging to another person or entity;
(7) "Spam", which includes, without limitation, transmitting unsolicited mail to another person or entity, including unsolicited commercial e-mails and mail bombing large volumes of unsolicited mail to another individual or entity;
(8) Systems Abuse, which includes, without limitation, abuse of Virtual Homes's hosting servers, attacks on servers, mail bombs, hack attacks, port scanning or probing, materials, conduct or activity that invades any third party's right to privacy, or harmful materials, conduct or activity that prevent other users from effectively using the system;
(9) Illegal Material, which includes, without limitation, any material that is illegal, encourages illegal activity or in any manner violates any international, federal, state or local laws or regulations;
(10) Unacceptable Material, which includes any conduct, data, e-mail, information,
content or activity that RealBiz360, in its sole and absolute discretion, deems to be unacceptable use of the Services provided by RealBiz360.
Virtual Homes reserves the right to suspend and/or terminate the user's account and Services provided by Virtual Homes(subject to any applicable fees and charges, including termination fees, as specified in the Customer Agreement) if it determines, in its sole and absolute discretion, that the user is in violation of this Acceptable Use Policy, the terms and conditions of the Customer Agreement and/or the Order Form(s) submitted by the user, and shall report any illegal activity to the appropriate authorities.
Security
You are responsible for any misuse of your account, even if a friend, family member, guest, or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of Virtual Homes website(s). This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. Virtual Homeswill cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
CUSTOMER AGREEMENT
This Customer Agreement is made effective upon completion and submission of this form, by and between Virtual Homes Ltd and an Independent Agent with the business address previously stated in this form, (hereinafter referred to as "User").
This Customer Agreement (“Agreement”) is a legally binding agreement between Virtual Homes and the customer purchasing any product(s) and/or service(s) from Virtual Homes(collectively referred to as “Services”), as reflected in the order form(s) (“Order Form”) submitted by the customer (“Customer” or “You”). This Agreement details the terms and conditions for the purchase of any Services from Virtual Homes. You should read this Agreement carefully as the terms and conditions of this Agreement must be accepted prior to the activation of any Virtual Homes' Services. By clicking on the “I accept” button below, You are acknowledging that You have fully read, understood and agree to be bound by the terms of this Agreement and all terms and conditions incorporated by reference in this Agreement, including the Acceptable Use Policy, and the Cancellation Policy and Order Form(s) submitted by You.
Requirements
You must be at least eighteen (18) years of age to order any Services from Virtual Homes and enter into this Agreement. By accepting this Agreement, You represent that you meet this age requirement and are legally able to enter into this Agreement. Minors whom use any Services are required to have parental or guardian consent to do so. You agree that you are responsible and liable for all charges posted to your account. You agree to pay all sales and use taxes, duties or levies that are required by law, as well as any attorney and collection fees arising from efforts to collect any unpaid balance on your account.
Modifications
Virtual Homes may modify this Agreement, the terms, conditions, and charges for the Services, and the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Virtual Homes Home Page, or by a message from Virtual Homes sent by electronic mail, or by conventional mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Fees and Payment
You agree to pay all fees and charges, including all set-up/registration and posting fees for any and all Services selected by You in accordance with the terms and conditions of the Order Form(s) submitted by You, which Order Form(s) are fully incorporated herein by reference, and payment shall be due according to the payment plan selected. Payment will be made on a monthly billing cycle, whereby You shall be billed concurrently with the placement of a purchase order for any and all Service(s) selected, in addition to all set-up and/or registration fees, applicable taxes, shipping and handling fees and any other applicable fees and expenses. Recurring charges are billed in advance of the service provided.
In addition to any outstanding fees and charges.
A $20.00 late fee will apply to any account past due more than ten (15) calendar days from the due date. Virtual Homes reserves the right to revise, amend or otherwise modify the terms of the Services and/or rates and fees charged for the Services upon written notice to you, by delivery specified under the Notice provision of this Agreement.
Member Account Usage
A single agent membership agreement permits one agent to create an unlimited number of tours for their own personal listings, tours for their buyers, or neighborhood tours. Posting of tours other than the agent's own tours (i.e. office tours, tours for other agents, multiple agent teams, etc.) shall be cause for immediate cancellation of this agreement.
An agent team membership allows more than one agent working together as a team to create tours for their listings. A team is defined as more than one agent that markets their services collectively (i.e. The Brown Team, or Janet and Tom Williams). Member may add or remove team members to the subscription for an additional fee. Posting of tours other than the agent teams own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team members are defined as non-administrative personnel.
Cancellation of Services
This Agreement may be terminated at any time by either party upon thirty (30) days written notice, with or without cause, and the right of termination shall not be restricted in any way or manner, except in a writing executed by both parties. The termination shall become effective 30 days from the date of termination. In the event this Agreement is terminated for any reason, then User shall be obligated to pay in full to Virtual Homes any monies owed for its services rendered up through the date of termination.
In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes Virtual Homes to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, Virtual Homes may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: Virtual Homes does not refund charges for unused service. If you fail for fifteen (15) days to pay any charge when due, including, but not limited to, product charges, service charges, or taxes, or if you fail for fifteen (15) days to perform or observe any other material term or condition of this Agreement, or, immediately, if you provide false or inaccurate information which is required for the provision of the Services or is necessary to allow Virtual Homes to bill you for the Services, and such condition continues unremedied for thirty days, you shall be in default and Virtual Homes may suspend or terminate the Services. You may not assign your account for Services to anyone without the express written consent of Virtual Homes.
Indemnity
You agree to indemnify and hold Virtual Homes harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services, except to the extent that such Liabilities arise from the willful misconduct of Virtual Homes. You agree to indemnify Virtual Homes, its affiliates and subsidiaries, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, (iv) violates Virtual Homes' Acceptable Use Policy as it is modified from time to time, or (v) interferes with other customers' use or enjoyment of the Services provided by Virtual Homes. You agree to indemnify Virtual Homes, its affiliates and subsidiaries for any tax caused by your use of the Services, for which you are responsible hereunder, which you fail to pay.
Proprietary and Intellectual Property Rights
The Services provided by Virtual Homes may provide the Member with access to proprietary data, information and materials, including without limitation, software, know-how, techniques, methodologies, ideas, concepts, and processes, that are protected by copyright, trademark, patent and other applicable laws protecting electronic and intellectual property rights. This Agreement does not grant to Member, whether expressly, by implication, estoppels or otherwise, any rights or license(s) with respect to any confidential information or any patent, trademark, copyright, design, logo, graphics, mask work right, computer software, invention, discovery, improvement made or any other electronic and/or intellectual property right now or hereafter owned by Virtual Homes. All confidential information, proprietary information, title, patents, patent rights, copyrights, mask work rights, trade secret rights, electronic and other intellectual property rights that Member may work with or have access to during the entire duration of this Agreement, and all subsequent renewals of this Agreement, are and shall remain the exclusive and sole property of Virtual Homes. Member shall take all reasonable steps to secure, protect and maintain the confidentiality of all intellectual and proprietary rights of Virtual Homes at all times, and shall maintain such obligation in perpetuity, irrespective of the existence of the Agreement.
License Grant to Virtual Homes
Customer hereby grants to Virtual Homes a non-exclusive, royalty-free right and license for the term of this Agreement, and any subsequent renewals, to edit, modify, translate, adapt, publish, reproduce, distribute, display, access and otherwise use the data, information, materials and other content displayed on Customer’s website as Virtual Homes deems necessary and/or appropriate, including, without limitation, in order to perform and service Customer under the terms of this Agreement and Order Form(s). Customer further expressly: (1) grants to Virtual Homes a license to cache data, information or other materials distributed or made available for distribution on Customer’s website via the Services hosted by Virtual Homes, including content supplied by third parties, and (2) agree that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.
Privacy
The terms of Virtual Homes privacy policy with regard to the information-gathering and dissemination practices for this website are contained in the Privacy Policy, as amended, modified or updated periodically, which policy can be viewed on this site and is fully incorporated herein by reference. Member acknowledges that Member has fully read, understood and agrees to the terms and conditions of the Privacy Policy and further agrees that the Privacy Policy is fully incorporated herein by reference and becomes part of this Agreement.
Domain Names
All domain name registration is done on the Member’s behalf. Virtual Homes shall bear no responsibility or liability in any manner or capacity for any domain name registered at the Member’s request.
Advertising
You shall not use Virtual Homes' name or any language, pictures or symbols which could, in Virtual Homes' judgment, imply Virtual Homes' endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, (iii) website, without prior written consent.
Network Performance
Virtual Homes' accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs, which negatively impact other customers or the performance of Virtual Homes systems or networks. Virtual Homes reserves the right to terminate or limit such activities.
Force Majeure
Virtual Homes shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Third Party Links
Some links in this web site will let the user leave Virtual Homes' site. The linked sites are not under the control of Virtual Homes, and Virtual Homes is not responsible for the content available on any other Internet sites linked to the web site. Virtual Homes 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 Virtual Homes of the linked site. Virtual Homesis not responsible for the availability of such external sites and resources and is not responsible or liable for any content, advertising products, services, photo, or other materials on or available from such sites or resources. It is up to the user to take precautions to ensure that whatever the user selects for use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
Notices
Any notices in connection with this Agreement must be sent to each party as follows:
To Virtual Homes, P.O Box 5583, Dunedin, New Zealand. Email: notices@virtualhomes.co.nz. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.
Entire Agreement:
This Agreement, together with the Order Form(s) submitted by the Member and the Acceptable Use Policy, Privacy Policy and Cancellation Policy referenced and fully incorporated into this Agreement, as amended, modified or updated periodically, memorialize and constitute the entire agreement between Virtual Homes and the Customer pertaining to the subject matter hereof and hereby supersedes and replaces all prior negotiations, proposed agreements and agreements between the parties, whether written or unwritten regarding this subject matter.
In the event any provision(s) of this Agreement, Order Form(s), Acceptable Use Policy, Privacy Policy or Return Policy, as amended, modified or updated periodically, is held to be invalid, void or unenforceable, the remaining provisions, terms, covenants and conditions of this Agreement, Order Form(s), Acceptable Use Policy, Privacy Policy and Return Policy shall not in any manner be effected or invalidated thereby but shall remain in full force and effect and enforceable in accordance with its terms.
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