Video Tour Company Terms and Conditions

By using our Web Site, you agree to the following terms of use. These terms are as follows:

The DISCLAIMER ? describes the terms of which VideoTourCompany.com offers access to our website.

The AGREEMENT ? the use of VideoTourCompany.com web hosting and e-commerce services ? is a legally binding contract between Video Tour Company and you to be eligible to use the services. Prior to using our web site you may wish to consult with your attorney as you are legally bound to the all the terms and conditions hereof.

The ACCEPTABLE USE POLICY ? governs your use of VideoTourCompany.com, being a customer or visitor of our Web Site.

DISCLCAIMER:

The information on this Web Site is provided as a service by Home Tours LLC and Video Tour Company. We disclaim any implied warranty or representation about its accuracy, completeness or appropriateness for a particular purpose. Those persons who access this information assume full responsibility for the use of the information and understand and agree that Home Tours LLC is not responsible or liable for any claim, loss or damage arising from the use of the information. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by Home Tours LLC. The views and opinions expressed within these documents do not necessarily reflect those of Home Tours LLC.

Home Tours LLC and Video Tour Company uses its best efforts to maintain this program and website, but is not responsible for the results of any defects that may be found to exist in the program, or any lost profits or other consequential damages that may result from such defects. You should not assume that it is error-free or that it will be suitable for the particular purpose that you have in mind when using it. All information provided is deemed reliable but is not guaranteed and should be independently verified. All real estate advertising placed by any one through this service is subject to the US Federal Fair Housing Act of 1968. Neither VideoTourCompany.com nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

All web site design, text, graphics, the selection and arrangement thereof, and all software are Copyright 2007 by Video Tour Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of assisting users of the web site in their real estate transactions. Any other use of the information and material on this web site, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of Home Tours LLC is strictly prohibited.

All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real.

TERMS AND CONDITIONS

Agreement for use of VideoTourCompany.com Web Hosting and E-Commerce services.

Before you use or accept the web hosting or e-commerce services provided by VideoTourCompany.com, and in order to continue the use of these services, carefully read the terms and conditions of this agreement. By inputting subscriber information, registering, or activating you web hosting account, you are agreeing to be bound by, and are becoming a party to, this agreement. If you do not accept and agree to all the terms and conditions of this agreement, do not input subscriber information, register, or activate your account. This agreement becomes effective when you complete all of the Participant-ship information required on the Participant Registration Form. This agreement ("Agreement") is between Home Tours LLC ("VideoTourCompany.com "), a Pittsburgh corporation, and the Participant ("you, "your"). This agreement sets forth the terms and conditions under which you agree to use VideoTourCompany.com Web Hosting and E-Commerce services ("Service").

Linked Internet Sites

The links in this web site will let the user leave VideoTourCompany.com site. The linked sites are not under the control of VideoTourCompany.com and are not responsible for the content available on any other Internet sites linked to the web site. VideoTour-Company.com 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 VideoTourCompany.com of the linked site.

Disclaimer of Warranty and Limitation of Liability

VideoTourCompany.com will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall VideoTourCompany.com be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services. VideoTourCompany.com liability for damages in regards to extraordinary and unreasonable interruptions of service, or for mistakes, omissions, delays, errors and defects (including, but not limited to, interruption of service, deletion of files, loss of or damage to data, and damages resulting from computer viruses) in the provision of the Services shall in no event exceed an amount equal to the prorated charges to you for the period during which the Services are affected. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT VIDEOTOURCOMPANY.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM VIDEOTOURCOMPANY.COM OR ITS AFFILIATES AND VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VIDEOTOURCOMPANY.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. VIDEOTOURCOMPANY.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIDEOTOURCOMPANY.COM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VISUALTOUR.COM, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. Through your use of the Services, you may have the opportunities 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. VIDEOTOURCOMPANY.COM 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.

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 VideoTourCompany.com and it's 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 VideoTourCompany.com Service regardless of the medium, technology, or form in which it is used. The entire content of the Service is copyrighted by VisualTour.com as a collective work under the United States copyright laws. Portions of the Service are provided to VideoTourCompany.com under license. The copying, reproduction, or publication of any part of the Service is prohibited, unless expressly authorized in writing by VideoTourCompany.com.

Forces beyond our Control:

VideoTourCompany.com 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.

Cancellation, Termination, and Assignment

In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes VideoTourCompany.com to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, VideoTourCompany.com may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: VideoTourCompany.com 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 VideoTourCompany.com to bill you for the Services, and such condition continues unremedied for thirty days, you shall be in default and VideoTourCompany.com may suspend or terminate the Services.

You may not assign your account for Services to anyone without the express written consent of VideoTourCompany.com. Upon reasonable notice, VideoTourCompany.com may assign its rights and obligations under this Agreement.

Notices:

Any notices in connection with this Agreement must be sent to each party as follows: To VideoTourCompany.com: c/o Video Tour Company, P.O. Box 111, McMurray, PA 15317. Email: sales@VideoTourCompany.com To you: Either the e-mail address supplied for your account, or the address supplied by you as part of the Participant Registration Data. 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.

General:

This Agreement, and the provision of the Services, may be terminated at any time by either party upon written notice to the other. This Agreement shall be construed in accordance with the Laws of the State of Pennsylvania. The Federal and State courts of Washington County Pennsylvania shall be the sole and exclusive venue for any dispute arising hereunder. Some jurisdictions do not allow the exclusion of certain warranties, in which case such warranty exclusions may not apply to you. This Agreement and the accompanying Acceptable Use Policy, Privacy Policy, and the web site Disclaimer constitute the entire agreement between you and VideoTourCompany.com with respect to the Service and supersede all other communications. The provisions of this Agreement are for the benefit of VideoTourCompany.com.com and its service providers, licensors, directors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

ACCEPTABLE USE PARAMETERS:

IMPORTANT NOTE: THIS DOCUMENT IS UPDATED OFTEN. PLEASE REVIEW IT REGULARLY AS YOU ARE BOUND BY ALL MODIFICATIONS.

Introduction:

VideoTourCompany.com.com has established Acceptable Use Parameters in order clarify the duties and responsibilities of the Participants. This document is intended to provide a general understanding of those parameters. It is our intention to provide reliable service to our customers, provide security and privacy of our systems and network, as well as the networks and systems of others, comply with existing laws, maintain our reputation as a responsible service provider, encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services, preserve the value of Internet resources as a conduit for free expression and exchange of information and to preserve the privacy and security of individual users

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If your account is used to violate the Acceptable Use Parameters, we reserve the right to terminate your service without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Parameters will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a Participant of our real estate community, you must act responsibly. If you have any questions regarding this policy, please contact us at parameters@VideoTourCompany.corn

General Information:

Your VideoTourCompany.com account provides you with the opportunity to upload, view, organize, and annotate a variety of your videos, photographs and images quickly and conveniently. Your use of these services is subject to the following policy. Violations of this policy may result in termination of your account with or without notice in accordance with the Agreement for Use of VideoTourCompany.com.com Services that you accepted at the time you created your account.

In general, you may NOT use your VideoTourCompany.com account: In a manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party; In a manner which is defamatory, fraudulent, indecent, offensive or deceptive; To threaten, harass, abuse or intimidate others; To damage the name or reputation of VideoTourCompany.com, its affiliates, employees, owners, or subsidiaries; To break

VideoTourCompany.com provides storage space and access for photographs and related audio files through its security on any computer network, or to access an account that does not belong to you; or In a manner that interferes with other customers' use and enjoyment of the services provided by VideoTourCompany.com.

When retrieving or using information from our website, you are prohibited from: (i) harvesting or otherwise collecting information about other users, including names, telephone and fax numbers, and email addresses; (ii) using the information gathered from our website for the purpose of contacting anyone who has posted information on our website, for any reason other than gathering more information about real estate that is the concern of a prospective Video Tour Company customer; and (iii) using the information gathered from our website including, but not limited to email addresses for the purpose of sending an email for any reason other than gathering more information about real estate that is the concern of a prospective Video Tour Company customer. You are specifically prohibited from using any data gathering and extraction methods to catalog download, store, or otherwise reproduce or use the content available on our website. Such prohibited data gathering and extraction methods include, but are not limited to, data mining, robots, screen scraping, spiders, crawlers, cancel bots, Trojan horses, manual processes, and any other similar methods and techniques.

VideoTourCompany.com reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follow. This information is only a guideline, and is not intended to be all-inclusive.

Subscription Account Usage:

Subscription can be cancelled at any time with 30 days written notice. Subscriber agrees to have the cost of the initial Agent Starter Kit and the cost of the on-going monthly service (plus any applicable sales taxes) automatically charged to their credit card. Subscriber understands that this Video Tour Company service is offered solely on a continuous subscription basis and may be cancelled automatically for non-payment.

Should the subscription expire, the client software will no longer function and the online account and tours will not be accessible. Any tours and account information will be retained for 90 days after the expiration or cancellation of an account. A $99 reactivation fee will be charged to reactivate the account.

A single agent subscription agreement permits one agent to create an unlimited number of tours for their own personal listings, tours for their buyers, or neighborhood tours. The Video Tour Company will be branded to the agent with the inclusion of their individual photo and their individual name in their account profile to display in the contact information feature. Nothing in the tour's features can indicate that this account represents more than one person. Additionally 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. 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 subscription allows more than one agent working together as a team to create tours for their listings. A team is defined as more than one person that markets their services collectively (i.e. The Smith Team, or Mary and Bob Richards). Subscriber may add or remove team Participants to the subscription for an additional fee. The Video Tour Company will be branded to the agent team with the inclusion of their team photo and each of their names in their account profile. Posting of tours other than the agent team's own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team Participants are defined as any living persons including spouses, family Participants, non-licensed staff Participants or others.

Web Sites; Prohibited Content:

Web Hosting service. VideoTourCompany.com will not routinely monitor the contents of your VideoTourCompany.com presentations. You are solely responsible for any information contained in your presentations. However, if complaints are received regarding language, content, or graphics contained on your web site, Video-TourCompany.com may, at its sole discretion, remove the presentations hosted on VideoTourCompany.com servers and terminate your Web Hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. You may not use your web site to publish material that VideoTourCompany.com determines, at its sole discretion, to be unlawful, indecent, or objectionable.

For purposes of this policy, "material" refers primarily to video, but also extends to cover all forms of communication that the VideoTourCompany.com site may allow, including Photographs, narrative descriptions, other graphics (including illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which VideoTourCompany.com concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. This includes, but is not limited to, all content that, in the sole discretion of VideoTour-Company.com, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by VideoTourCompany.com. Objectionable content may include, without limitation:

1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
3. Materials that hold VideoTourCompany.com including its affiliates, employees or shareholders up to public scorn or ridicule.
4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Security:

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family Participant, guest, or employee. 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 VideoTourCompany.com. 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. VideoTourCompany.com will 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.

You are responsible for ensuring that the services obtained from VideoTour-Company.com are used in an appropriate manner by those who you encourage to view your presentations. Therefore, you must take steps to manage the use of the services obtained from VideoTourCompany.com in such a way that network abuse is minimized. You must respond in a timely manner to complaints concerning misuse of the services obtained from VideoTourCompany.com. Failure to responsibly manage the use of the services obtained from VideoTourCompany.com may be cause for termination of services to you.

Network Performance:

VideoTourCompany.com 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 VideoTourCompany.com systems or networks. VideoTourCompany.com reserves the right to terminate or limit such activities.

Illegal or Offensive Activity:

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Without limitation, you may not use the web site to:

1. Transmit obscene materials
2. Intentionally spread or threaten to spread computer viruses
3. Gain or attempt to gain unauthorized access to any network, including VideoTourCompany.com private network infrastructure
4. Access or attempt to access information not intended for you
5. Transmit pirated software

Last updated: 9/1/2007