The YouVR service provides users with photography services and creation of professional property listings that include still photography, virtual tours and floor plans created for customers ("Customers") to be featured on the Website (the "Service"). In order to register for the Service, please contact us at firstname.lastname@example.org. Customer represents and warrants that Customer has the right to enter into this agreement, including without limitation express permission from the applicable property owners as necessary to engage and use our Services as described in this agreement and for YouVR to create and use images and videos of the applicable property owners’ properties. Customer agrees to defend, indemnify and hold harmless YouVR, its agents, officers, directors, employees and contractors from and against any demands, claims, losses, damages, liabilities, expenses and costs (including reasonable attorney’s fees) arising in connection with any breach or alleged breach of the preceding warranty.
Conduct. You shall not (a) copy or distribute any part of this Website (including all of the contents of the website) unless expressly permitted to do so; (b) impersonate another person or entity or misrepresent your affiliation with any person or entity; (c) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (e) resell the content of the Website, the use of the Website or access to the Website or its contents.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
Intellectual Property Rights and Licenses. YouVR owns all right, title and interest in and to all photos, videos, virtual tours, floor plans, and other content and compilations thereof ("YouVR Content") created for Customer by YouVR or any agent authorized by YouVR.
Feedback. If You provide YouVR with any suggestions, comments or other feedback ("Feedback") relating to the Website, YouVR may use such Feedback in the Website or in any other YouVR and or YouVR products or services (collectively, "YouVR Offerings"). Accordingly, You agree that: (a) YouVR is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to YouVR, (c) YouVR (including all of its successors and assigns and any successors and assigns of any of the YouVR Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any YouVR Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from YouVR or any of the other users of the Website.
Use of the Website. YouVR may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. YouVR may periodically add or update the information and materials on this Website without notice.
Advertising. You acknowledge and agree that the Website may be provided with advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that YouVR shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the website. It is your responsibility to ascertain whether any information or materials downloaded from this website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, YouVR AND ITS AUTHORIZED AGENTS DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YouVR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. YouVR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND YouVR SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
NO RESPONSIBILITY FOR CONTENT. You acknowledge and understand that the content made available on the Website is entirely the responsibility of the person from whom such content originated. YouVR will not be liable for any information or content submitted to YouVR by Customer or any third party.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL YouVR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF YouVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by YouVR. YouVR is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-YouVR websites does not imply that YouVR endorses or accepts any responsibility for the content or use of such websites, and You hereby release YouVR from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While YouVR encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of YouVR for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. YouVR reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of YouVR.
No Implied Endorsements. In no event shall any reference to any third party (including any Customer), third party product or service (including such product or service provided by any Customer) be construed as an approval or endorsement by YouVR of that third party, third party product or service.
Security. Information sent or received over the Internet is generally unsecure and YouVR cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Last Updated: November 2nd , 2018
YouVR Subscription agreement
THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”) IS AN AGREEMENT BETWEEN USERS OF THE YouVR INC. SERVICES AND PLATFORM (“CUSTOMER” / “YOU” / “USER”) AND YouVR INC. (“YouVR” / "WE" / "US", TOGETHER WITH CUSTOMER, THE “PARTIES” AND EACH, A “PARTY”). THIS AGREEMENT GOVERNS THE TERMS AND CONDITIONS PURSUANT TO WHICH YOU MAY ACCESS AND USE THE YouVR PLATFORM AND SERVICES. THE AGREEMENT IS ENTERED INTO AS OF THE DATE THAT YOU FIRST CONSENT TO THE TERMS OF THIS AGREEMENT OR ACCESS THE YouVR PLATFORM (THE “EFFECTIVE DATE”).
has the meaning set out in the introductory paragraph of this Agreement.
Confidential and Proprietary Information
shall have the meaning described in section 10 of this Agreement
means any images, photographs, electronic files or other information submitted by the Customer to YouVR in connection with the Services.
means any image, video, photograph, virtual tour, presentation or any other materials prepared or created for Customer by YouVR through the use of the YouVR Platform in connection with the Services.
means any informational materials, tutorials and guidelines, user manuals, and/or reference or training instructions provided by YouVR to the Customer to facilitate Customer use of the Services.
means the date set out in the “Agreement Details” section of the chart at the beginning of this Agreement.
means, collectively, the Platform and the Services.
means personally identifiable information such as a name, address, email address, credit card information, date of birth and gender.
means, collectively, the Website and all systems of YouVR, including YouVR's proprietary software, YouVR's YouVR's third-party suppliers that are used in the provision of the Services.
means the process through which YouVR utilizes the Platform to convert image files and other Customer Data provided by the Customers into the Deliverables, and the hosting service provided by YouVR which enables access to the Deliverables over the Internet.
means a periodic fee payable at the start of each Term in connection with Customer’s ongoing access to and use of the Services.
means, collectively, the YouVR website located at www.youvr.io, any subdomains thereof, and other domain which hosts content related to the Offering.
means the term of this Agreement consisting of the Initial Term and includes any subsequent renewals and extensions provided for in this Agreement.
has the meaning ascribed to that term in subsection 6(a) of this Agreement.
(a) Provision of the Services. Conditional on Customer: (i) using commercially reasonable efforts to cooperate with the reasonable requests of YouVR; (ii) complying with the technical requirements and YouVR formatting guidelines for creating image files and uploading image files, as may be provided in the Documentation and (iii) providing YouVR with access to Customer Data and any required third party data (and obtaining all required third party consents in respect of such access). YouVR will use commercially reasonable efforts to provide the Services to Customer on the terms and conditions set out in this Agreement. Customer shall not use the Service for any purposes other than those described in this Agreement.
(b) Provisioning of the Platform. YouVR will use commercially reasonable efforts to: make the YouVR Platform available 24 hours a day, 7 days a week, with minimal downtime; except for: (1) planned downtime for maintenance and scheduled upgrades (which may alter the functionality of the Platform); and (2) unavailability caused by circumstances beyond YouVR's reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, Internet service provider failures or delays, or the unavailability of any third-party provided services.
(c) No Responsibility for Data Storage and Backup. YouVR does not guarantee that the Platform will provide backups of any Customer Data stored on it. It is Customer’s responsibility to backup onto Customer’s own local system all Customer Data, including all data, files and records that Customer submits to YouVR.
3. License Grants.
(a) License Grants by YouVR. Subject to the terms and conditions of this Agreement and Customer’s compliance therewith, YouVR grants to Customer: (i) a revocable, non-exclusive, non-transferable license during the Term to access and use the Platform over the Internet in connection with receiving the Services in accordance with this Agreement; and, (ii) a limited, revocable, perpetual, non-exclusive, non-transferrable, royalty-free, fully paid-up worldwide license to use, and access any Deliverables that are provided by YouVR to Customer pursuant to this Agreement, in each case solely for Customer’s business purposes. License to the Deliverables extends only to Customer right to embed link to the Deliverables in Customer website, not to download or otherwise replicate Deliverables.
(b) License Revocation by YouVR. YouVR reserves the right to revoke the license to access and use the Deliverables and the Platform for any Customer breach of any term of the Agreement, including, but not limited to:
(c) License Grant by Customer. Customer grants to YouVR a transferrable, royalty-free, fully paid, worldwide license to copy, use, reproduce, modify, develop, access, collect, store and use and otherwise exploit the Customer Data.
4. Reservation of Rights.
(a) Rights Reserved by YouVR. YouVR expressly reserves all rights in the YouVR Services, Platform, Deliverables, and all other materials provided by YouVR (“YouVR Property”) that are not specifically granted or licensed to Customer pursuant to the Terms of this Agreement. All right, title and interest in the YouVR Property including the Deliverables, as well as any update, modification, adaptation, translation, customization of Deliverables thereof and all intellectual property rights therein will remain with YouVR (or YouVR's third party suppliers, as applicable). YouVR Property is licensed on a subscription basis on the terms and conditions of this Agreement and not “sold” to Customer.
(b) Rights Reserved by Customer. Customer expressly reserves all rights in Customer Data uploaded or transmitted to the Platform, subject to the license that Customer grants YouVR in accordance with the provisions of this Agreement, and provided that Customer does not acquire any intellectual property rights in the Services, the Platform or any elements of any of the foregoing.
(b) Internet Security Disclaimer. As between YouVR and Customer, Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. Customer understands that the technical processing and transmission of Customer Data is fundamentally necessary to use of the Services. Therefore, Customer expressly consents to YouVR's storage of Customer Data, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by YouVR. Customer acknowledges and understands that Customer Data may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, telephone or other electronic means. YouVR is not responsible for any Customer Data which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by YouVR, including, the Internet, third party websites, and your local network. Customer agrees that YouVR is not in any way responsible for any interference with Customer’s use of or access to the Services or security breaches arising from or attributable to the Internet and Customer waives any and all claims against YouVR in connection therewith.
(c) Limitation, Suspension or Termination of Access. In addition to any other suspension or termination rights of YouVR pursuant to this Agreement, certain extraordinary circumstances may require YouVR may suspend, terminate or limit Customer’s access to or use of the Platform or the Services, or any component thereof, without notice in order to: (a) prevent damage to, or degradation of the integrity of, YouVR's systems or YouVR Property; (b) comply with any law, regulation, court order, or other governmental request or order; or (c) otherwise protect YouVR from potential legal liability or harm to its reputation or business. YouVR will use commercially reasonable efforts to notify Customer of the reasons for such limitation, suspension or termination action as soon as reasonably practicable. In the event of a limitation or suspension, YouVR will promptly restore Customer’s access to the Offering as soon as the event giving rise to the limitation or suspension has been resolved, as determined in YouVR's sole discretion. Nothing contained in this Agreement will be construed so as to limit YouVR's rights in any way with respect to any of the foregoing activities. YouVR will not be responsible for any loss or damages incurred by Customer as a result of any limitation, termination or suspension of access to or use of the YouVR Platform or the Services under this Section.
6. Customer Responsibilities and Restrictions.
(a) Customer ID. Customer is liable for all activity occurring on Customer account, either by Customer or Customer’s employees, agents, representatives, contractors and subcontractors, including any and all Processing Fees (defined in Section 9(b), below) and/or other expenses that are incurred through use of the Platform and Services. Upon Customer’s request, but subject to any limitations associated with Customer’s enterprise subscription account, YouVR will issue user identification and password (“User ID”) to Customer for each individual Customer wishes to have access to and use of the Offering (each, a “User”). Customer may only identify its employees and contractors who, in each case, are bound by confidentiality restrictions at least as restrictive as this Agreement, as Users. Users may only access and use the Platform and the Services through their particular User ID. Customer will not allow Users to share their User ID with any other person. Customer is responsible for maintaining the confidentiality of User ID and will promptly notify YouVR of any actual or suspected unauthorized use of the Offering. YouVR reserves the right to replace any User ID if it determines it may have been used for an unauthorized purpose. User IDs can be revoked upon five (5) days’ written notice to YouVR by contacting YouVR at email@example.com.
(b) Customer Responsibilities and Restrictions. Customer agrees that Customer is responsible for all activity occurring under the User IDs and for the compliance by the Users with this Agreement. Without limiting the generality of the foregoing, Customer agrees that Customer will not, and will not permit any person to:
YouVR reserves the right to terminate, limit, or suspend Customer access to the Offering, including access to all Deliverables hosted on the YouVR and YouVR services, for any Customer or User breach of these restrictions or any other violation of any other term of this Agreement.
(c) Customer Responsibility for Customer Data. Customer has sole responsibility for obtaining all third party consents and making all third party disclosures in accordance with applicable laws regarding Customer Data. YouVR will use the Customer Data it is provided by Customer or third parties in performing the Services “as is”, and is not responsible for reviewing, validating or otherwise confirming the accuracy, appropriateness or completeness of Customer Data.
This Agreement will commence on the date it is entered into by Customer (“Effective Date”) and continue for an initial term (“Initial Term”) of either one (1) calendar month or twelve (12) calendar months and, on expiry of the Initial Term, will continue to automatically renew for further periods equal to the period of the Initial Term unless or until terminated by either Party in accordance with the Termination procedures in section 14 below.
YouVR at its sole discretion will provide to Customer, Documentation sufficient to instruct Customers on the technical requirements for acquiring and transmitting Customer Data, including images files, in connection with the Service. Documentation and technical requirements for the Offering may change from time to time at YouVR's sole discretion, and YouVR will make commercially reasonable efforts to inform all Customers active at the time of the change. It is Customer’s sole responsibility to ensure it has the ability to provide Customer Data, including image files, in accordance to the newest technical requirements.
9. Fees and Payment.
(a) Subscription Fee. Subscription Fees due and payable in full by Customer at the start of the Initial Term in advance of receipt of the Services, and automatically charged to Customer credit card on either a monthly or yearly basis for each subsequent renewal Term until Subscription is terminated in accordance with the terms of this Agreement. Subscription Fees are determined in YouVR's sole discretion and are subject to change at any time and for any reason. In the event of a change to Subscription Fees, YouVR will provide you with written notice of such changes. Should your Subscription Fee change partway through any Term of this Agreement, the new Subscription Fee will take effect starting at the next Term.
(b) Payment Method. All payments must be made in advance by credit card on the Website. Unless by prior written approval from YouVR, YouVR does not accept cash, cheque, money order, or any other method of payment other than credit card.
(c) Late Payment Penalties. If Customer fails to make any payment in full when it becomes due, YouVR retains the right to suspend, limit or terminate Customer access to the Deliverables until any and all overdue amounts are paid.
(d) Certain Taxes. Fees and charges quoted in this Agreement do not include, and Customer shall pay, indemnify and hold YouVR harmless, from all sales, use, gross receipts, value-added, GST/HST, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, other than taxes based on the net income or profits of YouVR.
10. Confidential & Proprietary Information.
Definitions. For purposes of this section, a Party receiving Confidential & Proprietary Information (as defined below) will be the “Recipient” and the Party disclosing such information will be the “Discloser”, and “Confidential & Proprietary Information” includes all information disclosed by Discloser to Recipient during the Term of this Agreement and marked as “confidential” or “proprietary” or which a reasonable person would understand to be confidential or proprietary; provided that all parts of the YouVR Platform and the Services (other than any Customer Data), whether marked as “confidential” or “proprietary” or not, will be considered to be YouVR Confidential & Proprietary Information; and further provided that Discloser’s Confidential & Proprietary Information does not include: (i) information already known or independently developed by Recipient outside the scope of this relationship by personnel not having access to any Discloser’s Confidential & Proprietary Information; (ii) information that is publicly available through no wrongful act of Recipient, or (iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.
11. Customer Warranty; Disclaimer; Indemnity.
(a) Customer Warranty. Customer represents and warrants to, and covenants with YouVR that the Customer Data will contain no personally identifiable information or information that is subject to privacy laws (“Personal Information”), except for Personal Information: (i) in respect of which Customer has provided all disclosures and obtained all consents from all applicable individuals in accordance with applicable laws; and (ii) that complies with Customer’s representations, warranties and obligations set out in this Agreement.
(b) Warranty Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE OFFERING AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY YouVR TO CUSTOMER ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. YouVR HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. YouVR DOES NOT WARRANT THAT THE OFFERING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, YouVR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OR CONDITION THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.
(c) Indemnity. Customer agrees to indemnify and hold harmless YouVR, its employees, officers, directors and affiliates against any and all liability (including damages, recoveries, deficiencies, interest, penalties and reasonable attorney’s fees) to third parties relating to: (i) Customer Data, (ii) Customer’s breach of any of Customer’s obligations, representations or warranties under this Agreement; or (iii) Customer’s use of the Offering, including in combination with any third party software, application or service.
12. Limitation of Liabilities.
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
Notices sent to either Party shall be effective when delivered in person, by mail or email (as applicable): one (1) day after being sent by overnight courier, two (2) days after being sent by first class mail postage prepaid to the official contact designated below, and (3) immediately after being received by the other party’s email server. Notices must be in writing and delivered to the respective email or postal address provided by Customer to YouVR, and in the case of YouVR, by email only at firstname.lastname@example.org. Customer may change its contact information by giving notice of such change to YouVR.
15. General Provisions.
Last Updated: November 2nd, 2018
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.
"Personal Information" is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service purchases; user support; and surveys.
"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Use of Information: We collect information for the following purposes:
From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
In certain areas, such as when you provide credit card or other payment information to us, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Services to third parties.
Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: email@example.com.
Last Updated: April 6, 2017