oVRview.com® Terms of Use

Effective Date: 11/30/15 

Thank you for visiting this website, which is owned and operated by oVRview.com®, Inc. These terms of use govern your use of this site.

Your Acceptance of These Terms of Use

These terms of use apply to all users of this site, whether or not you have subscribed or are a registered member. By requesting pages from this site or using it in any way, you are agreeing to comply with and be bound by the following terms and conditions   If you do not agree to these terms of use, you may not access or use this site.

Your Acceptance of Our Privacy Policy

By using this site you are agreeing to these terms of use and you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this site, please carefully review our Privacy Policy. All personal information provided to oVRview.com, LLC as a result of your use of this site will be handled in accordance with our Privacy Policy, however, to the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Your Consent to Other Agreements

When you sign up to use a specific feature of this site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these terms of use, the terms of the click-through agreement will supplement or amend these terms of use, but only with respect to the matters governed by the “click-through agreement.”

PROPERTY OWNER PROVISIONS

You understand and agree that oVRview.com is a tool to help you keep aware of the apparent, general condition of your vacation rental property and its furnishings, and that ovRview.com is not, or does not substitute for, a professional housing inspection by a certified or credentialed housing inspector.

You understand and agree that it is your responsibility to assure that your VR property and its furnishings are maintained in accordance with prevailing or customary standards.

You understand and agree that any person or entity that agrees to review your property using the oVRvew.com system shall be held harmless and indemnified by you for and hazard that exists in your property and that any such reviewer shall not be liable for any omission or mistake in reporting.

FOR VOLUNTEER OVRVIEW REVIEWERS

Thanks for agreeing to review our VR property with oVRview.com.  We understand that you are not a professional or credentialed inspector and that the property owner is responsible for the condition of his or her property, not you.  The owner(s) has agreed with oVRview.com that they will not blame you or hold you liable for anything you fail or refused to inspect or any errors that might occur.

OWNERSHIP OF THIS SITE AND ITS CONTENT

This site, including all its content are protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries. All content and intellectual property rights therein are the property of oVRview.com or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any content on this site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this site. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to you as an individual user to the extent necessary to lawfully access and use this site and to display, download, or print portions of this site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the content; (ii) you retain any and all copyright and other proprietary notices contained in the content; and (iii) you do not copy or post the content on any network, website or computer or broadcast the content in any media.

TRADEMARKS

The oVRview.com names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this site, unless otherwise noted, are trademarks (whether registered or not), service marks or trade dress of oVRview.com and its affiliates (the “oVRview Marks”). You are not authorized to display or use the oVRview Marks in any manner without our prior written permission.  The use or misuse of the oVRview Marks or other trademarks, product names, company names, logos, service marks and trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE

You are responsible for User-Generated Content ("UGC") that you post. Under no circumstances will we be liable in any way for any UGC.  This means that you, not oVRview.com, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these terms of use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this site. The UGC posted on or through this site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of oVRview.com or any person or entity associated with oVRview.com.

You own your User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

oVRview.com and its affiliates reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.

We may disclose or remove User-Generated Content.  oVRview.com has certain rights. We have the right (but do not assume the obligation) to:

• monitor all UGC;
• require that you avoid certain subjects;
• remove or block any UGC at any time without notice at our sole and absolute discretion;
• disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of oVRview or others, or to enforce these terms of use; and
• terminate your access to and use of this site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these terms of use that you do not:

• upload, post, transmit or otherwise make available

  • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any UGC that constitutes or encourages activity illegal under criminal or civil law;
  • any UGC that is false, misleading, or fraudulent;
  • any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this site;
  • any request for or solicitation of money, goods, or services for private gain, except as permitted within the purpose of this site
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

• violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these terms of use; (ii) the UGC is accurate, and (iii) you have read and understood, and your UGC fully complies with, these terms of use, applicable laws and will not cause injury to any person or entity.

YOUR FEEDBACK

Although we do not claim ownership of User-Generated Content you post using this site, any feedback you provide to us through this site will be and remain our exclusive property. Your submission of feedback constitutes an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OVRVIEW.COM, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OVRVIEW.COM, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these terms of use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these terms of use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

WAIVER

Our failure at any time to require performance of any provision of these terms of use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by oVRview.com of any breach of any provision of these terms of use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these terms of use.

SEVERABILITY

If any provision of these terms of use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these terms of use will remain in full force and effect.

GOVERNING LAW, JURISDICTION AND VENUE

These terms of use will be governed under the laws of the Commonwealth of Kentucky without regard to its conflicts of law provisions. You agree, covenant and stipulate that venue for all actions or proceedings arising out of or relating to these terms shall be exclusively in state or federal court in Jefferson County, Kentucky. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these terms of use is taking place or originating.

INDEMNITY

You agree to indemnify and hold oVRview.com, 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 this site in violation of these terms of use or arising from a breach of these terms of use or any breach of your representations and warranties set forth above or if any material that you post using this site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

ENTIRE AGREEMENT

These terms of use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and oVRview.com with respect to this site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and oVRview.com with respect to this site and your use of this site.