Please read the following Terms
of Use and Disclaimer (the "Terms")
carefully before using our website, located at www.homepix.tv
(the "Site"). By using this Site, you agree to these
Terms. If you do not agree to these Terms, please do not use
the Site. We reserve the right, at any time, to modify, alter,
or update these Terms, and you agree to be bound by such modifications,
alterations, or updates.
Copyright; Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive
elements and the selection and arrangement thereof on the Site are
copyright © 2006-2010 www.homepix.tv Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print hard copies
of portions of the Site for the sole purpose of placing an order on
the Site or using the Site as a shopping resource.
The materials used and displayed
on the Site, including but not limited to all text, software,
photographs, graphics, illustrations, artwork, video, music,
sound, names, logos and trademarks are, unless otherwise
indicated, the property of HOMEpix.tv Inc,
its advertisers or licensors and are protected by
copyright, trademark, and other laws.
Any use of the Site and/or the Proprietary
Materials, except as expressly set forth herein, including
reproduction for purposes other than those noted above, modification,
distribution, dissemination, retransmission, broadcasting
or republication, without prior written permission of homepix.tv
is strictly prohibited.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, HOMEPIX.TV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF
THE UNIFORM COMMERCIAL CODE. IN ADDITION, HOMEPIX.TV DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION ON LIABILITY
IN NO EVENT SHALL HOMEPIX.TV, INC. NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES,
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT
ARE NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER HOMEPIX.TV
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. Total liability hereunder for damages, regardless
of the nature of any claim or form of any action, shall not exceed
the total amount that has been paid to HOMEpix.tv; by such claimant.
FEES AND CHARGES
HOMEpix.tv fees and charges may change from time to time. We may introduce
new products and services at special introductory pricing. At our discretion,
we may change pricing or the subscription renewal payment policies or terms. Where required by law, we will send notification of
any modifications or changes to your email address on file with us.
Acceptance of an Order
The receipt of an e-mail order confirmation does not constitute the acceptance
of an order or a confirmation of an offer to sell. HOMEpix.tv reserves
the right, without prior notification, to modify the limit the order quantity
on any item and/or refuse service to any customer. Verification of
information may be required prior to acceptance of an order.
Delivery Policy
Your order will be processed within seconds of placement. You will be
contacted if there are delays in processing your order.
ILLEGAL 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. Any termination of any and all subscriptions for Illegal Activity
as defined herein is not eligible for any pro-rata refunds of unexpired or
unused subscription time. 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
HOMEpix.tv's network operating center infrastructure
4. Access or attempt to access information not intended for you
5. Transmit pirated software
MISUSE OF HOMEpix.tv virtual tours
You are not permitted to upload personal videos or photos that are not
related to a legitimate Real Estate listing. All personal videos or slides shows will be removed
immediately from your HOMEpix.tv account without warning.
Subscription Account Usage Rules
Realtors who purchase a HOMEpix.tv virtual tour account for either six months
or one year agree that the account is to be used solely by one Realtor for
valid property listings. Realtor will not give away or share their HOMEpix.tv access
code with any other agent. Realtor agrees to enter property listings
that are valid and exist in a MLS system. If any of these rules
are violated, HOMEpix.tv reserves the right to terminate User's account
without notice.
Video Tour Upload Usage Rules
Uploaded videos must not exceed 3 minutes in playing time length. HOMEpix.tv
reserves the right to immediately remove any video that violates this policy.
Furthermore if a User continues to violate this policy, HOMEpix.tv reserves
the right to disable the offenders HOMEpix.tv account and access code permanently.
COPYRIGHTED MUSIC, VIDEOS OR PHOTO IMAGES
HOMEpix.tv does not allow copyrighted materials in its virtual tours unless you have a license to use
them.
Refund Policy
At HOMEpix.tv we strive to maintain the highest
quality of standards. To receive a refund, you
must call a HOMEpix.tv Customer Care Representative
at 1-678-528-1740 within 30 days upon ordering any HOMEpix.tv
Customer Login Access Code.
Linked Websites
HOMEpix.tv and its advertisers do not review or monitor any websites linked to
the Site and are not responsible for the content of any such linked
websites. Your use of such websites is at your own risk.
Governing Law
The Terms and any disputes arising out of or related to use of the Site
including, without limitation, the information, services, products
and materials contained therein, shall be governed by, and construed
and enforced in accordance with, the laws of the State of Delaware,
giving no effect to its conflicts of law principles.
Venue
You hereby submit to the exclusive jurisdiction of the federal and state
courts of Delaware with respect to any dispute or controversy regarding
these Terms or arising out of or related to use of the Site and you
hereby submit to the personal jurisdiction in any such action. |