ThisCVR (hereinafter “ThisCVR,” “we”, “our” or “us“) owns and operates legally via www.ThisCVR.com along with a few other platforms over which we deliver our services and products. Our platforms provide virtual tours and various other forms of media solutions. The products and services offered by ThisCVR include the hosting platforms and any other features, content, functionality or potential applications offered from time to time by ThisCVR in connection with our platforms (together known as the “ThisCVR Experience”). These experiences are hosted in the United States of America.

Our Terms of Use Agreement (the “Agreement“) outlines the legally binding terms for your use of our services and products. Therefore, by mere usage alone, all users are bound by this Agreement. You are only authorized to use our services (irrespective of whether your access or use is intentional) if you agree to accept and abide by all applicable laws and regulations and the terms of this Agreement. It is mandatory that you read this Agreement carefully. If you cannot or do not intend to accept and abide by the terms of this Agreement you must exit all ThisCVR Platforms and discontinue use of our products and services immediately. This Agreement includes (i) ThisCVR’s policy for acceptable use of and content surrounding the ThisCVR Experience, (ii) your rights, obligations and limitations regarding your use of our services and (iii) ThisCVR’s Privacy Policy. Supplementary terms and conditions (“Additional Terms and Conditions“) may apply to your use of or involvement with our offerings. Unless otherwise provided by the Additional Terms and Conditions applicable to the ThisCVR Services in which you choose to participate, those Additional Terms and Conditions are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at info@thiscvr.com.

ThisCVR reserves the right to revise this Agreement from time to time and such modification shall be effective upon posting by authorized members of our team on our platform. You agree to be bound to all modifications to this Agreement when you use our platforms, services and products after any such modifications are made public. We ask that this Agreement is therefore revisited frequently.

Your use of the ThisCVR Experience is subject to the following unambiguous terms

1. Eligibility
Use of and registration for our services and products is void where prohibited. By using our products and services, you represent and warrant that:
(a) you are 13 years of age or older; and
(b) your use of our works does and will not violate any applicable law or regulations.

2. Term
This entire Agreement shall remain in full effect while you use our products and services.

3. Fees
You acknowledge that ThisCVR reserves the right to charge fees and subscriptions for the use of our products and services and such fees are subject to change or revision at the sole discretion of ThisCVR. We reserve the right to terminate your use of our works in the event this Agreement is breached in any form or fashion and you shall not be entitled to any refund of any unused portion of such fees.

4. Non-commercial Use by Users
Our entire experience (platforms, products and services) are for the exclusive use of users only and cannot be employed in association with any commercial endeavors except those that are endorsed or approved by us. Unlawful and/or unapproved use of our services, including without limitation collecting usernames and/or email addresses of users by electronic or other means with the intent of unsolicited communication and unauthorized framing of or linking to the ThisCVR Platforms, is fully prohibited. We reserve the right to and will fully pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of our products and services.

5. Proprietary Rights in Content on ThisCVR
All content available via from us (including without protection the identity of customers, sponsors and affiliates of ThisCVR) (collectively, “ThisCVR Content“) is protected by copyright, trademark, patent, trade secret and other laws, and ThisCVR owns or has the right to use and retains all rights in the ThisCVR Content and our products and services. Except as otherwise set forth herein or elsewhere within the ThisCVR Services, ThisCVR hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the ThisCVR Content solely for your personal use in connection with using our services. Our offerings contain content of other persons and entities including customers, sponsors, affiliates, and other ThisCVR licensors. You are therefore prohibited from modifying, broadcasting, copying, distributing, selling, transmitting, publishing or performing anything under the ownership of ThisCVR. Please see the additional terms and conditions outlined further.

6. Prohibited Activity
The below outlined items outline some of the prohibited and/or illegal activities under the terms of your use of any of our products or services. We reserve the right to probe and employ appropriate legal action against anyone and any entity who violates this provision, including without limitation communicating such violation to law enforcement authorities. Prohibited activity in association with ThisCVR is comprised of but not limited to

(a) All versions of computerized use of our products, such as using scripts to send comments or messages; disrupting, interfering with or creating an problems or issues with our products, services or the networks or services associated with us;

(b) usage of our products and services in a fashion inconsistent with any and all applicable laws and regulations.

(c) advertising or soliciting of, any user to buy or sell any product or service via ThisCVR other than someone preauthorized to do such by us. Broadcasting of any chain letters or junk email to other users is forbidden. It remains a violation of this Agreement to use any information obtained from our offerings to communicate, sell, market, advertise or solicit in any other fashion to any user without their prior explicit consent;

(d) the use of ThisCVR’s information to abuse, harm or harass any individual

(e) felonious or tortious actions, pornography, including child pornography, deception, trafficking in obscene material, illegal narcotics and drug dealing, gambling, harassment, stalking, spamming, spimming, transferring viruses or other harmful files, copyright violation, patent infringement, or theft of trade secrets

7. Copyright Policy
Reproduction, distribution, copying and any other reuse copyrighted trademarks, confidential information, trademarks or proprietary information belonging to others is prohibited without attaining the prior written consent of the owners. Any disobediences to the above will result in full termination of access to our products and services once identified. Without restricting the abovementioned, if you believe that your work has been used by us in a way that constitutes copyright infringement, please provide our team with the following

(i) signature (electronic or physical) of the authorized persons to act on behalf of the owner of the copyright material in question

(ii) all pertinent details surrounding the copyrighted work in question of infringement

(iii) details of where ThisCVR would have performed such infringement

(iv) telephone, address and email information for our team to contact owners

(v) written confirmation by the accuser, bound by punishment of perjury, that al information provided is fully accurate and that you are the copyright owner or authorized to act on such person’s behalf.

(vi)The use of our services and products is also governed by the following Privacy Policy, which is incorporated into this Agreement by this reference.

9. Disclaimers
ThisCVR is in no way liable for any inaccurate content displayed on our platforms. This includes damages caused by customers or by any hardware, software or operational functionality associated with or operated by us. Our offerings may comprise of links to other websites. ThisCVR is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Our use of any related website in our products or services does not entail endorsement in any or every form of said website. Your access of these 3rd Party or external websites is at your own risk. This includes their goods or services provided, patrons, sponsors, promoters, strategic partners or affiliates. We are also not responsible for the conduct of users of our products, whether online or offline. No responsibility is deemed applicable to ThisCVR for any removal, defects, alterations, suspension in operation or transmission, mistakes, omission, disturbance, communications line failure, thievery, damage or unauthorized access to any information on our platforms. ThisCVR is not liable for any complications or technical breakdowns of any servers or service providers, hardware, online systems, software and communications networks or lines due to technical problems or traffic congestion on the Internet or on any of our platforms or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the ThisCVR products and services. In no uncertain terms or under any circumstances will ThisCVR be liable for damages and loss, including personal injury or death, resulting from the use of our products or services, attendance or involvement in a ThisCVR promotional event, or from any material or content displayed on or through our products and services, or from the conduct of any users of our products and services, whether online or offline. Our products and services are offered “AS-IS” and as available and ThisCVR unambiguously renounces any warranty of fitness for a particular purpose or non-infringement. ThisCVR will not guarantee and cannot assure any specific results from use of our offerings.

10. Limitation on Liability
IN ABSOLUTELY NO WAY SHAPE OR FORM WILL THISCVR BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE THISCVR PRODUCTS AND SERVICES, EVEN IF THISCVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THISCVR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THISCVR FOR THE THISCVR SERVICES DURING THE TERM OF YOUR USE OF THE THISCVR PRODUCTS AND SERVICES.

11. Disputes
You agree that all disputes shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Florida. Either ThisCVR or you may demand that any dispute between ThisCVR and you about or involving our products or services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Miami, Florida, USA, provided that the foregoing shall not prevent ThisCVR from seeking injunctive relief in a court of competent jurisdiction.

12. Indemnity
You agree to indemnify and hold ThisCVR, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, 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 the ThisCVR Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other
By using the our platforms or any of the services and products you agree that you have accepted this Agreement and as such, establish full understanding of the entire agreement between you and ThisCVR observing the rules outlined for usage. Failure of ThisCVR to implement or administer any right or provision of this Agreement does not in any way act as a waiver of such right or provision. This Agreement functions within and to the fullest extent permissible by law. Any provision of this Agreement that may be found unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the legitimacy, validity and enforceability of any remaining provisions.

Additional Terms and Conditions Concerning to 3-D & Virtual Reality Content Our services may from time to time include access to hardware, software and content that when used correctly and in accordance with the instructions of their respective manufacturers or developers enable users to experience 3-D content or virtual reality or both. Your use of Virtual Reality (VR Reality from hereon in) Services can subject you to health and safety hazards as explained within the particular software, hardware and content providers. By using the VR Services you represent and warrant that you have read and understood all applicable health and safety warnings and instructions prior to using the VR Services. The respective manufacturers and developers may update or revise these warnings and instructions and it is your responsibility to review them periodically. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VR SERVICES IS AT YOUR SOLE RISK AND THISCVR SHALL BEAR NO LIABILITY FOR ANY INJURY YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VR SERVICES. IF YOU BELIEVE THAT YOU MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VR SERVICES, WHETHER DIRECTLY OR INDIRECTLY, YOU SHOULD NOT USE THE VR SERVICES. The following is a partial list of websites containing health and safety warnings relating to hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are presented solely for your convenience. ThisCVR makes no representations or warranties relating to the sufficiency or completeness of the health and safety warnings or any other content contained in the sites listed below nor to the applicability of such warnings to any individual user of the VR Services. https://www.oculus.com/warnings/ http://www.samsung.com/us/support/owners/product/SM-R320NPWSXAR ThisCVR reserves the right, in its sole discretion and where technically feasible, to disable access to the VR Services if and to the extent that ThisCVR believes in its sole discretion that use of the VR Services or any of them violates ThisCVR’s community standards, agreements, laws, regulations or policies. By using the VR Services you agree that ThisCVR will incur no liability or responsibility by removing, disabling or deleting such VR Services on this basis, or if ThisCVR does not remove, disable or delete access to such VR Services. AS BETWEEN YOU AND THISCVR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THISCVR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THISCVR DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE VR SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE VR SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES AND CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THISCVR WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. Additional Terms and Conditions Relating to Uploading of User Content to ThisCVR Services The ThisCVR Services may include interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including but not limited to text, images, photos, videos, sounds, software and other information and materials (such content, “User Content”). By submitting User Content through the ThisCVR Services you grant ThisCVR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free and fully sublicensable right and license to use, copy, display, store, adapt, perform and distribute such User Content in connection with the ThisCVR Services, including without limitation the right to post and display User Content on the ThisCVR Services, whether for commercial purposes or otherwise, without obtaining any permission or license from any third party. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content. This license will exist for the period during which the User Content is posted on the ThisCVR Services or any of them and will automatically terminate upon the removal of the User Content from all of the ThisCVR Services. Subject to the terms of the foregoing license, you retain full ownership or other rights in your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

In consideration of ThisCVR’s agreement to allow the use of User Content to the ThisCVR Services and ThisCVR’s agreement to circulate such User Content and for other precious consideration, the receipt and sufficiency of which are hereby expressly and irrevocably recognized, you agree with ThisCVR as follows

(1) Users are solely responsible for the content made available through our many services and products. You express full consent and represent and warrant that you are the solitary and exclusive rights holder of all content you provide to us or at least have acquired all permissions, rights, licenses, approval and any other necessary authorization to grant ThisCVR the rights specified in this section. In addition, you agree that your agreed consent and our subsequent usage of your content provided will not publicly or privately breach, contravene, violate or misappropriate any third/external party’s intellectual rights, copyrights, moral obligations, patents or any other proprietary or intellectual property rights, defamation in any form or result in any encroachment of any applicables laws and regulations or community values.

(2) ThisCVR relinquishes any responsibility to validate, amend or monitor User Content made available via any of our platforms. Nonetheless, we do reserve the right and by way of our full and absolute discretion to delete, alter, screen or make any changes we so desire to any User Content. This discernment requires will require no reason and will be performed at any time with absolutely no liability (in any shape or form).

(3) ThisCVR shall be in no way liable for any damages or loss incurred by end users as a result of unlawful copying of our content or unauthorized usage. We make no representation or warranty against the possibility of the abovementioned. This is indisputably understood from hereon in.

(4) You acknowledge and agree in full that the use of our services or products in a commercialized manner or capacity can supercede this portion of the Terms & Conditions.

(5) User Content is from hereforth granted in full and complete rights to ThisCVR and ThisCVR requires no further permission, payment or any other action to employ said rights.

(6) You shall not have any right to terminate the agreements established herein, nor to pursue, acquire, or enforce any injunctive or other equitable relief against ThisCVR, all of which such rights are hereby explicitly and irrevocably surrendered by you in favor of ThisCVR.