Terms of Use

This website uses technology services provided by Vicaso. It is offered to you upon your acceptance without modification of all terms and conditions set forth below. Don't use the website unless you accept all of these terms and conditions. By using this website, you agree to the following User Agreement.


USER AGREEMENT

This User Agreement, and all of the applicable documents referred to in these terms and conditions (collectively, the "Agreement"), is a legal agreement between Users and Members of Vicaso Solutions, LLC ("You" and "Your" ) and Vicaso Solutions, LLC., ("Vicaso") a Washington Limited Liability Company, with offices at 1700 7th Avenue Suite 116, PMB 133, Seattle, Washington, USA governing use of the Vicaso web site whether you just browse the Site, subscribe to its Services, purchase products, or make any other use of this Site.

By selecting the "I Agree" box and/or accessing or using any part of this Site, including MyTour accounts and iFlyer websites, You agree that You have read, understand, and agree to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, You are not permitted to access or use any part of this Site or the services provided.

Vicaso reserves the right at its sole discretion to deny services and access to anyone at any time for any reason, and to make changes to this Agreement at any time by posting an amended Agreement on its Site. Any subsequent use of any part of the Site will be considered User’s acceptance of the amended Agreement. Users should review the Agreement on the Site from time to time to become familiar with any changes. All changes are binding on you as of the date they are posted on the Site.


DEFINITIONS

"Archive" means an archive of Content created and maintained through the User’s MyTours account.

"Archive Owner" is Vicaso who designs, creates, markets, or sells Content using the Service and who holds, or acts as the exclusive holder of the copyright(s) for such Content.

"Buyer" means a Vicaso MyTours account holder who has licensed Content from the Site for a non-exclusive term limited to the lifetime of a pertinent property listing.

"Content" means any content archived, designed, created, marketed or sold using the Site, including, but not limited to, animation, composites, fonts, graphics, illustrations, photographs, websites, video, or any other visual representation, including, but not limited to, all accompanying metadata and other material (such as captions, keywords, descriptions and pseudonyms).

"eCommerce" means the ability to sell and license Content via the Service.

"Gallery" means division within MyTours account per Tour number containing Content for use of marketing a property.

"Listing" means the contract between property owner and Broker that contains the beginning and the end date of the offering of a property for sale.

"Member" means any User of the Site including but not limited to a Buyer, Vicaso photographer, or any third party service provider who may support the Service and Site from time to time.

"MyTours" means the Vicaso Service for Buyers that displays Archive and Content material available for Buyer to use for the duration of the listing.

"Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Content.

"Service" means all of the hosted web-based application services that Vicaso offers, and all technology, processes and materials used to provide such services.

"Site" means Vicaso’s online service website found at the URL: http://www.vicaso.com

"User" means any person, company, organization or entity using the Site or employing the Services provided by Vicaso and its third party partners.


PRIVACY POLICY

Vicaso values your privacy. Please review our policy at http://www.vicaso.com which describes the kinds of information we collect, how we collect it, how we use it, and how we protect it.


COPYRIGHT

All Content displayed on the Site is owned by Vicaso and protected by United States copyright laws and international treaties.

If, at any time in its sole and absolute discretion, Vicaso determines that You have infringed or will infringe upon any copyright, including but not limited to copyrights owned or controlled by Vicaso, through use of the Site or the Service, Vicaso may remove and delete You without any liability to You or any third party.


OWNERSHIP

Vicaso solely and exclusively owns all intellectual property and other rights, title and interest in and to the Service and the Site. Vicaso has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Service and the Site. You do not acquire any right, title or interest in such property, under this Agreement, by use or otherwise.

You have no right to modify, extend, or prepare derivative works of the Service. Any feedback and suggestions provided by You with respect to the Service shall be owned by Vicaso. You assign all right, title, and interest You may have in such feedback and suggestions to Vicaso. You have no right to sell, transfer, license, and sub-license or otherwise distribute the Service, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.


CONDUCT AND SECURITY RULES

You acknowledge that use of the Site is a limited, terminable, nonexclusive right of access. You agree that you are responsible for your use of the Site and for any addition you make of content to the site and for content that you communicate, publish, display, post, or transmit to others. You agree to use the Site in a manner consistent with the requirements of Vicaso and respect for the rights of Vicaso, Users, Members, and third parties. You agree to comply with all terms, conditions, laws and treaties applicable to Users’ and/or Members’ use of the Site and Service. You may not use the Service or the Site to engage in, promote, facilitate, or encourage any illegal activities or any activities that may violate the rights of others, including without limitation the harassment of any third parties. You may not attempt to damage, disable, overburden, gain unauthorized access to, or otherwise interfere with the Service or the Site or any system, service, or network accessible through the Service or Site, including without limitation, deliberate attempts to overload a system. You may not gather or collect email addresses or other contact information of other Users or Members through the Site or Service for the purpose of sending unsolicited emails or other unsolicited communications or use automated scripts to collect information about the Site or Service or for any other purpose.

You agree not upload or provide for upload to the Site or Service, or otherwise display, transmit, or distribute using the Site or Service any Content that (a) infringes or misappropriates any intellectual property or other right of any third party or that You otherwise do not have sufficient right to, (b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (c) is harmful to minors in any way, or (d) 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.

Circumvention of Content use through unlocking a Gallery located in the User’s MyTours account or any other Vicaso Service (i.e. for the purposes of avoiding transaction fees) is strictly prohibited by all User/Members and will be monitored by Vicaso. All Gallery and MyTours account transactions must be finalized within MyTours accounts. Circumvention within MyTours may result in late charges billed at 5% interest per month and may be eventually sent to collections, and/or suspension of Vicaso membership.


REGISTERING AS A MEMBER

To become a Member, You agree to register with Vicaso through its online registration process at the Vicaso corporate site currently located at http://www.vicaso.com, one of its Member Sites, or any other Vicaso site in which Member registration is available. Only Members have the right to enter into additional agreements with Vicaso to provide additional services to Vicaso, including but not limited to Photography services, Sales and Marketing services, Imaging Processing services, and other services used by Vicaso from time to time.

You agree to provide Vicaso with accurate and complete contact information if You register as a Member. You agree to promptly notify Vicaso if any of this information changes.

You agree to select a password upon registration. You are responsible for all use of this password, including without limitation, any use by any unauthorized third party. You agree to notify Vicaso immediately if You believe this password is or has been obtained or used by any unauthorized person or entity. In addition, You agree to notify Vicaso immediately if You become aware of any other breach or attempted breach of the security of Vicaso.

Vicaso may require that you enter into additional agreement(s), beyond this User Agreement, if You wish to use the Site for more than just establishing a MyTours account. To use the Site for additional Services You shall register to become a Member of the Site.


USE OF CONTENT

Vicaso grants Buyers the limited, terminable, non-exclusive right to access and use Tour Gallery Content during the period of a property listing. When the listing contract ends, the Content is moved to an Archive. You may arrange to use Archive Content for purposes beyond the initial license agreement with Vicaso by purchasing an extended use license.


MYTOURS ACCOUNT USE

Vicaso has created a MyTours account User feature for the purpose of conducting eCommerce with a Buyer. Buyers shall use the MyTours account for the purpose of managing Content licensed to the Buyer for the purpose of marketing a property during the lifetime of the listing. Each property shall have Content produced by Vicaso and will be indexed in the MyTours account per Tour number within a unique Gallery. You may utilize the features of each Gallery to manage Content during the lifetime of the listing. You are responsible for payment of all completed Tours in your MyTours account. Payment is due upon completion of your Tour. Payment is considered past due if payment has not been received 14 days after the Tour has been completed.

You are responsible for having a Property Release on file for each property listing which You shall make available to Vicaso upon request.


REPRESENTATIONS, WARRANTIES, AND REQUIREMENTS

As a condition of Your use of this site You represent and warrant to Vicaso (i) that you are of legal age and capacity and have the full power and authority to enter into and perform under this Agreement to create a binding legal obligation; (ii) the execution and performance of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules; and (iii) that this Agreement is a legal, valid, and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions; (iv) all information submitted is true and accurate; (v) You agree to use this Site in accordance with this Agreement.


DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

Vicaso PROVIDES THE SITE AND THE SERVICE ON AN "AS IS" BASIS, "WITH ALL FAULTS," AND "AS AVAILABLE." Vicaso DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, OR THE USE OF EITHER (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH YOUR HARDWARE OR SOFTWARE.

THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VICASO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY , TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THORUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

Vicaso WILL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SITE OR SERVICE OR FOR DAMAGE TO, OR LOSS OR DETERIORATION OF, ANY CONTENT.

Vicaso makes no warranty regarding the quality or non-infringement of any Content. Vicaso makes no warranties other than those made expressly in this agreement.

Third-party links, services, resources, and information that Vicaso provides or makes available through the Site are not controlled by Vicaso. These services may have their own terms of use and other policies. You agree to be governed by such terms and policies as well as the terms of this Agreement. Vicaso makes no warranties regarding such third-party services, resources, and information, including without limitation, warranties regarding the quality or non-infringement of such third party services, resources, and information. You agree not to hold Vicaso liable in any way for Your use of or reliance on such third-party services, resources, or information.

You are solely responsible for your interactions with other Users of the Site and Service. Vicaso reserves the right, but has no obligation to monitor disputes between or among Users.

In no event shall the total liability of Vicaso or its providers from any cause whatsoever, arising from or related to the terms or use of the Site or Service or the express terms of this Agreement, exceed the amounts paid by You to Vicaso, if any, for the use of the Site or Service and shall not be claimed more than 12 months after the date of cause, notwithstanding any longer period that might otherwise be allowable by law. This limitation of damages and time within which to make a claim are fundamental elements of the offering of the Service by Vicaso to You. This Site and the Service would not be provided by Vicaso without such limitations.


RELEASE

You release Vicaso (and its affiliates, officers, directors, agents and employees) from any and all claims, causes of action, suits, liabilities, demands, damages, losses, costs, or expenses of any nature whatsoever, known or unknown, whether direct, consequential or otherwise, known and unknown, arising out of or in any way connected with any dispute or claim User has with the Site or Service or with any other User. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


ELECTRONIC COMMUNICATIONS; NOTICES

The information communicated on this Site constitutes an electronic communication. You agree that Vicaso may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Vicaso provides to You electronically, including without limitation by posting on the Site or by email at the address designated by You, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Vicaso. Notices and communications to Vicaso must be sent to the applicable address given in this Agreement or to Vicaso at:

Vicaso Solutions, LLC
1700 Seventh Avenue, Suite 116 #133
Seattle, Washington 98101

JURISDICTION

This Agreement will be governed by the laws of the State of Washington and You agree that any action or proceeding to enforce this Agreement shall be brought in the federal or state courts located in Washington and You expressly waive any right to proceed in any venue other than a Washington venue.


TERMINATION

In its sole and absolute discretion, with or without notice to You, Vicaso may suspend or terminate rights under this Agreement. The Site and the Service, and the benefits of each, are offered at the discretion of Vicaso. Vicaso has the right to modify or discontinue, temporarily or permanently, the Site or Service, in whole or in part for any reason, with or without notice to You. You agree that Vicaso will not be liable to You or any third party for any modifications or discontinuance of the Service.

The following provisions of this Agreement will remain in effect regardless of any termination of Your use of the Site or Service, or termination of this Agreement: Ownership; Disclaimers, Exclusions, and Limitations; Indemnification; Electronic Communications; Notices, Jurisdiction; Termination; and Miscellaneous.


GENERAL

Neither this Agreement, nor any of Your rights or obligations pursuant to this Agreement or regarding use of the Site or Service, is assignable or transferable by You without the prior written consent of Vicaso which shall be in its sole discretion. Any attempted assignment without Vicaso’s consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.

No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.

You and Vicaso are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.

If any provision of this Agreement is determined to be invalid or unenforceable, that determination shall not affect copyrights ownership of the Content the entirety of which shall remain the exclusive property of Vicaso.

This Agreement, including all of the terms, conditions, rules, and policies referred to herein, contains the entire understanding of the parties regarding its subject matter.


CONTACT US

If you have questions or concerns regarding this User Agreement, the practices of Vicaso, or your dealings with the Site, please contact us at:

http://www.vicaso.com