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Roomvu Terms of Service


1 General

These Terms of Use ("Terms") govern your access or use, from within Canada and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Sections 3 and 4) made available in Canada and its territories and possessions by Roomview Technologies Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "roomvu"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND roomvu. In these Terms, the words "including" and "include" mean "including, but not limited to." The information contained in this website is for general information purposes only. The information is provided by roomvu and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

2 Changes

The Service is owned and operated by Roomview Technologies Inc. (“roomvu,” “we,” “our” and “us”). roomvu reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.

3 Ownership

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images, videos and virtual tour videos and related content available for viewing on roomvu.com. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. roomvu and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. roomvu and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms. Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis: Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of roomvu (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without roomvu’s prior written authorization, unless roomvu makes available the means for such distribution through functionality offered through normal use by the Service. You also agree not to access the Service through any technology or means other than through the pages of the roomvu website or other explicitly authorized means roomvu may designate. If you use roomvu’s channels, videos and/or 360 virtual tours on your website, you may not modify, build upon, hide, or block any portion or functionality of the roomvu website/mobile app, including but not limited to links back to the roomvu website. Any use of the 360 virtual tours, or videos, or related content on your website will be subject to these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein. Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of roomvu and its licensors. Written permission for any such unauthorized use or modification must be obtained from roomvu in advance; such requests should be submitted via an email to info@roomvu.com. roomvu reserves the right to discontinue any aspect of the Service at any time.

4 Access and Use of Services

The Services comprise of web and mobile applications and related services (each, an "Application"), which enable users to arrange and schedule Virtual tours and photography, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with roomvu or certain of roomvu’s affiliates ("Third Party Providers"). In certain instances, the Services may also include an option to receive Virtual tour and photography services, logistics and/or related services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by roomvu in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN VIRTUAL TOUR AND PHOTOGRAPHY SERVICES, LOGISTICS AND/OR RELATED SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH roomvu AS A PROVIDER OF VIRTUAL TOUR AND PHOTOGRAPHY SERVICES, LOGISTICS AND/OR RELATED SERVICES. User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to roomvu certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by roomvu. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by roomvu in writing, you may only possess one Account.

5 Trademarks

All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “RoomView Technologies Inc.” and/or “roomvu,” are proprietary to roomvu or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

6 Links to Other Websites

Through this website you are able to link to other websites which are not under the control of roomvu. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

7 Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. roomvu does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

8 Limitations of Liability

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Every effort is made to keep the website up and running smoothly. However, roomvu takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. roomvu shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of roomvu, even if roomvu has been advised of the possibility of such damages. roomvu shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if roomvu has been advised of the possibility of such damages. roomvu shall not be liable for delay or failure in performance resulting from causes beyond roomvu's reasonable control. You acknowledge that third party providers providing photography/virtual tour services requested through some request products may offer virtual tour videos or photography services and may not be professionally licensed or permitted. The services may be used by you to request and schedule transportation, goods, or logistics services with third party providers, but you agree that roomvu has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, roomvu’s liability shall be limited to the extent permitted by law. This provision shall have no effect on roomvu’s choice of law provision set forth below.

9 Indemnity

You agree to indemnify and hold roomvu and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) roomvu's use of your User Content; (iv) any allegation that any material you submitted to roomvu violates any law or infringes any third party right, including any intellectual property or privacy right or (v) your violation of the rights of any third party, including Third Party Providers. You shall not settle any Claim unless such settlement completely and forever releases roomvu from all liability with respect to such Claim or unless roomvu consents to such settlement in writing.

10 Privacy

Personal information about you provided through the Service is governed by roomvu’s privacy policy, accessible through the footer of the Service. As further provided in our privacy policy, roomvu and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—to facilitate the provision of the Service to you. Through your use of the Service, you consent to the collection and use (as set forth in the privacy policy) of information we and our service providers collect from you, including the transfer of this information within and between Canada and/or other countries for storage, processing, and use by roomvu, its affiliates and service providers, and third parties with which it has strategic relationships. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.

11 Site Security

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. roomvu will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

12 Policy Regarding Third-Party Copyrights

roomvu respects the intellectual property of others, and we ask our users to do the same. roomvu will promptly remove materials from the Service in accordance with the Copyright Laws of Canada (“Copyright Act”), if properly notified that the materials infringe a third party’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide roomvu’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to roomvu’s information office by email at info@roomvu.com or by mail to: roomvu, Inc., #233-970 Burrard Street, Vancouver, BC V6Z 2R4, Attn: Copyright Agent. roomvu may disclose any communications concerning the Copyright Act notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you believe that your material is not infringing or has otherwise been removed by mistake, please provide roomvu with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Service where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification; (iv) a statement that you consent to the jurisdiction of the provincial court of British Columbia and federal court of Canada and that you will accept service of process from the person who filed the original Copyright Act notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original Copyright Act notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original Copyright Act takedown notice upon request. Please note that if you fail to comply promptly with the foregoing requirements or any request from roomvu for additional information, your Copyright Act notice or counter-notification may not be processed further. I acknowledge receipt of, and have read and understand the brochure published by the Real Estate Council of British Columbia entitled “ disclosure of representation in trading services” and The British Columbia Real Estate Association

CREA Terms of Use

This website is operated by Roomview Technologies Inc., a Technology Provider who is a member of The Canadian Real Estate Association (CREA). The content on this website is owned or controlled by CREA. By accessing this website, the user agrees to be bound by these terms of use as amended from time to time and agrees that these terms of use constitute a binding contract between the user, Roomview Technologies Inc., and CREA.

CREA Copyright

The listing content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.

CREA Trademarks

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s ByLaws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the professional real estate services provided by members of CREA.

CREA Liability and Warranty Disclaimer

The information contained on this website is based in whole or in part on information that is provided by members of CREA, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, and assumes no responsibility for its completeness or accuracy.

CREA Amendments

Roomview Technologies Inc. may at any time amend these Terms of Use by updating this posting. All users of this site are bound by these amendments should they wish to continue accessing the website, and should therefore periodically visit this page to review any and all such amendments.

13 Other

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any principles of conflicts of law. Any claims or litigation arising under these Terms will be brought by solely in provincial and federal courts located in Vancouver, British Columbia, and the parties specifically consent to Vancouver, British Columbia, as the exclusive venue for any such proceeding. In any such action, you and roomvu irrevocably waive any right to trial by jury. If any of provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and guidelines incorporated herein by reference constitute the entire agreement between the parties relating to the subject matter herein. You shall not assign these Terms without the prior written consent of roomvu, which consent roomvu shall not withhold unreasonably. Any attempt by you to assign other than in accordance with this provision shall be null and void. Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (i) if to roomvu, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to roomvu Inc., #233-970 Burrard Street, Vancouver, BC V6Z 2R4, Attn: Legal Notices; or (ii) if to you, by email or by posting on the Service. No amendment of any provision of these Terms shall be effective unless made in accordance with Section 1 of these Terms or set forth in a writing signed by a representative of roomvu and you, and then only to the extent specifically set forth therein. No waiver by roomvu of any condition or the breach of any provision of these Terms in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision.

14 Questions

If you have any questions regarding these Terms, please submit your questions via an email to info@roomvu.com. We will endeavor to respond to you promptly.