Terms and Policies
VirtualTourCafe, LLC Terms and Conditions
You should read this Legal information carefully before using the VirtualTourCafe Web Site. By using the Web Site, you agree to the following terms of use. If you do not agree to these terms, please do not use this Web Site. There are 3 sets of terms that include: #1 - the DISCLAIMER - describes the terms on which VirtualTourCafe, LLC.com offers access to our web site, whether or not you sign up to use the VirtualTourCafe.Com Web Hosting and E-Commerce Services. #2 - the AGREEMENT FOR USE OF VIRTUALTOURCAFE.COM WEB HOSTING AND E-COMMERCE SERVICES - is a legally binding contract between us which you must enter into in order to be eligible to use the Web Hosting and E-Commerce Services. #3 - the ACCEPTABLE USE POLICY - governs your use of our web site, whether or not you have consented to the Agreement.
DISCLAIMER
The information on this website is provided as a service by VirtualTourCafe, LLC. While every effort is made to keep this information as accurate as possible, WE DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. Those persons who access this information assume full responsibility for the use of the information and understand and agree that VirtualTourCafe, LLC. is not responsible or liable for any claim, loss or damage arising from the use of the information. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by VirtualTourCafe, LLC. The views and opinions expressed within these documents do not necessarily reflect those of VirtualTourCafe, LLC.
VirtualTourCafe, LLC. uses its best efforts to maintain this program and website, but is not responsible for the results of any defects that may be found to exist in the program, or any lost profits or other consequential damages that may result from such defects. You should not assume that it is error-free or that it will be suitable for the particular purpose that you have in mind when using it. All information provided is deemed reliable but is not guaranteed and should be independently verified. All real estate advertising placed by anyone through this service is subject to the US Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideogloy, financial status, and perhaps other basis. Please check with your local government agency for more information. This service will not knowingly accept any advertisement which is in violation of the law. Our readers are hereby informed that all dwellings, under the jurisdiction of U.S. Federal regulations advertised in this service are available on an equal opportunity basis. Except as specifically stated on this site, neither VirtualTourCafe, LLC, nor any of its owners, directors, employees, or other representatives will be liable for damages arising out of, or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. VirtualTourCafe, LLC, VirtualTourCafe.com, the VirtualTourCafe logo, and the MyCafe (MyCafeButler, MyCafeBlast, etc.,) services, are service marks or trademarks of VirtualTourCafe, LLC. All other trademarks are the property of their respective owners. All web site design, text, graphics, the selection and arrangement thereof, and all software are Copyright © 2010 by VirtualTourCafe, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of assisting users of this Web site in their real estate transactions. Any other use of the information and material on this Web site, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of VirtualTourCafe, LLC. is strictly prohibited. All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real.
AGREEMENT FOR USE OF VIRTUALTOURCAFE.COM WEB HOSTING AND E-COMMERCE SERVICES
BEFORE YOU USE OR ACCEPT THE WEB HOSTING OR E-COMMERCE SERVICES PROVIDED BY VIRTUALTOURCAFE.COM, AND IN ORDER TO CONTINUE THE USE OF THESE SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INPUTTING SUBSCRIBER INFORMATION, REGISTERING, OR ACTIVATING YOUR WEB HOSTING ACCOUNT, WITH OR WITHOUT A FEE PAID BY YOU, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INPUT SUBSCRIBER INFORMATION, REGISTER, OR ACTIVATE YOUR ACCOUNT. This agreement ("Agreement") becomes effective when you complete all of the membership information required on the Member Registration Form. This Agreement is between VirtualTourCafe, LLC. ("VirtualTourCafe.com"), a California Limited Liability Company, and the Member ("Member", "you", or "your"). This Agreement sets forth the terms and conditions under which you agree to use VirtualTourCafe, LLC and VirtualTourCafe.com's Web Hosting and eCommerce Services ("Service" or "Services").
Terms of Service
Commencing on the date on which you initiate the Services, you will have use of the Services pursuant to the terms and conditions set forth herein and in the accompanying Acceptable Use Policy. In exchange, you will pay the current charges for such Services and any and all taxes thereon, if applicable. The Services shall continue until the earlier of such time as you provide VirtualTourCafe, LLC with notice that you wish to discontinue the Services, the Services are terminated and/or canceled by VirtualTourCafe, LLC, as set forth herein, or VirtualTourCafe, LLC ceases to offer the Services to the general public. For termination of prepaid VirtualTourCafe, LLC monthly or annual accounts, notice must be received by VirtualTourCafe, LLC at least ten calendar days prior to the billing date in order to avoid charges for the subsequent period. VirtualTourCafe, LLC has the exclusive legal right to use the VirtualTourCafe, LLC and VirtualTourCafe.com and MyCafe Services trademarks and logos. Unauthorized use of any VirtualTourCafe, LLC trademark or logo is a violation of federal and state trademark laws. All other products and company names mentioned in the VirtualTourCafe, LLC site may be trademarks of their respective owners. VirtualTourCafe, LLC reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site. VirtualTourCafe, LLC reserves the right to modify or discontinue the Services, and any rates, terms, or conditions, at any time.
Modifications
VirtualTourCafe, LLC may modify this Agreement, the terms, conditions, and charges for the Services, and its Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the VirtualTourCafe, LLC Home Page, or by a message from VirtualTourCafe, LLC sent by electronic mail, or by conventional mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Fees
VirtualTourCafe, LLC will bill your credit card for all charges and services provided unless other arrangements are agreed to in writing. Recurring charges are billed in advance of service. In the event legal action is necessary to collect on balances due, you agree to reimburse VirtualTourCafe, LLC for all expenses incurred to recover sums due, including attorney fees and other legal expenses. You are responsible for purchase of, and payment of charges for, Internet access services and telecommunications services needed for use of the Services.
Personal Information
You hereby certify that you are not a minor. For purposes of identification, billing and marketing, you must provide accurate, complete, and updated information to register for use of the Services ("Member Registration Data"), including your legal name, address, telephone number(s), email address, and applicable payment data (for example, a credit card number and expiration date). Provision of Services You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that VirtualTourCafe, LLC has no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond the control of VirtualTourCafe, LLC.
Linked Internet Sites
There may be links in this web site will let the user leave VirtualTourCafe, LLC's site. The linked sites are not under the control of VirtualTourCafe, LLC, and VirtualTourCafe, LLC is not responsible for the content available on any other Internet sites linked to the web site. VirtualTourCafe, LLC is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by VirtualTourCafe, LLC of the linked site.
Disclaimer of Warranty and Limitation of Liability
VirtualTourCafe, LLC will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall VirtualTourCafe, LLC be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services. VirtualTourCafe, LLC's liability for damages in regards to extraordinary and unreasonable interruptions of service, or for mistakes, omissions, delays, errors and defects (including, but not limited to, interruption of service, deletion of files, loss of or damage to data, and damages resulting from computer viruses) in the provision of the Services, shall in no event exceed an amount equal to the prorata charges to you for the period during which the Services are affected. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT VIRTUALTOURCAFE, LLC IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM VIRTUALTOURCAFE, LLC OR ITS AFFILIATES AND VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VIRTUALTOURCAFE, LLC HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. VIRTUALTOURCAFE, LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIRTUALTOURCAFE, LLC MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIRTUALTOURCAFE, LLC, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. Through your use of the Services, you may have the opportunities to engage in commercial transactions with other Internet users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. VIRTUALTOURCAFE, LLC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
Indemnity
You agree to indemnify and hold VirtualTourCafe, LLC harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services, except to the extent that such Liabilities arise from the willful misconduct of VirtualTourCafe, LLC. You agree to indemnify VirtualTourCafe, LLC, its affiliates and subsidiaries, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, (iv) violates VirtualTourCafe, LLC's Acceptable Use Policy as it is modified from time to time, or (v) interferes with other customers' use or enjoyment of the Services provided by VirtualTourCafe, LLC. You agree to indemnify VirtualTourCafe, LLC, its affiliates and subsidiaries for any tax caused by your use of the Services, for which You are responsible hereunder, which you fail to pay.
Advertising
You shall not use VirtualTourCafe, LLC's name or any language, pictures or symbols which could, in VirtualTourCafe, LLC's judgment, imply VirtualTourCafe, LLC's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Member Responsibilities and Use Limitations
You agree to comply with VirtualTourCafe, LLC's Acceptable Use Policy as it may be modified from time to time, and to comply with the rules, regulations, and policies applicable to any network you access. Any violation of such rules, regulation and policies, or any network policy document issued by VirtualTourCafe, LLC, shall be cause for VirtualTourCafe, LLC to suspend or terminate the Services. You agree that you will not place or allow anyone using your account to place any copyrighted material on the Service without the permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service only for your personal, non-commercial use. Except as authorized to use material without express permission under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the user ID, URL, IP Address, or domain name used by you in connection with the Services. VirtualTourCafe, LLC reserves the right to suspend or terminate the Services to you, or any user ID, URL, IP Address, or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of VirtualTourCafe, LLC, its parent, affiliates and subsidiaries; (vi) violates VirtualTourCafe, LLC's Acceptable Use Policy or (vii) interferes with other customers' use and enjoyment of the Services provided by VirtualTourCafe, LLC. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may, without limiting VirtualTourCafe, LLC's other remedies, result in suspension or termination of the Services. You further agree to immediately notify VirtualTourCafe, LLC of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.
License Grant and Copyright Notice
You retain all rights in any material uploaded to the Service by you or others you authorize to use your account. You grant VirtualTourCafe, LLC and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material in connection with the VirtualTourCafe, LLC Service regardless of the medium, technology, or form in which it is used. The entire content of the Service is copyrighted by VirtualTourCafe, LLC as a collective work under the United States copyright laws. Portions of the Service are provided to VirtualTourCafe, LLC under license. The copying, reproduction, or publication of any part of the Service is prohibited, unless expressly authorized in writing by VirtualTourCafe, LLC.
Force Majeure
VirtualTourCafe, LLC shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Cancellation, Termination, and Assignment
In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes VirtualTourCafe, LLC to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, VirtualTourCafe, LLC may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: VirtualTourCafe, LLC does not refund charges for unused service. If you fail for fifteen (15) days to pay any charge when due, including, but not limited to, product charges, service charges, or taxes, or if you fail for fifteen (15) days to perform or observe any other material term or condition of this Agreement, or, immediately, if you provide false or inaccurate information which is required for the provision of the Services or is necessary to allow VirtualTourCafe, LLC to bill you for the Services, and such condition continues un-remedied for thirty days, you shall be in default and VirtualTourCafe, LLC may suspend or terminate the Services. You may not assign your account for Services to anyone without the express written consent of VirtualTourCafe, LLC. Upon reasonable notice, VirtualTourCafe, LLC may assign its rights and obligations under this Agreement.
Notices
Any notices in connection with this Agreement must be sent to each party as follows:

VirtualTourCafe, LLC
7320-G Parkwood Circle
Dublin, CA 94568

Email: info@VirtualTourCafe, LLC

To you: Either the e-mail address supplied for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.
General
This Agreement, and the provision of the Services, may be terminated at any time by either party upon written notice to the other. This Agreement shall be construed in accordance with the Laws of the State of California. The Federal and State courts of Alameda County,California shall be the sole and exclusive venue for any dispute arising hereunder. Some jurisdictions do not allow the exclusion of certain warranties, in which case such warranty exclusions may not apply to you. This Agreement and the accompanying Acceptable Use Policy, Privacy Policy, and the web site Disclaimer constitute the entire agreement between you and VirtualTourCafe, LLC with respect to the Service and supersede all other communications. The provisions of this Agreement are for the benefit of VirtualTourCafe, LLC.com and its service providers, licensors, directors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.
ACCEPTABLE USE POLICY
IMPORTANT NOTE: THIS DOCUMENT MAY BE UPDATED OFTEN. PLEASE MAKE A HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY INFORMED OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF YOUR VIRTUALTOURCAFE.COM ("VIRTUALTOURCAFE, LLC") ACCOUNT. REPORTS OF ACTIVITY IN VIOLATION OF THIS POLICY MAY BE SENT VIA E-MAIL TO COMPLIANCE@VIRTUALTOURCAFE.COM.
Introduction
VirtualTourCafe, LLC.com has established an Acceptable Use Policy in order clarify the duties and responsibilities of the Members. This document is intended to provide a general understanding of VirtualTourCafe, LLC's Acceptable Use Policy. No express of implied warranties are made by VirtualTourCafe, LLC in this document. The following factors guide the establishment and enforcement of VirtualTourCafe, LLC's usage policies:

Ensure reliable service to our customers Ensure security and privacy of our systems and network, as well as the networks and systems of others. Comply with existing laws. Maintain our reputation as a responsible service provider. Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services. Preserve the value of Internet resources as a conduit for free expression and exchange of information Preserve the privacy and security of individual users.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If your account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our real estate community, you must use your membership responsibly and adhere to all local, state and federal laws and regulations. If you have any questions regarding this policy, please contact us at policy@VirtualTourCafe, LLC
General Information
Your VirtualTourCafe, LLC account provides you with the opportunity to upload, view, organize, edit and annotate a variety of your photographs and images quickly and conveniently in one location. Your use of these services is subject to the following policy. Violations of this policy may result in termination of your account with or without notice in accordance with the Agreement for Use of VirtualTourCafe.com Services that you accepted at the time you created your account. In general, you may NOT use your VirtualTourCafe, LLC account:

In a manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party; In a manner which is defamatory, fraudulent, indecent, offensive or deceptive; To threaten, harass, abuse or intimidate others; To damage the name or reputation of VirtualTourCafe, LLC, its affiliates, employees, owners, or subsidiaries; To break security on any computer network, or to access an account that does not belong to you; or In a manner that interferes with other customers' use and enjoyment of the services provided by VirtualTourCafe, LLC.

When retrieving or using information from our website, you are prohibited from: (i) harvesting or otherwise collecting information about other users, including names, telephone and fax numbers, and email addresses; (ii) using the information gathered from our website for the purpose of contacting anyone who has posted information on our website, for any reason other than gathering more information about real estate that is the concern of a prospective VirtualTourCafe, LLC customer; and (iii) using the information gathered from our website including, but not limited to email addresses for the purpose of sending an email for any reason other than gathering more information about real estate that is the concern of a prospective VirtualTourCafe, LLC customer. You are specifically prohibited from using any data gathering and extraction methods to catalog, download, store, or otherwise reproduce or use the content available on our website. Such prohibited data gathering and extraction methods include, but are not limited to, data mining, robots, screen scraping, spiders, crawlers, cancelbots, Trojan horses, manual processes, and any other similar methods and techniques. VirtualTourCafe, LLC reserves sole discretion to determine whether any use of the service is a violation of this policy. Our guideline for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.
Subscription Account Usage
Subscription can be cancelled at any time with 15 days written notice. Subscriber agrees to have the cost of any remaining subscription amounts due automatically charged to their credit card. Subscriber understands that this VirtualTourCafe.com service is offered either on an a la carte (per tour), or an on-going subscription basis and may be cancelled automatically for non-payment. A la carte tours are provided and hosted for one-year or 12 months from the posting date. Subscription services are only active while the subscriber is active. Should the subscription expire, the client software will no longer function and the online account and tours will not be accessible. Any tours and account information will be retained for 90 days after the expiration or cancellation of an account. A $50 reactivation fee will be charged to reactivate the account under current subscription costs at the time of reactivation.

A single agent subscription agreement permits one agent to create from 2 tours under the Silver Plan, 5 tours under the Gold Plan and unlimited number of tours under the Platinum Plan, for their own personal listings, tours for their buyers, or neighborhood tours. The VirtualTourCafe, LLCs will be branded to the agent with the inclusion of their individual photo and their individual name in their account profile to display in the contact information feature. Co-listing agents are allowed to be included in the tour, under the subscriber account. The co-listing agent will have no other account access or usability. Additionally words such as Team, Group, Crew, or similar terms which generally indicate that multiple persons are subscribed to this account are not acceptable in branding under a single agent account, as long as the other agents have no access to the account and the account is not "shared" between agents. Posting of tours other than the agent's own tours (i.e. office tours, tours for other agents (of which they are not co-listing agents), etc.) shall be cause for immediate cancellation of this agreement.

An agent team subscription allows more than one agent working together as a team to create tours for their listings and share access to the same subscription account. A team is defined as more than one person that markets their services collectively (i.e. The Smith Team, or Mary and Bob Richards). Subscriber may add or remove team members to the subscription for an additional fee. The VirtualTourCafe, LLCs will be branded to the agent team with the inclusion of their team photo and each of their names in their account profile. Posting of tours other than the agent team's own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team members are defined as any living persons including spouses, family members, non-licensed staff members or others.
Tour Credit Account Usage
A la Carte Tour Credits will expire 12 months after the date of purchase if they haven't been used to create a tour by that time. Unused Credits may also be converted or applied to a subscription program prior to use or expiry of the Credit.
Web Sites: Prohibited Content
VirtualTourCafe, LLC provides storage space and access for photographs, video, and related audio files through its Web Hosting service. VirtualTourCafe, LLC will not routinely monitor the contents of your VirtualTourCafe, LLC presentations. You are solely responsible for any information contained in your presentations. However, if complaints are received regarding language, content, or graphics contained on your web site, VirtualTourCafe, LLC may, at its sole discretion, remove the presentations hosted on VirtualTourCafe, LLC servers and terminate your Web Hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. You may not use your web site to publish material that VirtualTourCafe, LLC determines, at its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, "material" refers primarily to photographs, video, audio, but also extends to cover all forms of communication that the VirtualTourCafe, LLC site may allow, including narrative descriptions, other graphics (including illustrations, images, drawings, floor plans, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which VirtualTourCafe, LLC concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. This includes, but is not limited to, all content that, in the sole discretion of VirtualTourCafe, LLC, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by VirtualTourCafe, LLC. Objectionable content may include, without limitation:
  • Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
  • Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
  • Materials that hold VirtualTourCafe, LLC including its affiliates, employees or shareholders up to public scorn or ridicule.
  • Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.
Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of VirtualTourCafe.com. This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. VirtualTourCafe, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Management
You are responsible for ensuring that the services obtained from VirtualTourCafe.com are used in an appropriate manner by those who you encourage to view your presentations. Therefore, you must take steps to manage the use of the services obtained from VirtualTourCafe, LLC in such a way that network abuse is minimized. You must respond in a timely manner to complaints concerning misuse of the services obtained from VirtualTourCafe, LLC. Failure to responsibly manage the use of the services obtained from VirtualTourCafe, LLC may be cause for termination of services to you.
Network Performance
VirtualTourCafe, LLC accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of VirtualTourCafe, LLC systems or networks. VirtualTourCafe, LLC reserves the right to terminate or limit such activities.
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. Without limitation, you may not use the web site to:
  • Transmit obscene materials
  • Intentionally spread or threaten to spread computer viruses
  • Gain or attempt to gain unauthorized access to any network, including VirtualTourCafe, LLC's private network infrastructure
  • Access or attempt to access information not intended for you
  • Transmit pirated software
Last updated: 10/01/2010
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All rights reserved.