Terms of Service
TERMS OF USE FOR 3RDEYEVT.COM AND 360ACCESSIBILITYGENERATOR.COM
WELCOME AND THANK YOU FOR YOUR INTEREST IN 3RD EYE STUDIOS. DOING BUSINESS AS “3RD EYE STUDIOS” (“3ES,” “Us,” “Our,” OR “We”). BY USING THE 3ES-RELATED WEBSITE AT WHICH THESE TERMS ARE POSTED (THE “Website”) AND ANY OF THE OTHER WEBSITES, NETWORKS, APPLICATIONS (INCLUDING, BUT NOT LIMITED TO, SERVICES PROVIDED BY 3ES (COLLECTIVELY, THE “Services”), OR ACCESSING ANY CONTENT PROVIDED BY US THROUGH THE SERVICES OR ACCESSIBLE THROUGH OR AT OUR WEBSITES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, AS UPDATED FROM TIME TO TIME (THE “Terms of Use”).
1. NO LEGAL ADVICE
OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY LEGAL ADVICE OF ANY KIND. 3ES assumes no responsibility for and shall not be liable for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services or otherwise via our websites.
2. ELIGIBILITY, ACCOUNTS, AND REGISTRATION
You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. TO ACCESS OR PURCHASE SOME FEATURES OF THE SERVICES, YOU MAY BE REQUIRED TO REGISTER FOR AN ACCOUNT AND AGREE TO ADDITIONAL CONTRACTUAL TERMS APPLICABLE TO THAT PARTICULAR FEATURE OR SERVICE. When you register for an account, you will be asked to provide Us with some information about yourself, such as e-mail address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and YOU ARE RESPONSIBLE FOR ALL ACTIONS TAKEN VIA YOUR ACCOUNT. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf.
3. USE OF THE SERVICES AND RELATED RESTRICTIONS
As long as you comply with these Terms of Use, We grant you a non-exclusive, limited, revocable, personal, non-transferable license to view and use this Website and, subject to their particular requirements and contracts, other Services. These Terms of Use do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party web sites or otherwise. Licenses, application-related Services, and other Services provided by 3ES over and above the availability of this Website will require separate agreements between you and 3ES. To use our Services, you must have a compatible device. We do not warrant that any particular Service will be compatible with your particular device. You may incur additional data-related or connectivity-related charges from your wireless provider for use of our Services. You agree that you are solely responsible for any applicable charges. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Website without the aid of any automated processes and only as necessary for your use of the Website. You are prohibited from displaying our Website content without our prior written approval.
4. PROHIBITED USE
BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT AND SHALL NOT, AND ARE OTHERWISE NOT ALLOWED TO:
• reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, including, but not limited to, the Application;
• remove or modify any copyright or other intellectual property notices that appear on the Website, Application, or other Services;
• use the Website, Application, or other Services in any way that is unlawful or that harms 3ES, its service providers, suppliers, affiliates, or any other user;
• use the Website, Application, or other Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
• impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
• upload or otherwise insert invalid data, viruses, worms, or other software agents to/in the Website, Application, or other Services;
• post, reproduce, publicly display, or otherwise make accessible any content, which We, in our sole judgement and discretion, consider illegal, offensive, or objectionable, including, without limitation, content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures We may use to prevent or restrict access to the Website, Application, or other Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information) on the Website, Application, or other Services;
• use any of 3ES’s trademarks or product names as part of your screen name or e-mail address;
• access or use the Website, Application, or other Services to develop competitive products or services; or
• attempt to, or permit or encourage any third party to, do any of the above.
5. FEES AND PAYMENT PROCESSING.
You may be required to pay fees to access or license certain of the Services, including the Application and other tour-related Services. All fees are in Indian Rupees and are subject to the terms of the particular agreement pursuant to which they are paid. The price of any Service may, from time to time, change. Our authorized third-party payment processor – Stripe – will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service.
Furthermore, the Services – including Application-related Services – may include features that allow for automatically recurring payments for periodic charges. If you decide to activate such a Service, you will be authorizing Us to periodically charge on a going-forward basis and until termination of the pertinent Service contract. We will bill the periodic subscription fee to the payment method you provide to Us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
6. USER MATERIALS
Certain portions of the Services may allow users to upload or otherwise provide 3ES images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in a separate Service contract, by uploading or otherwise providing User Materials to the Services, you grant Us an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator or owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize 3ES and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use and to provide any additional contracted-for Services. We will not use client contact information that is uploaded by agents into the 3ES Agent Hub portal for any purpose, unless that client contact information is otherwise provided to Us directly by the client.
Except as specified in a separate Service contract, We are under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any user content on the Services, including User Materials, that in Our sole judgment violates these Terms of Use or We find otherwise objectionable. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, We may investigate the allegation and determine in Our sole discretion whether to remove those User Materials, which We reserve the right to do at any time and without notice.
7. THIRD PARTY/LINKED SERVICES
This Website may include links to third-party products, services, and websites, as well as materials provided by third parties (“Third-Party Content”). The pertinent third parties are SOLELY responsible for Third-Party Content. Your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, websites, and/or materials. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties and/or any Third-Party Content
8. COMMUNICATIONS AND FEEDBACK
If you provide input, feedback, suggestions, or the like regarding any Services (collectively “Feedback”), you hereby grant Us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback (including both the communication itself and any ideas, inventions, or other intellectual property described, addressed, or mentioned therein) in any manner and for any purpose.
9. DMCA; CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on or in this Website or any other Service in a way that constitutes copyright infringement may notify Our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(i) Identification of the copyrighted work that you claim has been infringed;
(ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By Mail:
Attention: Copyright Agent
No.8, Gloria Complex,
Model Town, JP Road,
Andheri West.
Near Versova Metro Station.
By Email:
legal@3rdeyevt.com
If you give notice of copyright infringement by e-mail, We may begin investigating the alleged copyright infringement; however, We must receive your signed statement by mail or as an attachment to your e-mail before We are required to take any action.
10. DEACTIVATION/DELETION/CHANGES TO AGREEMENT
We may alter, suspend, or discontinue the Services or any portion of the Services without notice. Except as expressly set forth in a separate Service-related contract, We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. We reserve the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. Your continued use of the Services after any updates is effective and will represent your agreement to any revised version of the Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
11. PRIVACY POLICY
3ES will collect, use, store, and disclose personal information in accordance with Our Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 3ES, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any user materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. 3ES reserves the right but not the duty, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with 3ES’s defense of that claim.
13. NO WARRANTIES
3ES PROVIDES THIS WEBSITE AND ITS OTHER SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3ES MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. 3ES EXPRESSLY DISCLAIMS 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 THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING 3ES OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE OR IN A SEPARATE SERVICE CONTRACT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14 LIMITATION OF LIABILITY/EXCLUSIVE REMEDY
IN NO EVENT WILL 3ES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THIS WEBSITE OR ANY OTHER SERVICE PROVIDED BY 3ES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF 3ES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3ES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF OR IN THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. ENTIRE AGREEMENT
These Terms of Use (along with all appended exhibits hereto) represent the entire understanding between the Parties hereto with respect to the subject matter set forth herein, and supersede all other negotiations, agreements, contracts, commitments, and understandings, whether verbal or written, between the Parties, EXCEPT THAT ANY SEPARATE AGREEMENT(S) ENTERED INTO BETWEEN YOU AND 3ES IN RELATION TO THE APPLICATION OR SOME OTHER SPECIFIC SERVICE TO BE PROVIDED BY 3ES OR OTHER RIGHT OR LICENSED PURCHASED BY YOU SHALL BE AND REMAIN IN FULL FORCE AND EFFECT AND SHALL, ALONG WITH THESE TERMS OF USE, GOVERN THE RELATIONSHIP. In the event of any irresolvable conflict between these Terms of Use and another Application-specific or other Service-specific Agreement between you and 3ES, the other agreement (i.e. the Application-specific or other Service-specific Agreement) shall take precedence and control as to that conflict. In the event these Terms of Use is translated, the English-language version will control.
16. GOVERNING LAW AND FORUM
These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict of laws rules. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way these Terms of Use or the subject-matter hereof, shall be brought, if at all, only in a court of proper subject-matter jurisdiction in Fulton County, Georgia. Both Parties acknowledge the right of the specified courts to assert personal jurisdiction in any such action over all Parties and waive and release now and forever any defense to said assertion of personal jurisdiction that might otherwise exist.
17. ADDITIONAL STATEMENT REGARDING THE ADA, AND WCAG
The Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of disability in “places of public accommodation.” 42 U.S.C. § 12182(a). An important current, unresolved issue centers upon the extent to which company websites fall within the scope of the ADA. Some courts, along with the Department of Justice, have taken the position that certain company websites are covered by the ADA and must accordingly be accessible to people with various disabilities. Website accessibility can involve a wide range of disabilities, including visual, auditory, physical, speech, cognitive, language, learning, and neurological. Accessibility issues involve both static website content and interactive or multimedia features and presentations. There are, however, no definitive or comprehensive governmental rules, the compliance with which guarantees an ADA-compliant website. The safest and most prudent course for companies that are otherwise subject to the ADA is the implementation of a web presence that complies with Version 2.0 or higher of the World Wide Web Consortium’s (“W3C’s”) Web Content Accessibility Guidelines (“WCAG”), which have been adopted by the Federal government for its own websites. (See https://www.w3.org/WAI/standards-guidelines/wcag/). Especially given the gray and evolving nature of the ADA/website issue, Barnes Creative Studios cannot guarantee the compliance of any particular Matterport Virtual Tour, even after enhancement via the Application pursuant to these Terms of Use. IT IS CLIENT’S RESPONSIBILITY TO MAKE ITS OWN DETERMINATIONS AND OTHERWISE TO ENSURE THE COMPLIANCE OF ITS ONLINE MATERIALS. NOTHING IN THESE TERMS OF USE OR ANY OTHER SERVICE-RELATED CONTENT OR COMMUNICATIONS PROVIDED BY 3ES HEREUNDER, OR IN ANY OTHER DOCUMENT, WEBSITE, COMMUNICATION, OR OTHER STATEMENT OF 3ES SHALL CONSTITUTE LEGAL ADVICE. YOU SHOULD CONSULT YOUR OWN ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER RELATING IN ANY WAY TO 3ES, THESE TERMS OF USE, AND/OR ANY RELATED SERVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY COMMUNICATION, ACT, OR OMISSION OF 3ES. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE NOT RELIED AND WILL NOT RELY UPON 3ES IN RELATION TO ISSUES PERTAINING IN ANY WAY TO THE DETERMINATION OF WEBSITE OR VIRTUAL TOUR COMPLIANCE WITH THE ADA AND/OR ANY VERSION OF WCAG. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE AND SHALL HOLD 3ES HARMLESS IN RELATION TO ALL ISSUES REGARDING OR TOUCHING UPON COMPLIANCE/NON-COMPLIANCE WITH THE ADA. NO STATEMENT OR CONTENT AT OR IN THIS WEBSITE CONSTITUTES LEGAL ADVICE.
18. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident and a consumer, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding this Website or to receive further information regarding use of this Website.
19. OTHER PROVISIONS
These Terms of Use shall not be construed to create any employment relationship, partnership, or joint venture relationship. The headings of the paragraphs of these Terms of Use are for convenience only and shall not be deemed to control the meaning of any paragraph or section. 3ES will not be liable for failure to perform any of its respective obligations hereunder if such failure is caused by an event outside its reasonable control, including, but not limited to, acts of God, terrorism, war, or natural disaster. No delay or failure to exercise any right hereunder by 3ES and no partial or single exercise thereof by 3ES will be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of these Terms of Use will constitute consent to any prior or subsequent breach. If any provision of these Terms of Use is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms of Use will be valid and enforceable to the fullest extent permitted by applicable law. Except as expressly set forth herein, nothing in these Terms of Use is intended to confer, nor shall anything herein confer upon any person other than the Parties hereto and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. Should any litigation or other legal proceeding be commenced between the Parties concerning their rights or obligations under these Terms of Use, the Party substantially prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, its reasonable attorney fees and costs. By using the Services, you consent to receiving certain electronic communications from Us as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that We send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.