Terms of Use Agreement
Read These Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 10/1/2006
This Terms of Use Agreement sets forth the standards of use of the VisualShows.com Online Service. By using the Visualshows.com website you (the “Member”) agree to these terms and conditions, commencing on the date on which you initiate membership. The services of VisualShows.com shall continue until the services are terminated and/or canceled by VisualShows.com, as set forth herein, or VisualShows.com ceases to offer our services to the general public. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at VisualShows.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Member Obligations of Service
Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by VisualShows.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, VisualShows.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. VisualShows.com shall have no liability for any interruptions in the use of this Website. VisualShows.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
VisualShows.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR VISUALSHOWS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VISUALSHOWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold VisualShows.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
VisualShows.com reserves the right to modify or discontinue the Service with or without notice to the Member. Visualshows.com shall not be liable to Member or any third party should VisualShows.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Visualshows.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While VisualShows.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
VisualShows.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State of Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Arizona. Any activity on our network with violates any state or Federal Laws is in violation of our policy and will result in immediate termination of service. Any termination as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. You may not use VisualShows.com website to: Create or transmit obscene materials, intentionally spread computer viruses, access or attempt to access information not intended for your use or viewing, gain or attempt to gain unauthorized access to any network, including Visualshows.com internal structure, transmit stolen or pirated software. You understand and agree that any attempt to break security, or to access any account which does not belong to you, shall be a breach of this agreement, and may result in suspension or termination of the service with no refund of any unused portion of your paid subscription. You also agree to notify VisualShows.com of any breach or attempted breach of security to your account. You also understand and agree VisualShows.com membership is for your sole personal use and shall not be used by more than one individual person. In addition, any person within the Real Estate industry must have his/her own subscription even if the listing is the property of Broker/Owner of the Real Estate Agency for which the Realtor performs services.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Any use of Prohibited content as defined herein is at visualshows.com sole discretion for termination of service and/or subscription. Prohibited Content as defined is not eligible for any pro-rata refunds of unexpired or unused subscription time. Prohibited Content may include, without limitation: Material that suggest or depict, obscene, vulgar, indecent, lewd or suggestive behavior. Materials that suggest or encourage the commission of a crime or provoke violence or degrades any person/group based on religion, sex, color, age, marital status, sexual orientation, disability or political affiliation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 VisualShows.com, with all rights reserved, or is the property of Visualshows.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Visualshows.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of VisualShows.com.
VisualShows.com’s trademarks may not be used in connection with any product or service that is not provided by Visulashows.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VisualShows.com.
All other trademarks displayed on VisualShows.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Visualshows.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Visualshows.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
P.O Box 2031
Higley, Arizona 85236
12. Botnets
Visualshows.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Visualshows.com reserves the right to direct the involved host names to a honey pot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by VisualShows.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement
14. Personal Information
For purposes of identification, marketing, billing and tracking, you must provide accurate, complete and current information or register for use of the services, including your name, address, telephone number(s), email address, and payment data. You also herby certify you are not a minor.
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Client Testimonials
Carol -V.P. Sales & Marketing Roberts Resorts
“I signed up for Visual Shows about a year ago and have used it over and over. This is a great tool and customers are really impressed. I use it to show the set-up of someone’s home from start to finish. Just by taking photos at varies stages of building, I have the whole story as a before and after. Thanks for the great service!”
Amy S
I made a Visual Shows Commercial and Active rain flyer and posted it to facebook and craigslist (so easy). I had a renter call from finding my listing on Google the next day!
Gilbert Team Assist-2-Sell
VisualShows is the perfect way to showcase your listings for a very low price and show your sellers that we include the tour in our low, flat fee. It only takes minutes to do with your existing photos and professionalizes Assist2Sell in a way that "the other guys" can't dispute
Dave J - DPR Realty
This product has completely changed my business! I now have an online presence, more buyer leads and a tool to wow my sellers!
DRick-Owner/Broker Assist-2-Sell Island Properties
We would like to thank you and your team for the excellent product and customer service you have provided. Your site is easy to maintain and navigate and the quality of the videos and ease of creating them is great. Through your site we are able to maximize our online marketing and so much more. A great value for a great service
