Last Updated: June 22, 2017

**PLEASE READ THIS DOCUMENT CAREFULLY. Kurt Von Studios, LLC. (“HAUSvr,” “HAUSvr.co,” “we,” or “us”) offers a service to create virtual tours for the real estate industry. By registering as a member or by using the services of HAUSvr in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Kurt Von Studios, LLC. If you do not wish to be bound by this Agreement, do not use HAUSvr. **

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND HAUSvr WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Who May Use HAUSvr

AGE REQUIREMENT: You must be at least 18 years old, or the age of majority where you live, to use HAUSvr.co

2. License to Use HAUSvr

LICENSE: HAUSvr grants you a limited, non-exclusive license to access and use the HAUSvr.co for your own personal, non-commercial purposes. This includes the right to create, publish, view and interact with virtual tours and related content available on HAUSvr.co This license is personal to you and may not be assigned or sublicensed to anyone else.

HAUSvr.co may be used to create, publish, view and interact with virtual tours and related content.  By accessing or using our services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use our services.

RESTRICTIONS: Except as expressly permitted by HAUSvr.co in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble our service or any source code therein. Nor will you attempt to circumvent any of HAUSvr’s technical measures or take any measures to interfere with or damage the HAUSvr service. All rights not expressly granted by HAUSvr are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

4. Membership

REGISTRATION: To fully use HAUSvr.co, you must register as a member by providing your full name, password, and valid email address. You must provide complete and accurate registration information to HAUSvr and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a device that others have access to, you must log out of your account after using HAUSvr.co. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately by emailing us at kurt@kurtvon.com.

5. Purchases

VIRTUAL TOURS: In addition to offering a free video course, we offer paid virtual tour creation. Please see our pricing page for current pricing. Features and prices are subject to change. All fees may be subject to taxes.

REFUNDS: HAUSvr does not provide refunds unless we cannot get a tour delivered to you in less than 5 days after we receive your order request. After tour has been delivered to you, you cannot request changes unless HAUSvr has completed unsatisfactory work that deviates from our demo template.

OTHER PURCHASES: Purchases of other products and services through HAUSvr are subject to other terms and conditions that are presented to you at the time of purchase. All payments are final and non-refundable. Notwithstanding the foregoing, HAUSvr may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use HAUSvr and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time by emailing kurt@kurtvon.com. Free accounts may be deleted from HAUSvr.co if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

TERMINATION FOR BREACH: HAUSvr may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if HAUSvr determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage HAUSvr’s reputation and goodwill. If HAUSvr deletes your account for the foregoing reasons, you may not re-register for HAUSvr.co. HAUSvr may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by HAUSvr will terminate. Sections 6, 12, and 15 through 17 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. HAUSvr shall not be responsible for the loss of such content.

7. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography;
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes;
  • Is a duplicate of content already published to HAUSvr.co;
  • Misrepresents a property or intentionally obscures material facts about a property;
  • Impersonates another person or misrepresents your affiliation with another person, property or entity;
  • Is advertising or spam; or
  • Violates any law.

8. Code of Conduct

In using HAUSvr, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Flood HAUSvr.co with content submitted by a robot or a robot-like human;
  • Collect information about others; or

HAUSvr has the right, but not the obligation, to monitor all conduct on and content submitted to HAUSvr.co.

9. Licenses Granted by You

9.1 User Submitted Content

LICENSE TO HAUSvr: As between you and HAUSvr, you own the written, photo, video, and audio content (“Raw Content”) that you submit to HAUSvr.co. By submitting Raw Content, you grant HAUSvr and its affiliates a non-exclusive, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute, and create derivative works of any such Raw Content, without any payment or accounting to you or others, in connection with the HAUSvr.co and our business.

In addition, you waive any so-called “moral rights” in your Raw Content.

9.2 Unsolicited Ideas

HAUSvr does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new features, products or technologies (collectively “Submissions”). You must not transmit any Submissions to or through the Service that you consider to be confidential or proprietary. Any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary. You give HAUSvr an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute, and create derivative works of any such Submissions, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions.

10. HAUSvr Content and Trademarks

CONTENT: HAUSvr and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, virtual tours, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on HAUSvr.co is owned by HAUSvr and/or third parties with all rights reserved unless otherwise noted.  All derivative works created by HAUSvr or by using HAUSvr.co and involving materials that you submit are owned by HAUSvr.

TRADEMARKS: All trademarks, service marks, logos and trade names on HAUSvr.co, whether registered or unregistered, including but not limited to “HAUSvr” are proprietary to HAUSvr 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 HAUSvr) without the prior written consent of the appropriate owner thereof.

11. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the Raw Content to HAUSvr and grant the licenses set forth above; (ii) HAUSvr will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

12. Indemnification

You will indemnify, defend, and hold harmless HAUSvr and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on HAUSvr.co; (ii) assert a violation by you of any term of this Agreement; (iii) assert that any content you submitted to HAUSvr violates any law or infringes any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any misrepresentation made by you. HAUSvr reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HAUSvr.

13. Third Party Copyrights and Other Rights

HAUSvr respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on HAUSvr.co, please send the following information to kurt@kurtvon.com: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim is being infringed; (iii) identification of the material that is claimed to be infringing and where it is located on HAUSvr.co; (iv) information reasonably sufficient to permit HAUSvr to contact you, such as your address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

14. VR Health and Safety

HAUSvr.co includes access to hardware, software and content that when used correctly and in accordance with the instructions of their respective manufacturers or developers enable users to experience virtual reality (such services, the “VR Services”). Use of the VR Services may subject you to certain health and safety dangers as described within the respective hardware, software and content. By using the VR Services you represent and warrant that you have read and understood all applicable health and safety warnings and instructions prior to using the VR Services. The respective manufacturers and developers may update or revise these warnings and instructions and it is your responsibility to review them periodically. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VR SERVICES IS AT YOUR SOLE RISK AND HAUSvr SHALL BEAR NO LIABILITY FOR ANY INJURY YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VR SERVICES. IF YOU BELIEVE THAT YOU MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VR SERVICES, WHETHER DIRECTLY OR INDIRECTLY, YOU SHOULD NOT USE THE VR SERVICES.

The following is a partial list of websites containing health and safety warnings relating to hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are presented solely for your convenience. HAUSvr makes no representations or warranties relating to the sufficiency or completeness of the health and safety warnings or any other content contained in the sites listed below nor to the applicability of such warnings to any individual user of the VR Services.

https:/www.oculus.com/warnings/

http:/www.samsung.com/us/support/owners/product/SM-R323NBKAXAR

https:/support.google.com/daydream/answer/7185037?hl=en

https:/dl4.htc.com/vive/safty_guide/91H02887-08M Rev.A.PDF?_ga=1.17504313.1235756856.1485226053

15. Disclaimers

HAUSvr reserves the right to modify HAUSvr.co. You are responsible for providing your own access (e.g., computer, mobile device, VR headset, Internet connection, etc.) to HAUSvr.co. HAUSvr has no obligation to screen or monitor any content and does not guarantee that any content available on HAUSvr.co complies with this Agreement or is suitable for all users.

HAUSvr provides services on an “as is” and “as available” basis. You therefore use HAUSvr.co at your own risk. HAUSvr expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, HAUSvr makes no representations or warranties:

  • That our services will be permitted in your jurisdiction;
  • That our services will be uninterrupted or error-free;
  • That information transmitted to HAUSvr or through HAUSvr.co will be secure;
  • That HAUSvr.co will be free from any harmful components, including, without limitation, viruses;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on HAUSvr.co or will be stored by HAUSvr;
  • That HAUSvr.co will meet your business or professional needs;
  • That HAUSvr will continue to support any particular feature of HAUSvr.co; or
  • Concerning sites and resources outside of HAUSvr.co, even if linked to from HAUSvr.co.

HAUSvr does not make any representations or warranties that the information (including any content and any instructions) on HAUSvr.co is accurate, complete, or useful.  For clarity, you must not rely on any information (including any content, any images, and any instructions) provide via our services for the purposes of engaging in a real estate transaction.  It is solely your responsibility to verify any information, images, or content contained on HAUSvr.co, including the condition, quality, or safety of any property or any descriptions, details, or data provided about the room, home, building, property or transaction at all times, and in any event before engaging in any transaction.  For further clarity, HAUSvr is not a real estate broker.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used HAUSvr.co and no warranties shall apply after such period.

16. Limitation of Liability

To the fullest extent permitted by law: (i) HAUSvr (and its Affiliates, licensors, suppliers or business partners) shall not be liable for any damages of any kind arising from the use of HAUSvr.co, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through HAUSvr.co including but not limited to any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

17. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New Jersey, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: You agree that all disputes between you and HAUSvr (whether or not such dispute involves a third party) with regard to your relationship with HAUSvr, including without limitation disputes related to these Terms of Service, the Privacy Policy, your use of HAUSvr.co, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and HAUSvr hereby expressly waive trial by jury. Disputes related to intellectual property will be heard by an arbitrator with intellectual property experience.  As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor HAUSvr will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if HAUSvr is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either HAUSvr or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the preceding language in this Arbitration section describing the class action waiver will be severed from these Terms of Service. This arbitration clause will survive the termination of your relationship with HAUSvr.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any arbitral body, that term will be severed from this Agreement. No failure or delay by HAUSvr in exercising any right hereunder will waive any further exercise of that right. HAUSvr’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without HAUSvr’s prior written consent. No third party shall have any rights hereunder.

TERRITORIAL RESTRICTIONS: The information provided within HAUSvr.co is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HAUSvr to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of HAUSvr.co or any portion of our services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that HAUSvr provides.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from HAUSvr electronically. HAUSvr may provide all such communications by email or by posting them on HAUSvr.co. For support-related inquiries, you may contact us at kurt@kurtvon.com You may send notices of a legal nature to HAUSvr at kurt@kurtvon.com or the following address:

Kurt Von Studios, LLC 522 N Maple Ave C2, Ridgewood, NJ 07450.

Nothing herein shall limit HAUSvr’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by HAUSvr on HAUSvr.co or a written amendment signed by an authorized representative of HAUSvr. A revised Terms of Service will be effective as of the date it is posted on HAUSvr.co.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

This Agreement constitutes the entire understanding between HAUSvr and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

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