Terms of Service
This page states the terms and conditions under which you (“you”, “your”, or the “User”) may use this site, and the various services (“Services”) offered from the site, which is the property of iLOOKABOUT Inc. and/or its affiliated entities (collectively “iLOOKABOUT”). Your use of this site constitutes acceptance of these terms and conditions. If this agreement is being presented via a “click-wrap” screen, by clicking “I agree”, you agree to be bound by these terms and conditions.
To the extent you have entered into a specific written agreement with iLOOKABOUT for iLOOKABOUT services, the terms of that written agreement will govern to the extent they are inconsistent with this Terms of Service agreement.
These terms were last revised on July 10, 2008.
iLOOKABOUT may change these terms of service or any fees payable to iLOOKABOUT by giving 30 days written notice, which shall not commence prior to the end of any term for the applicable Service if a term other than monthly has been agreed to.
Intellectual Property: Copyright © 2008 iLOOKABOUT. All rights reserved. The contents of this site are owned by and copyrighted by iLOOKABOUT and its suppliers and may contain trade-marks of iLOOKABOUT or others. You may print or copy portions of this site for your own use only - provided that all copyright and trademark provisions contained on the site remain intact. Without limitation, iLOOKABOUT has trade-marks in “iLOOKABOUT”, and the iLOOKABOUT logo.
Unauthorized use of any portion of this site or the Services beyond that contained in the previous paragraph may violate copyright, trade-mark and other laws.
Payment Terms: Any payments, or any deposits paid for any Services, are not refundable absent default by iLOOKABOUT.
Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).
Limitations: The User will not: (a) reproduce, sell, rent, assign, lease, sublicense, distribute, pledge, serve third parties, market or commercially exploit, in any way, except as provided in this Agreement the Services or any component thereof; (b) use the Services for any purpose or function whatsoever other than for its own internal use; (c) use the Services except as authorized herein; (d) reverse engineer, decompile, disassemble or create derivative works from any software that is part of the Service, except and only to the extent such activity is expressly permitted by applicable law notwithstanding such limitation; (e) remove, modify or obscure any watermark (either visible of invisible) or any copyright, trademark or other proprietary rights notices that appear on any software or that appear on any images or during use of any software or Services; or (f) use the Services for activities specifically prohibited by iLOOKABOUT’s acceptable use policy.
Acceptable Use Policy: The User will not: (a) use the Services for illegal purposes; (b) upload, post, publish, transmit, reproduce any Content that (i) infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party; (ii) violates or infringes the rights of others, including content which is inaccurate, false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libelous, tortuous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or otherwise objectionable; (iii) is pornographic, sexually explicit or contains nudity; (iv) contains viruses Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, alter, destroy or limit the functionality of any software, hardware or telecommunications equipment; or (v) you know, or reasonably should know, cannot be legally distributed in such manner; (c) engage in conduct which in iLOOKABOUT's sole discretion restricts or inhibits other users from using or enjoying the Services; (d) create a false identity for the purpose of misleading others, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (e) forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any Content transmitted through the Service, to acquire unauthorized access to restricted areas of the Service, or for any other purposes; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) use any automated queries of any sort on the Service; or (h) place partial pages of this site within frames on your site, or otherwise suggest that the content is yours.
iLOOKABOUT does not routinely review or edit Content. iLOOKABOUT may however monitor, edit or remove any Content if the Content violates the Terms of Service.
User Registration, Password and Security: Certain Services require the payment of a fee and/or the User to register with their contact information, a user name and a password. Unless otherwise agreed in writing the fees and service limits will be those published by iLOOKABOUT at the time of purchase. Purchasers of Services will also be required to provide billing, credit card and payment information. You will provide accurate, and complete information about yourself (including your email address which will be used by iLOOKABOUT as the primary method of communication to the User), and maintain up-to-date information by making changes to your profile. All amounts paid in advance to iLOOKABOUT are non-refundable. You agree to be responsible for all acts and omissions that occur in connection with your password. You will keep your password confidential and to notify iLOOKABOUT immediately if you believe that the security of your password has been compromised.
iLOOKABOUT Supplied Content: If the Services involve the viewing of content supplied by iLOOKABOUT, such as the Streetscape product, the Services consist of access to a database of images in specified geographic locations on the terms contained herein. All images and other content that forms part of the Services are owned by iLOOKABOUT (or are owned by a related entity and used under license), and protected by copyright. Such images are owned by iLOOKABOUT and not by the User, even if those images or content have been specifically requested by or paid for by the User. iLOOKABOUT hereby grants to the User a non-exclusive, non-transferable license to access the portion of the content of the database agreed to between the User and iLOOKABOUT. The User may use the Services only for internal access by its employees or contractors for the purpose of conducting the User’s business, unless iLOOKABOUT specifically agrees otherwise in writing. For clarity, the User may not allow access by the general public to the Services or the images provided thereunder. User access will in most cases consist of online access, however in some instances where custom images are requested by a User they will be provided on physical media, and, at iLOOKABOUT’s discretion, added to the database for use by its Users generally. The images in the database may be updated by iLOOKABOUT from time to time for its Users generally, but iLOOKABOUT makes no promises about the frequency of such updates.
User Supplied Content: If the Services involve the User’s ability to post content, such as the Virtual Tour product, the Service includes; image editing, image and file uploading, the processing of base images into virtual tours or virtual slideshows, virtual tour and virtual slideshow hosting, and an administrative and management interface for users of the Service. The uploaded information including; data, text, files, photographs, graphics, software, hyperlinks, or other materials submitted to the Service (collectively "Content") provides users the capability of creating and/or managing virtual tours and virtual slideshows. iLOOKABOUT claims no ownership rights in any Content. You grant to iLOOKABOUT a non-exclusive, royalty-free license to use, copy, distribute, and display those images to the extent necessary to provide the Services. Initial fees for the Services contained in this paragraph includes hosting of content for no more than 12 months. iLOOKABOUT is not responsible for the deletion, miscommunication or the failure to store any Content on the Service. iLOOKABOUT may establish limitations on the amount of storage, activity, bandwidth or any other resource available for each User of the Service.
Access: Users may only access the Services through the web based interface provided by iLOOKABOUT. While limited free support is provided, iLOOKABOUT is not required to provide any free assistance, including any technical or User support, in connection with the Services.
Limited Warranty: While iLOOKABOUT uses reasonable efforts to maintain this site and its Services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of this site or the Services or that they will satisfy the User’s expectations. iLOOKABOUT reserves the right from time to time, and at any time, to modify, suspend or discontinue the Service (or any part thereof) with or without notice. The site and Services are provided “as is”.
iLOOKABOUT will use commercially reasonable efforts to provide the Services on a 24 hour basis, subject to matters outside its reasonable control, and the service levels provided by its third party content delivery network. iLOOKABOUT will use reasonable efforts to enforce any service level and warranty obligations of its suppliers.
Notwithstanding anything else contained in this Agreement, iLOOKABOUT’s warranties and liabilities for any matters shall not exceed those provided to iLOOKABOUT from any third party providing services to iLOOKABOUT.
iLOOKABOUT disclaims all warranties or conditions, express or implied, in respect of this site and the Services including any implied warranties or conditions of fitness for a particular purpose, merchantability and noninfringement.
In no event is iLOOKABOUT liable for any damages whatsoever (including, without limitation, direct, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this site or the Services, the reliability of the Internet, or the material contained on the site or provided by the Services, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, and whether or not iLOOKABOUT is advised of the possibility of such damages.
You acknowledge that iLOOKABOUT has set its prices and created this site and its services in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and iLOOKABOUT is found to have failed in its fundamental or essential purpose or has been fundamentally breached.
The user will indemnify iLOOKABOUT for any damages iLOOKABOUT may suffer resulting from your use of this site or services or breach of these terms.
Jurisdiction: This site and the use of the Services are governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against iLOOKABOUT shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario. Regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the site or the Services or to the Terms of Service must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Third Party Sites: Any third party sites that are linked to this site are not under iLOOKABOUT’s control. iLOOKABOUT is not responsible for anything on the linked sites. iLOOKABOUT provides links as a convenience only and such links do not imply any endorsement by iLOOKABOUT of those sites.
Purchase Terms: iLOOKABOUT tries to provide accurate information on this site, but errors may occur. iLOOKABOUT reserves the right to change the prices of goods and services available through the site without any notice or liability. iLOOKABOUT cannot guarantee goods or services advertised on the site will be available when ordered or thereafter. iLOOKABOUT reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order goods or services for which the price was incorrectly displayed, iLOOKABOUT will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, iLOOKABOUT will notify you by email. iLOOKABOUT reserves the right to limit quantities sold. Nothing on the site is an offer to sell. Your properly completed and delivered order form is your offer to purchase the goods or services in your order. Your order is deemed accepted only if and when iLOOKABOUT sends an acceptance notice email to your email address.
Default: iLOOKABOUT may immediately terminate or suspend the provision of Services to a User with or without notice upon the occurrence of any of the following events: (a) user fails to pay fees when due; (b) User fails to comply with any provision of this Agreement or uses the Services beyond the scope described herein; (c) User attempts to assign, sub-license, or otherwise transfer any of its rights under this Agreement without the consent of iLOOKABOUT; or (d) User files an assignment in bankruptcy or is or becomes bankrupt and/or insolvent, upon the appointment of a receiver for all or substantially all of the property or assets of the user, upon the making of any assignment or attempted assignment for the benefit of creditors or on the institution by User of any act or proceeding for the winding up of its business.
Prior Agreement: Except to the extent agreed otherwise in writing, this Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement is binding on either party. Except as otherwise described herein, this Agreement cannot be amended or modified, other than by a change made in writing, dated and executed by the parties.
Language: It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Capacity: By registering and accepting these Terms of Service, the User hereby represents, warrants and covenants to iLOOKABOUT that: (a) she/he has the legal capacity to subscribe and accept the Terms of Service as well as be bound by its content; (b) he/she is at least 18 (eighteen) years of age.
Securities: Nothing on this site is intended to be an offering for sale of iLOOKABOUT securities to the public.
Notices: Notices may be sent to you or you may send notices to iLOOKABOUT via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Service or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
iLOOKABOUT may be contacted at:
408 - 383 Richmond Street London, Ontario N6A 3C4
Tel: (519) 963-2015