LuxQue Media Terms of Service
Effective Date: [Jan 1st, 2024]
1. ACCEPTANCE OF TERMS
1.1 Your access to and use of LuxQue.com (“the Website”), the digital content provided by 3D Virtual Realty Inc. DBA LuxQue Media (“LuxQue”), and all Services referred to in Section 2, are subject exclusively to these Terms and Conditions. You will not use the Services or digital content for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services and digital content, you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Services and digital content.
1.2 We reserve the right to update or amend these Terms and Conditions at any time, and your continued use of the Services or digital content following any changes shall be deemed to be your acceptance of such changes. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2. THE SERVICES AND DIGITAL CONTENT
“Services” consist of the Website, any digital content provided by LuxQue, and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email, telephone messages, and text messages. Unless stated otherwise, the Services and digital content are for your personal and non-commercial use only.
The Services and digital content are not for use by users under the age of 13. By registering for the Services or purchasing digital content, you warrant to us that you are over the age of 13 and that you shall not allow persons under the age of 13 to use or access the Services or digital content.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE, REGISTER FOR THE SERVICES, OR USE THE DIGITAL CONTENT IF YOU DO NOT WISH TO COMPLY.
By either filling out our contact form, registering a user account, or purchasing digital content, you give us express written consent to contact you by phone, email, or text messages. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt out of emails by clicking the “unsubscribe” link in any email we send to you, and opt out of text messages by replying to text messages you receive from us with a request to STOP. If you opt out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.
3. PRIVACY POLICY
Our Privacy Policy is incorporated herein by reference.
4. USER ACCOUNT, PASSWORD, AND SECURITY
In order to use the full functionality of the Services or access certain digital content, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.
5. LICENSING AND USE OF DIGITAL CONTENT
5.1 All digital content, including but not limited to photos, videos, 3D tours, floor plans, and websites, produced and delivered by LuxQue, are the exclusive intellectual property of LuxQue. By accessing or using our digital content, you acknowledge and agree that all such content remains the sole and exclusive property of LuxQue.
5.2 Upon payment in full for LuxQue’s services, you are granted a limited, exclusive, non-transferable license to use the digital content solely for the purpose of marketing and selling the specific real estate property for which the content was created. This license is valid for one (1) year from the date of delivery of the content or until the real estate property is sold, whichever occurs first.
5.3 The license granted under these terms is strictly for the use of the individual or entity that has directly contracted with LuxQue and made payment. Any third party, including but not limited to other real estate agents, brokers, or agencies, wishing to use the content must obtain prior written authorization from LuxQue. Unauthorized use of LuxQue’s content by any party other than the licensee is strictly prohibited and may result in legal action.
5.4 LuxQue reserves the right to terminate or revoke the license granted under these terms at any time if the content is used in a manner that violates these terms or any applicable law. Upon termination or revocation, you must immediately cease all use of the content and, if requested by LuxQue, return or destroy all copies of the content in your possession or control.
6. ACCEPTABLE USE OF SERVICES AND DIGITAL CONTENT
6.1 For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations, and other materials made available, displayed, or transmitted over, by, or in connection with the Services or digital content, including all trademarks, trade names, service marks, and domain names contained therein.
6.2 With regard to the use of the Services and digital content, including any and all Content that you upload, send, post, email, or otherwise transmit while using the Services or digital content, you represent that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content, (ii) the Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights, or (d) any other proprietary rights of any other person, business, or entity, and (iii) transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
6.3 You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services or digital content, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity, or quality of such Content, and you acknowledge that by using the Services and digital content, you may be exposed to Content that is inaccurate, offensive, or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted via the Services or digital content, and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.4 In using the Services and digital content you agree not to:
- 6.4.1 Post, publish, distribute, or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing, or unlawful;
- 6.4.2 Threaten, abuse, disrupt, stalk, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- 6.4.3 Make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys, or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Services or digital content, or with any computer or property of another;
- 6.4.4 Advertise or offer to buy or sell goods or services for any commercial purpose unless such communication facility specifically allows such messages;
- 6.4.5 Post, publish, distribute, or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
6.5 We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
6.6 You may not use the Services or digital content to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
- Unauthorized monitoring, scanning, or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of email addresses;
- Using any forged, false, or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employing techniques to hide, obscure, or counterfeit the source of email or other posting;
- Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without express authorization of the owner of the system
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