D. Changes. Scheduled photography shoots may be changed, rescheduled or cancelled in writing without penalty at any time more than twenty-four (24) hours before the scheduled shoot time. Any changes, rescheduling or cancellations made by you less than twenty-four (24) hours prior to a previously scheduled photography shoot may incur a fee, in HomeVisit’s sole discretion. Changes to the scope or content of a scheduled photography shoot may also incur additional fees and costs and possibly require rescheduling. As between HomeVisit and you, you shall be solely responsible for the condition and readiness of the Property, HomeVisit’s access to the Property, and any other factors on site at the Property to enable HomeVisit or its contractors conduct the scheduled photography shoot. Neither HomeVisit nor its contractors shall have any obligation to conduct a photography shoot for a Property that HomeVisit or its contractors determines is not camera-ready.
G. Grant of Rights in the Property. You represent that you, or the owner of the Property (if a separate individual or entity on whose behalf you are an authorized agent), own or license and have the right to sublicense to HomeVisit any intellectual property rights in the Property, including without limitation any copyrights in architectural works (collectively, the “Property IP”). You further grant, and agree to grant, to HomeVisit, its affiliates, contractors, agents, vendors, licensees, a non-exclusive, perpetual, royalty-free, fully paid up, fully transferable, sublicensable worldwide right and license, to use, create, reproduce, display, transmit, and distribute the Property IP in any and all media now known or hereinafter developed for purposes of providing the Services.
I. Representations and Warranties. You represent and warrant that:
M. Feedback Regarding the Services or Our Business. You may provide suggestions, comments or other feedback on our Services or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and HomeVisit has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although HomeVisit will not publicly disclose the source of such feedback.
O. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
V. Contact Information. By creating an account or using the Services, you agree that we may contact you using any of the personally identifiable information (including email or physical street addresses, telephone numbers, etc.) that you provided in connection with registering for the Services. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to email@example.com.
W. Claims of Copyright Infringement; DMCA Takedown. This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. Urbanimmersive respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Upon receipt of notification of claimed infringement, HomeVisit will follow the procedures outlined herein and in the DMCA. HomeVisit's "Designated Agent" to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify HomeVisit in writing:
Any claim of copyright infringement should include sufficient information to enable Urbanimmersive to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:
HomeVisit c/o Urbanimmersive
Attn: Legal Department
3135 Boulevard Moïse-Vincent, Suite 306
Longueuil (St-Hubert), QC, Canada, J3Z 0G7
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if HomeVisit is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, user-posted material that is claimed to be infringing. HomeVisit will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, HomeVisit may, in its discretion, terminate authorization of users of the Services who are repeat infringers.