Our services (hereinafter “service”, “Service”, “services”) are only available to licensed real estate agents, property owners and individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to Santa Barbara PhotoTours members whose accounts have been temporarily or indefinitely suspended. If you do not qualify, please do not use our services. Your Santa Barbara PhotoTours account and User ID may not be used, transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind your company to this Agreement.
By default, our services include the distribution of PhotoTours on the Websites of real estate agents who participate in our cooperating Featured PhotoTours subscription service program. While these PhotoTours include the names of the actual listing agents who have purchased the PhotoTour service, along with the names of the listing Broker (e.g., under the thumbnail image on the PhotoTour listing page), it is understood that the names and contact information of the participating Featured PhotoTours subscribers appear more prominently on the PhotoTour listing page (e.g., “Brought to you by:”).
The distribution of our PhotoTours is intended to further the exposure of the listing agent’s PhotoTour as part of a reciprocal cooperative marketing effort. If, however, for any reason at any time the agent who has paid for the PhotoTour service, or their Broker, does NOT want their PhotoTour to be made available through the Featured PhotoTours subscription service program, they shall have the absolute right to “opt out” and, by doing so, it is understood that their PhotoTour(s) will no longer appear as a Featured PhotoTour on any other real estate agent’s Website.
Access and Interface
By accessing the Santa Barbara PhotoTours website (at www.SBPhotoTours.com) for the Service or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the
Santa Barbara PhotoTours web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the
Santa Barbara PhotoTours Website.
Member Account, Password and Security
Upon completing the Service's registration process, you will receive a password and account designation. Your membership and this password and account are provided to you solely for your personal use. You agree that you will not share, sell, timeshare, loan, or provide access to the Service to non-members or the general public through your membership or account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Santa Barbara PhotoTours of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Santa Barbara PhotoTours cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Santa Barbara PhotoTours reserves the right to refuse service, remove or edit content, and/or cancel the Service in its sole discretion.
No Resale of Service
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the
Santa Barbara PhotoTours or the Service.
Santa Barbara PhotoTours reserves the right, in its sole discretion, to suspend your account and/or our Service at any time, for any reason, or to terminate your access to all or part of the Santa Barbara PhotoTours, with or without notice.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOTOURS, INC. AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT PHOTOTOURS, INC. WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOTOURS, INC. DISCLAIMS ANY RESPONSIBILITY AND ANY WARRANTIES, EXPRESS OR IMPLIED, FOR SALES, PURCHASES, FINANCING OR ANY OTHER TYPES OF TRANSACTIONS INVOLVING PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PHOTOTOURS, INC. ALL SUCH TRANSACTIONS ARE SOLELY BETWEEN THE SELLER, BUYER, AND ANY APPLICABLE AFFILIATED PARTIES. YOUR USE OF SANTA BARBARA PHOTOTOURS IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHOTOTOURS, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE SANTA BARBARA PHOTOTOURS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
SANTA BARBARA PHOTOTOURS, PHOTOTOURS, INC. OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PHOTOTOURS, INC. AND ITS AFFILIATES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request, you agree to defend, indemnify, and hold harmless Santa Barbara PhotoTours, PhotoTours, Inc. and/or its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorney's fees, that arise from your use or misuse of this site.
Santa Barbara PhotoTours and PhotoTours, Inc. reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Santa Barbara PhotoTours and PhotoTours, Inc. in asserting any available defenses.
You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Santa Barbara PhotoTours or PhotoTours, Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Santa Barbara PhotoTours grants you a personal, non-transferable and non-exclusive right to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Santa Barbara PhotoTours for use in accessing the Service. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of Santa Barbara PhotoTours and/or our affiliates without express written consent of PhotoTours, Inc. You may not use any meta tags or any other "hidden text" utilizing PhotoTours' name or Trademarks without the express written consent of PhotoTours, Inc. Any unauthorized use terminates the permission or limited rights granted by Santa Barbara PhotoTours and subjects you to potential legal action.
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of PhotoTours, Inc., its content suppliers and/or other content providers and is protected by United States and International copyright laws. The compilation of all Content on this site is the exclusive property of PhotoTours, Inc. and protected by U.S. and International copyright laws. All Software used on this site is the property of PhotoTours, Inc. and/or its software suppliers and protected by United States and International copyright laws.
PhotoTour, PhotoTours and other marks used on this site are Trademarks of PhotoTours, Inc. and/or its affiliates and/or subsidiaries, in the United States and other countries. PhotoTour, PhotoTours and other graphics, logos, page headers, button icons, scripts, and service names are Trademarks or trade dress of PhotoTours and/or its affiliates and/or subsidiaries. PhotoTour and PhotoTours Trademarks and trade dress may not be used in connection with any product or service that does not belong to PhotoTours, Inc. in any manner that is likely to cause confusion among its customers or the public, or in any manner that disparages or discredits PhotoTours. All other Trademarks not owned by PhotoTours, its affiliates and/or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Santa Barbara PhotoTours, its affiliates or its subsidiaries.
Third Party Intellectual Property Protection
Santa Barbara PhotoTours believes that it is important to protect copyrights, Trademarks, and other intellectual property rights. It is the policy of
Santa Barbara PhotoTours to respond to claims of intellectual property infringement.
Santa Barbara PhotoTours or PhotoTours, Inc. will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and any other applicable laws if it receives notices of infringement. DMCA and any other notices of claimed infringement should be directed to Santa Barbara PhotoTours’ registered agent for receiving such notices:
102 Calle Palo Colorado
Santa Barbara, CA 93105
Choice of Law and Forum
Santa Barbara PhotoTours shall be brought and maintained exclusively in the Superior Court of the State of California, Santa Barbara, California. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court.
Severability and Integration
Parties in Interest
Notices to you may be made via either e-mail or regular mail.