Terms of Service

Last Updated: March 3, 2017

**PLEASE READ THIS DOCUMENT CAREFULLY. Transported, Inc. ("Transported," "we," or "us") offers a platform to create, publish, view, and interact with real estate-related virtual tour content through its website located at transported.co and other Transported-operated sites (collectively, the "Transported Site"), and virtual reality applications, including mobile and desktop applications, (collectively and including the Transported Site, the "Transported Service"). By registering as a member or by using the Transported Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Transported. If you do not wish to be bound by this Agreement, do not use the Transported Service. **

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND TRANSPORTED 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 the Transported Service

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

2. License to Use the Transported Service

LICENSE: Transported grants you a limited, non-exclusive license to access and use the Transported Service 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 the Transported Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the Transported Service for commercial purposes unless:

• You are a real estate professional acting in your professional capacity, in which case your commercial use is limited to providing information to your clients via the Transported Service or, where authorized, taking actions on behalf of your clients (e.g., post a home for sale). . 

• You are a photography or real estate marketing professional creating content on behalf of a real estate professional, in which case your commercial use is limited to creating and publishing content for your client. 

 

Lending professionals and institutions are prohibited from using information provided by Transported through the Transported Service in making any loan-related decisions. The Transported Service may be used to create, publish, view and interact with virtual tours and related content.  By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

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

APPLICATIONS: Your use of the Service through one of our mobile or desktop applications is also subject to our End User License Addendum.

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 the Transported Service, you must register as a member by providing your full name, a user name, password, and valid email address. You must provide complete and accurate registration information to Transported 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.

USER NAME: We encourage you to use your real name. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

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 the Transported Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately by emailing us at info@transported.co.

COLLABORATORS: Users with Starter or Professional memberships may be able provide viewing or administrative permissions for their tours by selecting other users as collaborators. Users are responsible for the behavior of their collaborators, and Transported is not responsible for any actions taken by collaborators. For example, Transported is not responsible for a tour being deleted by a collaborator.

5. Subscriptions and Purchases

TRANSPORTED STARTER AND PROFESSIONAL: In addition to offering free Transported memberships, we offer Transported Starter and Transported Professional subscriptions. Please see our pricing page for current Starter and Professional features and pricing. Features and prices are subject to change. Monthly limits are calculated based the start and end date of your billing cycle, not the calendar month. Users who wish to publish more tours than number offered to Professional memberships may request a custom account by contacting us at info@transported.co. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Transported. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you cancel your membership during the cancelation period, any content submitted to the Transported Service is subject to removal.  If you have questions, please contact us at info@transported.co.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Transported reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused tour publishing limits do not roll over to subsequent subscription periods.

END OF SUBSCRIPTION: When a Transported Starter or Professional subscription ends, the account automatically becomes a free account and Transported may disable access to features or content to comply with free account limits.

OTHER PURCHASES: Purchases of other products and services through the Transported Service 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, Transported 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 the Transported Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time by emailing info@transported.co. Free accounts may be deleted from the Transported Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

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

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Transported 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. Transported 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 the Transported Service; 

• 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 the Transported Service, 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 the Transported Service with content submitted by a robot or a robot-like human; 

• Pay for views, likes, reviews, up-votes, or similar; 

• Collect information about others; or 

• Advertise or solicit others to purchase any product or service within the Transported Site (unless you are an official Transported partner or advertiser and have a written agreement with Transported). 

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

9. Licenses Granted by You

9.1 User Submitted Content

LICENSE TO TRANSPORTED: As between you and Transported, you own the written, photo, video, and audio content ("Raw Content") that you submit to the Transported Service. By submitting Raw Content, you grant Transported 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 Transported Service and our business.

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

9.2 Unsolicited Ideas

Transported 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 Transported 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. Transported Content and Trademarks

CONTENT: The Transported Service 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 the Transported Service is owned by Transported and/or third parties with all rights reserved unless otherwise noted.  All derivative works created by Transported or by using the Transported Service and involving materials that you submit are owned by Transported.

 

TRADEMARKS: All trademarks, service marks, logos and trade names on the Transported Service, whether registered or unregistered, including but not limited to “Transported™,” are proprietary to Transported 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 Transported Service) 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 Transported and grant the licenses set forth above; (ii) Transported 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 Transported and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Transported Service; (ii) assert a violation by you of any term of this Agreement; (iii) assert that any content you submitted to Transported 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.  Transported 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 Transported.

13. Third Party Copyrights and Other Rights

Transported 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 the Transported Service, please send the following information to the Transported Copyright Agent at DMCAAgent@transported.co: (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 the Transported Service; (iv) information reasonably sufficient to permit Transported 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

The Transported Service 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 TRANSPORTED 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. Transported 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

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

Transported provides the Transported Service on an "as is" and "as available" basis. You therefore use the Transported Service at your own risk. Transported 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, Transported makes no representations or warranties:

• That the Transported Service will be permitted in your jurisdiction; 

• That the Transported Service will be uninterrupted or error-free; 

• That information transmitted to Transported or through the Transported Service will be secure; 

• That the Transported Service 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 the Transported Service or will be stored by Transported; 

• That the Transported Service will meet your business or professional needs; 

• That Transported will continue to support any particular feature of the Transported Service; or 

• Concerning sites and resources outside of the Transported Service, even if linked to from the Transported Service. 

 

Transported does not make any representations or warranties that the information (including any content and any instructions) on the Transported Service is accurate, complete, or useful.  For clarity, you must not rely on any information (including any content, any images, and any instructions) provide via the Transported Service for the purposes of engaging in a real estate transaction.  It is solely your responsibility to verify any information, images, or content contained on the Transported Service, 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, Transported 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 the Transported Service, and no warranties shall apply after such period.

16. Limitation of Liability

To the fullest extent permitted by law: (i) Transported (and its Affiliates, licensors, suppliers or business partners) shall not be liable for any damages of any kind arising from the use of the Transported Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Transported Service, 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; and (ii) Transported's total liability to Starter/Professional members for any direct damages shall not exceed the amounts paid by such Starter/Professional member to Transported over the six (6) months preceding such claim(s).

>17. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, 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 Transported (whether or not such dispute involves a third party) with regard to your relationship with Transported, including without limitation disputes related to these Terms of Service, the Privacy Policy, your use of the Transported Service, 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 Transported 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 Transported 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 Transported 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 Transported 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 Transported.

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 Transported in exercising any right hereunder will waive any further exercise of that right. Transported’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 Transported’s prior written consent. No third party shall have any rights hereunder.

TERRITORIAL RESTRICTIONS: The information provided within the Transported Service 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 Transported to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Transported Service or any portion of the Transported Service, 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 Transported provides.

 

Software related to or made available by the Transported Service may be subject to United States export controls. Thus, no software from the Transported Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Transported Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

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

Transported, Inc. 12575 Beatrice St., Suite M, Box A13, Los Angeles, CA 90066

Nothing herein shall limit Transported’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 Transported on the Transported Site or a written amendment signed by an authorized representative of Transported. A revised Terms of Service will be effective as of the date it is posted on the Transported Site.

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

• Privacy Policy 

• End User License Addendum 

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

END OF DOCUMENT. Enjoy your day.