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Voyager Acceptable Use Policy | VULA (Kayyah + Hosting) Last Updated: 1 October 2008 IMPORTANT. READ CAREFULLY: This VULA is a legal agreement between you (either an individual or a single entity, who will be referred to in this VULA as "You" and "Your") and VOYAGER 360 / Voyager International for the VOYAGER software accompanying this VULA, which includes the on-line software that you are about to access, and/or the website you have hosted with Voyager and includes associated media, printed materials and any online or electronic documentation (SOFTWARE). By ACTIVATING your back office and / or using your Website hosted with Voyager, You agree to be bound by the terms of this VULA. If You do not agree to the terms of this VULA, do not activate the Kayyah back office and inform Voyager in writing that you do not want Voyager to host your website. SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by intellectual property laws within the United States, Canada and 17 countries worldwide. All Voyager software is © 1997-2009 Voyager International, all rights reserved. Patents Pending. Voyager SOFTWARE (back office) is licensed, never sold. Therefore no ownership rights to the user are either express or implied. GRANT OF LICENSE. This Section of the VULA describes Your general rights to install and use the SOFTWARE. The license rights described in this Section are subject to all other terms and conditions of this VULA. VOYAGER Back Office referes to the REAL ADVANTAGE Listing Manager Software used to host your listings, virtual tours, agent photos, and other information relatiing to your publishing of images and text for the display of information in your Website, the local MLS including Realtor.com The term: Voyager Office Websuite (TM) has been in use by Voyager since 1997. While this term or phrase bears a strikingly similar appearance to the term VOW (Virtual Office Website) which was coined by the National Association of Realtors in 2001, Voyager was the originator of the technology and as such, we reserve full rights to the term: VOW, as this term and the technology has been in continuous operation since March 1997. Our hosting software used for creating/managing your 360 virtual tours has been in continuous operation since March 1995. You, the user, are hereby granted a non-exclusive right to use this site for your own information and decision making purposes. You are free to download only the software and various Voyager logos where allowed. You may download and use any Voyager training or marketing materials providing that you (a) do not remove any of the copyright information and (b) that you make no alteration of such materials and use it for your own purposes whether for personal gain or not. You may NOT use any program to download, trace or reverse engineer any section of this Web site or transfer any part of this site to another computer or hard drive. This includes the use of spiders and all attempted hacking. You may NOT probe or test this site for hidden pages, or probe or test this Web site for areas that you are not allowed to normally access. You may NOT use any program to scrape or acquire any hidden navigation or protected area of this site. You may NOT use any program to attempt to gain any personal information including credit card information on any other member of this site. You may NOT use any other person's credentials to gain access to this site and/or protected client restricted ares of this site. You may NOT scrape any MLS information from any Voyager or Voyager MLS server in order to repurpose it on another server. You may NOT use any information on this Website to sell leads to any other party. You may NOT take any part of this information on any Voyager or any Voyager MLS server and resell or transfer it to any third party. You may NOT disguise your e-mail or identity and make any request in the name of another person who is a Realtor? member of this site. You may NOT attempt any ssl hacking of any Voyager or Voyager customer server or account in order to gain unauthorized access. You may NOT send any misleading emails or offers to any Voayger server, or Voyager customer account. Voyager will prosecute violators of any infraction of the ICANSPAM act to the fullest extent possible under law and Voyager will seek additional civil action against all such violators. Any and all such activities described above are reported to your state Bureau of Investigations (SBI) and the FBI. All access to the Voyager site is automatically logged and includes your computer's Internet Protcol (IP) number. This information is NOT displayed on any Voyager Web site. Please keep this in mind when using our site and our software. Voyager servers use PhatKey Security. We know WHO you are and WHERE you are the moment you access any of our systems. Voyager software. All of Voyager's listing management and MLS software runs over the Internet and cannot be downloaded onto any desktop computer. If you are working with any Voyager software product after 5 business days, your acceptance of the software license is automatic. You may NOT receive any refund for the Voyager back office once it has been assigned to you and you have gained access to the Voyager back office by your logging into the system with your username and password. Failure to read this disclaimer is not sufficient cause to warrant a refund under any circumstances. Voyager cannot restock time to set up the back office, nor can we resell your back office to another party. All sales on the Voyager back office whether sold individually or bundled with any camera system are final. No exceptions. You may NOT transfer or sell the Voyager software product, access to this site to any other party or license to any other person or entity without express written consent from Voyager. Listing Syndication. Kayyah SMS Mobile Marketing / Listings Data. Voyager will syndicate your listing data from the back office and push this to various other real estate portals. Your use of the Kayyah back office means you are 100% responsible for all language, content and accuracy of the information for the listings you create and manage. At no time will Voyager be responsible for any direct or indirect damages from your use of the Kayyah back office. We adhere to a strict code of ethics and we expect the same of anyone who posts real property information on Kayyah or any blog or website associated with Voyager. Any unsavory information that might be found to be listed in your account with clear evidence or intent to restrict the sale or lease of real property based on age, race or religion may constitute a violation of this VULA. Your account may be suspended indefinitely with no refund for any or all services that you might have paid. Voyager supports the Fair Housing Statement and expects all subscribers to Voyager's online systems do the same. LIMITED WARRANTY VOYAGER MAKES NO WARRANTY WHETHER EXPRESS OR IMPLIED THAT ALL OF VOYAGER SERVICES WILL BE 100% OPERATIONAL AND ERROR FREE 100% OF THE TIME. ANY VOYAGER SERVICE, IF INTERRUPTED WILL BE TEMPORARY, AND WILL BE CORRECTED TO A FUNCTIONAL STATE ONCE VOYAGER IS NOTIFIED OF THAT A POTENTIAL SERVICE INTERRUPTION MAY EXIST. YOU, THE USER, UNDERSTAND THAT YOU HAVE TO PROVIDE YOUR OWN INTERNET ACCESS IN ORDER TO ACCESS AND USE VOYAGER'S REALADVANTAGE VIRTUAL OFFICE WEB SITE AND OUR MLS SYSTEMS. THIS INCLUDES EMAIL SERVICES INCLUDING POP3 AND IMAP ACCOUNTS. VOYAGER IS NOT RESPONSIBLE FOR AT&T, SBCGLOBAL, QWEST, PACBELL OR ANY OTHER LOCAL TELECOMMUNICATIONS CARRIER THAT PROVIDES YOU, THE USER, WITH ACCESS TO THE INTERNET. VOYAGER IS NOT RESPONSIBLE FOR ANY LOST TIME, COMMISSIONS, LOST REVENUE OR ANY PROBLEM ASSOCIATED WITH YOUR USING ANY VOYAGER SYSTEM. WE ARE NOT RESPONSIBLE FOR VIRUSES, OR ANY SOFTWARE OR HARDWARE FAILURE THAT YOU MAY EXPERIENCE. YOUR SOLE REMEDY OF ANY DISSATISFACTION OF USING ANY VOYAGER PRODUCT OR SERVICE IS SIMPLY TO STOP USING IT. ANY ACCRUED HOSTING CHARGES, INCLUDING SEO AND OTHER VOYAGER SERVICES WILL BE DUE AND BILLABLE TO YOU FOR THE PERIOD OF TIME YOU HAVE USED ANY VOYAGER SERVICE. BACKUPS OF YOUR TOURS AND IMAGES AT NO TIME TIME WILL VOYAGER OR ANY AFFILIATE OF VOYAGER BE HELD ACCOUNTABLE FOR YOUR LACK OF KEEPING BACKUPS OF YOUR IMAGES, SLIDE SHOWS, AGENT PHOTOS OR VIRTUAL TOURS OF VIDEOS. VOYAGER PROVIDES TAPE BACK UP SERVICES, BUT SOMETIMES SOME BACKUPS MIGHT BE INCOMPLETE. ANY CLIENT REQUIRING A TAPE RESTORE DUE TO REPLACE MISSING PHOTOS, TOURS AND OTHER CONTENT DUE TO SERVER FAILURE, ACTS OF GOD, OUTAGE, VANDALISM OR BY END USER ACCIDENT WILL BE PROVIDE TO CUSTOMER AT $95 PER RESTORE, PER INCIDENT. VOYAGER INCLUDING VOYAGER CERTIFIED PHOTOGRAPHERS OR AFFILIATES WILL NOT BE HELD ACCOUNTABLE FOR ANY LOST TIME, OR COMPENSATORY DAMAGES DUE TO SUCH FAILURE IF AND WHEN IT MIGHT OCCUR. THE ONLY LEGAL COURSE OF ACTION AVAILABLE TO ANY CUSTOMER IS TO SIMPLY STOP USING VOYAGER - KAYYAH HOSTING SERVICES. CUSTOMER UNDERSTANDS THAT THEY ARE NOT ENTITLED TO ANY REFUND IF THEY ELECT TO TERMINATE VOYAGER HOSTING SERVICES. The above disclaimer applies to any failure, omission, computer virus, corrupted file, interruption of service, defect or delays, theft, unauthorized access or use, loss of revenue, loss of time, peeved clients, headaches, missed phone calls, getting yelled at by your broker, missed closing or showing appointments, corrupted client data when importing or exporting to Voyager's systems or any willful acts of God. In no event will Voyager or any of Voyager's authorized agents be liable to you for any indirect, consequential, exemplary, incidental, punitive damages, including lost commissions, MLS or RESPA violations even if Voyager has been advised of the possibility of such damages. In states where these laws do not apply, you are asked to find another listing management and hosting provider. It is not Voyager's responsibility to prescreen anyone from states where some or all of these laws do not apply. It is yours. Voyager Affliates & Resellers Websites. Voyager powers many websites for many photographers. The copyright tag on these sites that bear the © symbol means that all photographs taken by that Voyager Affiliate-Reseller belong to them. The exception here is where some photos are uploaded from the local MLS whereas certain copyrights for these photos may belong to that MLS. Unless a Form VA or Voyager contract for hire agreement has been executed between Voyager and the Affiliate-Reseller, no copyright transfers are either express or implied. Any legal action being brought against Voyager will be done in accordance with the state laws of New Mexico. ACCEPTABLE CONDUCT FROM VOYAGER AFFILIATES AND MLS LICENSEES Any Voyager licensee, reseller or affiliate that uses Voyager MLS hosting technology and or 360 virtual tour technology in their own business -- reselling hosting and real property marketing services are bound to a higher standard of customer service. Voyager will investigate and seek to resolve any customer service issues once a complaint is known. This includes but is not limited to, not posting virtual tour links in a timely manner to Realtor.com, not updating or maintaining accurate information for the listing, broker or agent, or taking money and not providing services in a timely manner to the client(s) that the Voyager affiliate/photographer serves. Pursuant to this policy, Voyager will charge the licensee the appropriate charges resulting from customer service neglect such as posting tours to Realtor.com. In addition, Voyager may charge a penalty fee to Voyager licensee for such customer neglect. Voyager reserves the right to reassign any client who is not getting proper service to another Voyager affiliate/photographer if Voyager determines the end customer is not receiving adequate services that they have already paid for but are not getting. IMPORTANT: Extreme cases of licensee business mismanagement and malpractice are defined as but not necessarily limited to: cases where Voyager licensee has a track record of not being able to pay for recurring services to Voyager, if moneys are being collected for linked services on Realtor.com and if the Voyager licensee is not paying said bills or providing adequate services to the REALTORS they service. If more than ten incidents of customer complaints have been documented and if the problems continue after licensee has been advised by Voyager, Voyager reserves the right to terminate the license and take over the servicing of the accounts or transfer them to another Voyager licensee with written notice to licensee. By accepting this VULA below, Licensee understands the risks of providing poor customer service.
Should You have any questions concerning this VULA, or if you desire to contact Voyager International for any reason, please contact the Voyager subsidiary serving Your country, or write: Voyager International Attn: VULA 7 Avenida Vista Grande B-7 #428 Santa Fe, NM 87508 USA |
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