Please read the following Terms
of Use and Disclaimer (the "Terms")
carefully before using our website, located at www.homepix.tv
(the "Site"). By using this Site, you agree to these
Terms. If you do not agree to these Terms, please do not use
the Site. We reserve the right, at any time, to modify, alter,
or update these Terms, and you agree to be bound by such modifications,
alterations, or updates.
Copyright; Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive
elements and the selection and arrangement thereof on the Site are
copyright © 2006-2010 www.homepix.tv Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print hard copies
of portions of the Site for the sole purpose of placing an order on
the Site or using the Site as a shopping resource.
The materials used and displayed
on the Site, including but not limited to all text, software,
photographs, graphics, illustrations, artwork, video, music,
sound, names, logos and trademarks are, unless otherwise
indicated, the property of HOMEpix.tv Inc,
its advertisers or licensors and are protected by
copyright, trademark, and other laws.
Any use of the Site and/or the Proprietary
Materials, except as expressly set forth herein, including
reproduction for purposes other than those noted above, modification,
distribution, dissemination, retransmission, broadcasting
or republication, without prior written permission of homepix.tv
is strictly prohibited.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, HOMEPIX.TV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF
THE UNIFORM COMMERCIAL CODE. IN ADDITION, HOMEPIX.TV DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION ON LIABILITY
IN NO EVENT SHALL HOMEPIX.TV, INC. NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES,
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT
ARE NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER HOMEPIX.TV
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. Total liability hereunder for damages, regardless
of the nature of any claim or form of any action, shall not exceed
the total amount that has been paid to HOMEpix.tv; by such claimant.
ACCOUNT TERMINATION POLICY
HOMEpix.tv has the right to immediately terminate any account if a Customer threatens, is abusive
FEES AND CHARGES
HOMEpix.tv fees and charges may change from time to time. We may introduce
new products and services at special introductory pricing. At our discretion,
we may change pricing or the subscription renewal payment policies or terms. Where required by law, we will send notification of any modifications or changes to your email address on file with us.
Subscription Renewal Cancellation Policy
The HOMEpix.tv Customer is required to request in writing via email all 1 Realtor, 5 Realtor, 10 Realtor, and 25 Realtor subscription account renewal cancellations 7 days prior to the renewal charge date. If customer fails to do so then Customer agrees to be charged for their 1 Realtor, 5 Realtor Users, 10 Realtor Users or 25 Realtor Users account subscription renewal charge on their credit card on file. Two emails will be sent to Customer 21 days prior to charge date requesting whether the Customer wants to continue with their HOMEpix.tv single or multi user subscription account for another 6 months or 1 year term of service.
Acceptance of an Order
The receipt of an e-mail order confirmation does not constitute the acceptance
of an order or a confirmation of an offer to sell. HOMEpix.tv reserves
the right, without prior notification, to modify the limit the order quantity
on any item and/or refuse service to any customer. Verification of
information may be required prior to acceptance of an order.
Your order will be processed within seconds of placement. You will be
contacted if there are delays in processing your order.
Any activity on our network that is a violation
of any state or federal law
is a violation of this policy and will result in immediate termination of
service. Any termination of any and all subscriptions for Illegal Activity
as defined herein is not eligible for any pro-rata refunds of unexpired or
unused subscription time. Without limitation, you may not use the web site
1. Transmit obscene materials
2. Intentionally spread or threaten to spread computer viruses
3. Gain or attempt to gain unauthorized access to any network, including
HOMEpix.tv's network operating center infrastructure
4. Access or attempt to access information not intended for you
5. Transmit pirated software
MISUSE OF HOMEpix.tv virtual tours
You are not permitted to upload personal videos or photos that are not
related to a legitimate Real Estate listing. All personal videos or slides shows will be removed
immediately from your HOMEpix.tv account without warning.
Annual HOMEpix.tv Account Audits
HOMEpix.tv reserves the right to periodically audit each HOMEpix.tv Realtor account to determine
if the User is in compliance with the HOMEpix.tv "Terms Of Site Use". If any violation or misuse of
a HOMEpix.tv account is detected then a full investigation including computer and server forensics
will be conducted for which the HOMEpix.tv Realtor User account subscriber/owner agrees to pay for and be
charged no less than a $1000.00 fee on their credit card on file.
Single User Realtor Account Usage Rules
Realtors and or Brokers who purchase a HOMEpix.tv Single User Realtor Account for either six months
or one year agree that the account is to be used solely by one Realtor for
their own valid property listings that exist in a MLS system.
Single HOMEpix.tv Realtor Account Team Usage Policy
Realtor agrees that their single HOMEpix.tv account that they purchased from HOMEpix.tv may not be used by a team of Sales People, sales Associates, Realtors, Associate Realtors, Brokers or Associate Brokers without paying for a valid multi user account. For example: If a Realtor or Broker has 25 Sales Associates or Realtors, or Broker Agents, or anyone selling any of the listings that are in their single HOMEpix.tv Realtor account, then they must purchase a 25 Multi-user Realtor account from HOMEpix.tv. All HOMEpix.tv Multi-user Realtor accounts must be paid for and authorized by HOMEpix.tv. All HOMEpix.tv Users who are found violating the Single HOMEpix.tv Realtor Account Team Usage Policy agree to pay for and be charged a fee of no less than $1000 on their credit card on file for the cost of the forensics work in addition to $119.95 per year for each and every unauthorized Realtor, Sales person, or Broker in their company who is using their single Realtor account to sell the Real Estate listings that were created using the offending single Realtor HOMEpix.tv account. Furthermore the offending HOMEpix.tv account may be suspended during the forensics investigation. When the offending Realtor has signed the required "HOMEpix.tv Account Violation Stipulations" document and paid HOMEpix.tv in full for every additional Sales person or user in their Company or Team for each year that they have been using their single HOMEpix.tv license/account to sell their listings then the single Realtor account may be reinstated.
HOMEpix.tv Account Name and eMail address Policy
A single HOMEpix.tv account and its access code may not be used without a valid Realtor's name and eMail address in the "Edit Realtor's Info"
fields in their HOMEpix.tv account. All violators agree that they will be charged a forensics fee of no less than $1000 on their credit card on file and the offending HOMEpix.tv account will be suspended pending a full investigation.
Video Tour Upload Usage Rules
Uploaded videos must not exceed 3 minutes in playing time length. HOMEpix.tv
reserves the right to immediately remove any video that violates this policy.
Furthermore if a User continues to violate this policy, HOMEpix.tv reserves
the right to disable the offenders HOMEpix.tv account and access code permanently.
COPYRIGHTED MUSIC, VIDEOS OR PHOTO IMAGES
HOMEpix.tv does not allow copyrighted materials in its virtual tours unless you have a license to use
At HOMEpix.tv we strive to maintain the highest
quality of standards. To receive a refund, you
must call a HOMEpix.tv Customer Care Representative
at 1-678-528-1740 within 30 days upon ordering any HOMEpix.tv
Customer Login Access Code.
HOMEpix.tv and its advertisers do not review or monitor any websites linked to
the Site and are not responsible for the content of any such linked
websites. Your use of such websites is at your own risk.
The Terms and any disputes arising out of or related to use of the Site
including, without limitation, the information, services, products
and materials contained therein, shall be governed by, and construed
and enforced in accordance with, the laws of the State of Delaware,
giving no effect to its conflicts of law principles.
You hereby submit to the exclusive jurisdiction of the federal and state
courts of Delaware with respect to any dispute or controversy regarding
these Terms or arising out of or related to use of the Site and you
hereby submit to the personal jurisdiction in any such action.