Collection and Use of Personal Information.
You are not required to provide us with personal information to use the Platforms. You do, however, have the option to provide us with certain limited personal information including, but not limited to, your name, the name of your school or college, your address, phone number, and email address. We may also collect information about you through a number of other methods including those outlined below. When you participate in special events such as sweepstakes, contests, surveys and polls, you may be asked to provide further personal information.
If you choose to post messages, comments or other information in one or any of the Platforms, we may maintain on the Platforms such information about you as you choose to disclose in your posting.
If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you. We may maintain a record or notes of communications with you regarding your account.
We use Log Files/GPS data on certain of the Platforms to collect and store certain information that your browser sends whenever you visit a website. These server logs may include, but is not limited to, internet protocol addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, for various purposes, including, but not limited to, to analyze trends, to administer the Platforms, to track users’ navigation around the Platforms and to gather demographic information. We may link this automatically collected data to personal information you provide to us.
Clear Gifs (Web Beacons/Web Bugs)
We use clear gifs on certain of the Platforms for various purposes, including, but not limited to, to help us better manage content across our Platforms by indicating to us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the browsing of users. In contrast to cookies, which are stored on a user’s computer, clear gifs are embedded invisibly on web pages. We tie the information gathered by clear gifs to personal information you provide to us.
How We Use Your Personal Information.
We use your personal information for various purposes, including, but not limited to, to provide you with products or services that you have requested, to respond to questions or communications from you, and to contact you. In addition, we may send to you e-mails including, but not limited to, e-mails offering products or services which we think you may be interested in or to ask you to participate in a survey.
Where applicable, we may also use your information in order to process your credit card payments, to fulfill your orders and/or requests, to facilitate your viewing of our Platforms, to communicate with you, and to provide you with information about the Platforms, and some of our partners and third party companies in which we think you may be interested. We also use this information to compile broad demographic and usage information about our users in general that does not contain anything that could be used to identify you personally.
We may use IP addresses and anonymous demographic information to tailor your experiences at our Platforms by showing content in which we think you will be interested and displaying content according to your preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis.
We use information collected to evaluate and improve our services. We may develop and use, in our sole discretion, consumer research, which may be based on your use of our services.
How We Share Your Personal Information.
In some cases, we will share information we collect (including personal information and/or anonymous demographic information) with third party companies, including, but not limited to, parties that may offer products or services in which we believe you may be interested, and with colleges, universities and other entities with whom LCP360 has a customer or other contractual relationship, or prospective relationship. We also share this information with third parties with whom we partner to carry out promotions or other business activities, including but not limited to, co-promoting and administering sweepstakes and contests.
We may also share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Platforms.
We may also disclose your information in special cases if required to do so by law, court order or governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of LCP360, another user or anyone else that could be harmed by such activities.
In the event of a change in ownership or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all information collected in connection with the Platforms, including, but not limited to, email addresses and other personal information, to a separate entity.
Use and Disclosure of Non-Personally Identifiable Information.
We may use the non-personally identifiable information we collect to analyze how the Platforms are used for various purposes, including to improve the design and content of the Platforms and to assist us in personalizing the user experience. We may share non-personally identifiable information with others, including, but not limited to, but not limited affiliated and non-affiliated companies.
Receipt of Communications; Opt-Out.
If you would prefer not to receive marketing or promotional e-mails from us that may relate, for example, to new product or services or offerings, you may opt-out of receiving these communications by writing to us at privacy@LCP360.com or by using the opt-out mechanism that is contained in an email.
Following your opt-out, please be aware that we, or our affiliates or clients, may continue to contact you by email or postal mail or other means for administrative or informational purposes, including, but not limited to, follow-up messages regarding the administration of your account, any products, services, features or functions you have affirmatively enrolled in or registered to use, goods, services or products you have ordered or other transactions you have undertaken across the Platforms.
Your Privacy Rights.
Clients who have an established business relationship with LCP360 may choose to opt out of LCP360 disclosing personal information about them to third parties for marketing purposes. If you do not want us to share your personal information with such third parties, please send us your name, email address, street address and phone number to email@example.com. Your opt out request will be processed within 30 days of the date it was received.
Blogs, Discussion Groups and Other Community Tools.
We may, from time to time, make blogs, discussion groups and other community tools available to you on certain sections of the Platforms. Any information that is disclosed in these areas becomes public information for other users to view and for us to use as we deem appropriate. You should carefully consider whether to disclose your personal information in these areas, since anyone may access your publicly posted information.
Third Party Advertisers.
We may engage an advertising partner to serve advertisements across the Platforms. If we do so, we may share information, including, but not limited to, usage information, about users with such party for the purpose of targeting the advertisements across the Platforms.
Links to Other Sites.
The Platforms may contain links to other Internet sites, resources and sources of LCP360. By clicking on any banner advertisement or other link, you will be redirected off the Platforms and to third party websites. LCP360 is not responsible for the privacy policies or content of such websites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding external links to the site administrator or webmaster of that third party website.
Security of Information.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is entirely secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Information Regarding Children
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
How to Contact Us.
Lights Camera Pixels, LLC (hereinafter “LCP360”, “we” or “us”) owns and operates www.lcp360.com, www.panoskin.com, and certain other platforms over which it delivers its products and services (the “Platforms”). The Platforms provide virtual tours, including but not limited to Photography, Videography and 3D of various buildings, rooms and facilities, and other products and services. The products and services offered by LCP360 include the Platforms, Content, functionality or applications offered from time to time by LCP360 in connection with the LCP360 Platforms (collectively, the “LCP360 Services”).
LCP360 may modify this Agreement from time to time and such modification shall be effective upon posting by LCP360 on the LCP360 Platforms. You agree to be bound by any changes to this Agreement when you use the LCP360 Services after any such modification is posted. It is therefore important that you review this Agreement regularly.
Your use of the LCP360 Services is subject to the following specific terms:
Eligibility. Use of and registration for the LCP360 Services is void where prohibited. By using the LCP360 Services, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the LCP360 Services does not violate any applicable law or regulation.
Term. This Agreement shall remain in full force and effect while you use the LCP360 Services.
Fees. You acknowledge that LCP360 reserves the right to charge fees for the use of the LCP360 Services and to change such fees from time to time in its sole discretion. If LCP360 terminates your use of the LCP360 Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.
Non-commercial Use by Users. The LCP360 Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by LCP360. Illegal and/or unauthorized use of the LCP360 Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the LCP360 Platforms, is prohibited. LCP360 reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the LCP360 Services.
Proprietary Rights in Content on LCP360. All content accessible via the LCP360 Services (including without protection the identity of customers, sponsors and affiliates of LCP360) (collectively, “LCP360 Content”) is protected by copyright, trademark, patent, trade secret and other laws, and LCP360 owns or has the right to use and retains all rights in the LCP360 Content and the LCP360 Services. Except as otherwise set forth herein or elsewhere within the LCP360 Services, LCP360 hereby grants you a non-exclusive, revocable, non-sublicensable, limited license to reproduce and display the LCP360 Content (excluding any software code) solely for commercial use in connection with using the LCP360 Services.
The LCP360 Services contain content of other persons and entities including customers, sponsors, affiliates, and other LCP360 licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the LCP360 Services. See “Additional Terms and Conditions Relating to Uploading of User Content to LCP360 Services” for additional information.
Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the LCP360 Platforms and through your use of the LCP360 Services (“Prohibited Activity”). LCP360 reserves the right to investigate and take appropriate legal action against anyone who LCP360 believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:
criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services through the LCP360 Services other than someone authorized by LCP360. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the LCP360 Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the LCP360 Services or the networks or services connected to the LCP360 Services;
using any information obtained from the LCP360 Services in order to harass, abuse, or harm another person; or
using the LCP360 Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of LCP360 to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to LCP360 by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the LCP360 Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the LCP360 Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LCP360's Copyright Agent for notice of claims of copyright infringement can be reached at copyright@LCP360.com.
Disclaimers. LCP360 is not responsible for any incorrect or inaccurate content posted on the LCP360 Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LCP360 Services. The LCP360 Services may contain links to other websites. LCP360 is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LCP360. Inclusion of any linked website on the LCP360 Services does not imply approval or endorsement of the linked website by LCP360. When you access these third-party sites, you do so at your own risk. LCP360 takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LCP360 is not responsible for the conduct, whether online or offline, of any user of the LCP360 Services. LCP360 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LCP360 Services. LCP360 is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LCP360 Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the LCP360 Services. Under no circumstances shall LCP360 be responsible for any loss or damage, including personal injury or death, resulting from use of the LCP360 Services, attendance or participation in a LCP360 event or promotion, from any content posted on or through the LCP360 Services, or from the conduct of any users of the LCP360 Services, whether online or offline. The LCP360 Services are provided “AS-IS” and as available and LCP360 expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LCP360 cannot guarantee and does not promise any specific results from use of the LCP360 Services.
Limitation on Liability. IN NO EVENT SHALL LCP360 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LCP360 SERVICES, EVEN IF LCP360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LCP360’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LCP360 FOR THE LCP360 SERVICES DURING THE TERM OF YOUR USE OF THE LCP360 SERVICES.
Disputes. If there is any dispute about or involving the LCP360 Services, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Illinois. Either LCP360 or you may demand that any dispute between LCP360 and you about or involving the LCP360 Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Chicago, Illinois, USA, provided that the foregoing shall not prevent LCP360 from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold LCP360, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the LCP360 Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other. By using the LCP360 Platforms or any of the LCP360 Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LCP360 regarding the use of the LCP360 Services. The failure of LCP360 to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LCP360 and PanoSkin are trademarks of LCP360. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.