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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”).

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding terms for your use of the LCP360 Services. By using the LCP360 Services, you agree to be bound by this Agreement. You are only authorized to use the LCP360 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations and the terms of this Agreement. Please read this Agreement carefully. If you cannot or do not intend to accept and abide by the terms of this Agreement you must exit the LCP360 Platforms and discontinue use of the LCP360 Services immediately. This Agreement includes (i) LCP360’s policy for acceptable use of and content posted on the LCP360 Services, (ii) your rights, obligations and restrictions regarding your use of the LCP360 Services and (iii) LCP360’s Privacy Policy. Additional terms and conditions (“Additional Terms and Conditions”) may apply to your use of or participation in certain of the LCP360 Services. Unless otherwise provided by the Additional Terms and Conditions applicable to the LCP360 Services in which you choose to participate, those Additional Terms and Conditions are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@lcp360.com, Subject: Terms of Use Agreement.

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:

1. 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.
2. Term. This Agreement shall remain in full force and effect while you use the LCP360 Services.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Privacy Policy. The use of the LCP360 Services is also governed by the LCP360 Privacy Policy, which is incorporated into this Agreement by this reference.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.