Panoskin, LLC (hereinafter “Panoskin”, “we” or “us”) owns and operates www.panoskin.com, www.lcp360.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 Panoskin include the Platforms, Content, functionality or applications offered
from time to time by Panoskin in connection with the Panoskin Platforms (collectively, the “Panoskin Services”).
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 Panoskin Platforms and discontinue use of the Panoskin Services immediately. This Agreement includes (i) Panoskin’s policy for acceptable use of and content posted on the Panoskin
in certain of the Panoskin Services. Unless otherwise provided by the Additional Terms and Conditions applicable to the Panoskin Services in which you choose to participate, those Additional Terms and Conditions are hereby incorporated into
Panoskin may modify this Agreement from time to time and such modification shall be effective upon posting by Panoskin on the Panoskin Platforms. You agree to be bound by any changes to this Agreement when you use the Panoskin Services after
any such modification is posted. It is therefore important that you review this Agreement regularly.
Your use of the Panoskin Services is subject to the following specific terms:
Eligibility. Use of and registration for the Panoskin Services is void where prohibited. By using the Panoskin Services, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the Panoskin Services does
not violate any applicable law or regulation.
Term. This Agreement shall remain in full force and effect while you use the Panoskin Services.
Fees. You acknowledge that Panoskin reserves the right to charge fees for the use of the Panoskin Services and to change such fees from time to time in its sole discretion. If Panoskin terminates your use of the Panoskin 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 Panoskin 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 Panoskin. Illegal and/or unauthorized
use of the Panoskin 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 Panoskin
Platforms, is prohibited. Panoskin 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 Panoskin Services.
Proprietary Rights in Content on Panoskin. All content accessible via the Panoskin Services (including without protection the identity of customers, sponsors and affiliates of Panoskin) (collectively, “Panoskin Content”) is protected by
copyright, trademark, patent, trade secret and other laws, and Panoskin owns or has the right to use and retains all rights in the Panoskin Content and the Panoskin Services. Except as otherwise set forth herein or elsewhere within the
Panoskin Services, Panoskin hereby grants you a non-exclusive, revocable, non-sublicensable, limited license to reproduce and display the Panoskin Content (excluding any software code) solely for commercial use in connection with using
the Panoskin Services.
The Panoskin Services contain content of other persons and entities including customers, sponsors, affiliates, and other Panoskin 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 Panoskin Services. See “Additional Terms and Conditions Relating to Uploading of User Content to Panoskin Services” for additional information.
Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the Panoskin Platforms and through your use of the Panoskin Services (“Prohibited Activity”). Panoskin reserves the right to investigate
and take appropriate legal action against anyone who Panoskin 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 Panoskin Services other than someone authorized by Panoskin. 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 Panoskin 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 Panoskin Services or the networks or services connected to the Panoskin Services;
using any information obtained from the Panoskin Services in order to harass, abuse, or harm another person; or
using the Panoskin 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 Panoskin to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Panoskin 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 Panoskin 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 Panoskin 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. Panoskin's Copyright Agent for notice of claims of copyright infringement can be reached at copyright@Panoskin.com.
Disclaimers. Panoskin is not responsible for any incorrect or inaccurate content posted on the Panoskin Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the
Panoskin Services. The Panoskin Services may contain links to other websites. Panoskin 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 Panoskin. Inclusion of any linked website on the Panoskin Services does not imply approval or endorsement of the linked website by Panoskin. When you access these third-party sites, you do so at your own
risk. Panoskin takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. Panoskin is not responsible for the conduct, whether online or offline,
of any user of the Panoskin Services. Panoskin 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 Panoskin Services. Panoskin 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 Panoskin 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 Panoskin Services. Under no circumstances shall Panoskin be responsible for any loss or damage, including personal injury or death, resulting from use of the Panoskin Services, attendance or participation
in a Panoskin event or promotion, from any content posted on or through the Panoskin Services, or from the conduct of any users of the Panoskin Services, whether online or offline. The Panoskin Services are provided “AS-IS” and as available
and Panoskin expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Panoskin cannot guarantee and does not promise any specific results from use of the Panoskin Services.
Limitation on Liability. IN NO EVENT SHALL Panoskin 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 Panoskin SERVICES,
EVEN IF Panoskin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Panoskin’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 Panoskin FOR THE Panoskin SERVICES DURING THE TERM OF YOUR USE OF THE Panoskin SERVICES.
Disputes. If there is any dispute about or involving the Panoskin 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 Panoskin or you may demand that any dispute between Panoskin and you about or involving the Panoskin 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 Panoskin from seeking injunctive relief in a court of competent
Indemnity. You agree to indemnify and hold Panoskin, 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 Panoskin 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 Panoskin Platforms or any of the Panoskin Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and Panoskin regarding the use of the Panoskin Services.
The failure of Panoskin 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. Panoskin and PanoSkin are trademarks of Panoskin. 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.