Pegasus Digital Tours Terms of Service

Effective Date: January 1, 2024

This Terms of Service Agreement ("Agreement") is entered into by and between Pegasus Industries LLC ("Company," "we," "us," or "our") and you, the user (hereinafter referred to as "User," "you," or "your"). This Agreement governs your use of the virtual tours and associated services (the "Services") provided by the Company in collaboration with our clients. By accessing or using our Services, you agree to be legally bound by this Agreement. If you do not agree with any of these terms, you must not use the Services.

1. Acceptance of Terms

By using the Services, you confirm that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy.

2. Definitions

  • "Services": Refers to all virtual tour offerings, content, and functionalities available through the Company, whether created independently or in partnership with our clients.
  • "Content": Includes all text, images, multimedia, videos, and other materials provided by the Company as part of the Services.
  • "User": Any individual accessing or using the Services provided by the Company.

3. User Obligations

3.1 Compliance with Laws

You agree to adhere to all applicable local, state, national, and international laws and regulations in connection with your use of the Services.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities that are aimed at preventing potential misuse:

  • Using the Services for any illegal purpose or in violation of any applicable laws.
  • Attempting to access, tamper with, or use non-public areas of the Services or Company's computer systems.
  • Interfering with, disrupting, or attempting to gain unauthorized access to servers or networks connected to the Services.
  • Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Using the Services to stalk, harass, or harm another individual.
  • Collecting, harvesting, or storing any personally identifiable information from the Services from other users without their express permission.
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software, code, or algorithms used to provide the Services.
  • Using any automated means, including robots, spiders, or data mining tools, to access, scrape, or index any portion of the Services.
  • Uploading any content that contains anything that is hateful, defamatory, sexist, racist, pornographic, abusive, or otherwise offensive.
  • Engaging in any conduct that restricts or inhibits any other user from fully enjoying the Services.
  • Using the Services in any manner that could damage, disable, overburden, or impair the provision, availability, or function of the Services.

4. Intellectual Property

All rights, title, and interest in and to the Services and Content, including all associated intellectual property rights, are and will remain the exclusive property of the Company and its licensors. You acknowledge that the Services and Content are protected by copyright, trademark, and other intellectual property laws.

4.1 Unauthorized Use Prohibited: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms. You may not engage in any of the following without prior express written consent from the Company:

  • Download, reproduce, distribute, modify, publicly display, or prepare derivative works based on any part of the Services or Content without explicit permission.
  • Using any Content from the Services for commercial purposes or for any purpose that competes with the Company’s business.
  • Circumventing, disabling, or interfering with security-related features of the Services or any systems that prevent unauthorized access to, or copying of, any Content or materials.
  • Using any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to the Company’s servers than a human can reasonably produce in the same period of time using a conventional online web browser.

5. Use of User-Generated Content

If you submit or upload any User-generated content (e.g., comments, reviews), you grant the Company a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, modify, adapt, publish, and create derivative works from such content in connection with providing the Services. You represent and warrant that any such content does not violate any intellectual property rights of others, and that you have the legal right to grant such licenses to the Company.

6. Third-Party Links

The Services may contain links to third-party websites that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party websites at your own risk and should review their terms and privacy policies before using them.

7. Limitation of Liability

To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: (a) your use or inability to use the Services; (b) unauthorized access to or alteration of your transmissions or content; (c) any content obtained from the Services; or (d) any other matter relating to the Services.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from your use of and access to the Services or your violation of these Terms.

9. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Amendments

The Company reserves the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. It is the responsibility of the user to review these Terms periodically to remain informed of any modifications.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

12. Contact Information

If you have any questions regarding these Terms, please contact us via our Contact Page.