Licensing agreement:

IN THIS DOCUMENT "YOU" MEANS A CLIENT OF CANADIAN VIRTUAL TOURS INC. WHO HAS RECIEVED A WRITTEN CONFIRMATION OF LICENSE AT THE TIME OF BILLING.

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CANADIAN VIRTUAL TOURS INC. (C.V.T.), RELATING TO THE LICENSING OF IMAGES BY C.V.T. TO YOU.

When you download image files from this web site, or receive image files from C.V.T. through any other means, or receive images from C.V.T. via film or any other medium, you agree to and accept all the terms of this agreement. If your actions are on behalf of your employer or another third party, then all the terms and conditions of this agreement apply to you and your employer or other third party. Images are not to be used in any manner without express written permission from C.V.T. All images are licensed under the terms and conditions as specified in this agreement and in the written permissions statement you will receive. No image licenses are valid until C.V.T. has received payment in full. Image usage without prior payment and C.V.T.'s express written permission is strictly prohibited. Images are not sold; their use is licensed and they remain the physical and intellectual property of C.V.T. the copyright holder. Images or image files cannot be distributed or re-sold independent from the specific use for which permission is granted and may not be used in a manner allowing permanent storage or re-use by third parties. No licenses may be sublicensed, transferred or assigned. You agree not to make, authorize, or permit any use of any image except as specifically set forth in this agreement and in the written permissions statement that you will receive. Failure to comply with any of the provisions of this agreement and in the written permissions statement that you will receive may result in immediate revocation of the license granted or termination of services.

License Granted for Images:

All licenses granted by C.V.T. for the use of images are on a non-exclusive basis, for a geographical distribution not limited to the country in which the license is granted, unless otherwise specified in the written permissions statement that you will receive. C.V.T. reserves the right to limit or prohibit the reproduction of an image for any reason whatsoever. Advance written permission is required to crop or use a detail from an image.

Copyright Protection:

Images licensed by C.V.T are under copyright and protected by the intellectual property laws of Canada and the Berne Convention. In the event that images are lincensed for reproduction of any kind, you agree to provide each reproduction of an image with a credit line that will be supplied to you in the written permissions statement that you will receive: (copyright sign, Canadian Virtual Tours inc.)

Releases and permissions:

The rights C.V.T. grants to you do not include a license to any persons, places, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. C.V.T. makes no representations or warranties that it owns or licenses any such rights nor does C.V.T. grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any image. Further C.V.T. makes no representation or warranty as to the accuracy of any information provided with the images. You are solely responsible for determining whether your use of any image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by C.V.T. If you are unsure of whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

Indemnification/ Limitation of Liability

You agree to hold Canadian Virtual Tours inc. (C.V.T.) harmless from any and all claims and expenses arising from your use of an image. Under all circumstances, C.V.T’s liability is strictly limited to the licensing fee for the use of the images involved.

Payment Terms:

No licenses are granted or images released until full payment of C.V.T's usage fee is received.

Unauthorized Use of Images:

In the event that you utilize any image without, or prior to, the receipt of a written permissions statement from C.V.T, or you utilize any image for any use other than that indicated on the written permissions statement, C.V.T. reserves the right to charge you a liquidated damages fee equal to four (4) times the usage fee we would have charged for such use of the image.

Return of Prints, Film, and Digital Files:

If you obtain reproductions of images from C.V.T. in the form of prints or film, you may retain the prints or film until your use has been completed as specified in the written permission statement that you will receive, but you must then return the prints or film to C.V.T. Digital files do not need to be returned but must be destroyed or deleted from server no later than 60 days after use has been completed as specified in the written permission statement that you will receive. You must obtain permission from C.V.T. to archive digital files. If permission is granted, files must be labeled pursuant to the Copyright Protection section of this agreement, and C.V.T. must be contacted to license the image(s) for each and every use.

No Waiver, Complete agreement:

The terms set forth in this agreement, together with the written permissions statement, represent our entire agreement concerning the delivery of images to you, your review and usage thereof. All prior understandings or representations, whether written or oral, based on "industry custom" or past dealings, are hereby merged in this agreement. No terms or conditions may be added, removed or modified unless made in writing and signed by both parties. No action of C.V.T., other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of C.V.T. is authorized to waive it orally. In the event C.V.T. waives any specific part of this agreement, it does not mean it waives any other part.

Arbitration:

A material part of this agreement is our mutual agreement to arbitrate disputes, except for copyright violations, which will be litigated solely in a Canadian court. Any and all disputes arising out of, under or in connection with the agreement, including without limitation its validity, interpretation, performance and breach, shall be settled by arbitration in Ontario, Canada pursuant to the rules of the Canadian Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, provincial or federal, having jurisdiction. You agree that the arbitrators shall award all costs of arbitration including legal fees, plus legal interest, to the successful party.

Governing Law and Jurisdiction:

This agreement, its validity and effect shall be interpreted under, and governed by, the laws of the Province of Ontario and shall be considered to have been made and accepted in Ontario, Canada.

Legal Fees:

If C.V.T. is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse C.V.T. for its legal fees and disbursements if C.V.T. is successful.

C.V.T. reserves the right to modify these terms and conditions at any time. Any changes will be posted on this page and we invite you to review this policy often and stay abreast of any changes.

Misc.

Any written licensing agreement(s) previously made by Toureality.com - Nathan Conover on or before March 30th, 2006, shall be assummed by C.V.T. and upheld pursuant to the terms and conditions defined herein until the end of the contract term definded in such agreement(s).

Have a question? Contact us at:
info@canadianvirtualtours.com