1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
Welcome to the www.ilookabout.com and cp.ilookabout.com websites (collectively the "Service") provided to you by iLOOKabout Inc. ("iLOOKabout"). By using the Service, you agree to be bound by the following terms and conditions of use of the Service, and any changes or modifications made and published online by iLOOKabout from time to time without notice to you (herein collectively referred to as the "Terms of Service"). Please read them carefully. You can read the most current version of the Terms of Service at any time at: cp.ilookabout.com/termsofservice
THESE TERMS OF SERVICE GIVE THE MEMBERS (AS DEFINED IN PARAGRAPH 2 HEREOF) CERTAIN RIGHTS AND RESPONSIBILITIES. SHOULD ANY MEMBER DISAGREE TO BE BOUND BY THESE TERMS, THEY MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE. BY COMPLETING THE REGISTRATION PROCESS/FORM, AND CLICKING ON THE “I HAVE READ AND AGREE WITH THE TERMS OF SERVICE” CHECKBOX, EACH MEMBER AGREES TO BE BOUND BY THESE TERMS OF SERVICE, ALONG WITH ANY CHANGES TO THE TERMS OF SERVICE SUBSEQUENTLY MADE BY ILOOKABOUT, AND AGREES TO REGULARLY REVIEW THESE TERMS OF SERVICE TO ENSURE THAT THEY ARE INFORMED OF ANY MODIFICATIONS AND ADHERE TO ANY SUCH MODIFICATIONS. YOU FURTHER AGREE THAT THESE TERMS OF SERVICE FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND ILOOKABOUT, AND THAT THIS AGREEMENT CONSTITUTES “A WRITING SIGNED BY YOU” UNDER ANY APPLICABLE LAW OR REGULATION. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ILOOKABOUT.

2. DESCRIPTION OF SERVICE
The Service provided to you includes; image editing, image and file uploading, the processing of base images into virtual tours or virtual slideshows, virtual tour and virtual slideshow hosting, and an administrative and management interface for members of the Service (herein called "Members"). The uploaded information including; data, text, files, photographs, graphics, software, hyperlinks, or other materials submitted to the Service (herein collectively referred to as "Content") provides Members the capability of creating and/or managing virtual tours and virtual slideshows. Any and all changes made to the Service, including without limitation the addition of new features to the Service shall be subject to the Terms of Service.
In order to use the Service, you must obtain access to the World Wide Web and provide all equipment necessary to make such connection to the Web including a computer, modem or other access device. Members may only access the Service through the interface provided by ILOOKabout, generally accessible worldwide. However, access may not be available to all Members in all locations and ILOOKabout reserves the right to limit access to the Service by any Member. While limited free support is provided, you acknowledge and understand that ILOOKabout is not required to provide any free assistance, including any technical or customer support, in connection with the Service and that your use of the Service is entirely at your own risk.

3. USER REGISTRATION, PASSWORD AND SECURITY
In order to use the Service, you are required to complete a registration form containing personal information, including your first and last name, your e-mail address, a user name and a password. If you decide to purchase the Services of ILOOKabout, you will also be required to provide billing, credit card and payment information, as well as agree to pay any and all applicable fees. You agree to provide true, accurate, current and complete information about yourself (including your email address which will be used by ILOOKabout as the primary method of communication to the Member), as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your Member profile, as required. If any information provided is not true, accurate, current or complete, or ILOOKabout has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then ILOOKabout shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. All amounts paid in advance to ILOOKabout are non-refundable.
You acknowledge that ILOOKabout reserves the right to refuse to grant you membership on the basis of activities: (a) that may be illegal, (b) that is determined by ILOOKabout, in its sole discretion, to be obscene or profane, (c) that was registered without the intent of use, (d) that was registered with the intent of impersonating another party, (e) that is otherwise determined by ILOOKabout, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify ILOOKabout immediately if you believe that the security of your password has been compromised. You acknowledge that ILOOKabout does not protect any Member from the unauthorized use of his/her/its password and ILOOKabout shall not be held liable for any loss that a Member may incur as a result of someone else using their password or account, either with or without their knowledge.

4. MEMBER CONDUCT
You represent, warrant , covenant and agree that you will not:
(a) use the Service for illegal purposes;
(b) upload, post, publish, transmit, reproduce any (i) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) Content that violates or infringes in any way upon the rights of others, including Content which is inaccurate, false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libelous, tortuous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable; (iii) Content that is pornographic, sexually explicit or contains nudity; (iv) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) Content which contains software, software viruses, including Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (vi) Content that consists of links to other websites that contain Content not in compliance with the Terms of Service; or (vii) Content that you know, or reasonably should know, cannot be legally distributed in such manner;
(c) engage in conduct which in ILOOKabout' sole discretion restricts or inhibits other users from using or enjoying the Service;
(d) create a false identity for the purpose of misleading others, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(e) harm minors in any way;
(f) forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any Content transmitted through the Service, to acquire unauthorized access to restricted areas of the Service, or for any other purposes;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h) use meta tag searches or any automated queries of any sort on the Service;
(i) violate any applicable local, provincial, state, national, or international law or any regulations having the force of law;
Should you be found to be in violation of any of paragraph 4 herein, your membership may be terminated immediately, without notice to you, in accordance with paragraph 11 herein ILOOKabout does not review, screen or edit Content uploaded to any Members’ account. Members with Master Account Privileges have the obligation to monitor, edit or remove any Content transmitted or received through the Service to their sub-accounts if the Content violates the Terms of Service. Notwithstanding the rights or obligations of Master Account holders, ILOOKabout reserves the right (but is under no obligation) to monitor, edit or remove any Content transmitted or received through the Service if the Content violates the Terms of Service, or if ILOOKabout otherwise deems the Content objectionable. You acknowledge and agree that ILOOKabout may preserve Content or disclose the Content, if required by law to do so or if it believes in good faith that the preservation or disclosure is reasonably necessary to (i) comply with local process, (ii) enforce the Terms of Service, (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of ILOOKabout, users of the Service and members of the public.

5. USE OF PERSONAL INFORMATION AND PRIVACY
You acknowledge that if you register with ILOOKABOUT, certain information may be disclosed to third parties regarding the Members in an aggregated form, provided such information will not provide personal identifying information about you except if authorized by you or if ILOOKabout believes, in good faith, that disclosure is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service or to protect itself, the Members or others. In addition, due to the nature of the Internet and other factors, privacy in your communications cannot be assured and this should always be considered when deciding to transmit confidential or other information through the Service. For additional information relating to the privacy policy of ILOOKabout, please refer to the policy at http://www.ilookabout.com/privacy

6. YOUR COPYRIGHTS
iLOOKabout claims no ownership rights in any image contained in any Member account. Please note, however, that when you share a images, you allow the recipients of images to share, redistribute, copy, and print the images. For the sole purpose of displaying your images through the Service and any distributed portals, you grant to iLOOKabout a non-exclusive, royalty-free license to use, copy, distribute, and display those images.

7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ILOOKabout and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, or your violation of the Terms of Service. ILOOKabout reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

8. RESALE OF SERVICE
Should you enter into any third-party relationships as a result of reselling this Service, you acknowledge and agree that such third-party relationships are strictly between you and said third-party and that ILOOKabout shall not be held liable for any dealings you may have with any such third parties. You also agree that any fees payable to ILOOKabout for use of the Service are payable regardless of any amounts due from any third-party relationships you may have and under no circumstance will ILOOKabout he held liable for any non-payment of any fees charged by you to any User.

9. STORAGE, RESOURCES AND BACKUP
You acknowledge and agree that ILOOKabout shall not be responsible for the deletion, miscommunication or the failure to store any Content on the Service. ILOOKabout may establish limitations on the amount of memory, disk space, activity, bandwidth or any other resource available for each Member of the Service. ILOOKabout performs regular backups of all Content and stores it for a limited time. Subject to Sections 3 and 11 hereof, ILOOKabout will make reasonable efforts to restore the Content of a given community upon payment of the fee for such service. ILOOKabout shall not be liable for any failure to backup or restore such Content, nor shall it be liable for any for interruptions, delays, unavailability, or suspensions of access to the Service, for whatever reason and however caused.

10. MODIFICATIONS TO SERVICE
ILOOKabout reserves the right from time to time, and at any time, to modify, suspend or discontinue the Service (or any part thereof) with or without notice to you and you agree that ILOOKabout shall not be liable to you or to any third party as a result of any modification, suspension or discontinuance of the Service.

11. TERMINATION
Except as otherwise provided in a separate written agreement between you and ILOOKabout you agree that ILOOKabout may, in its absolute and sole discretion, terminate your account, and your access to and use of the Service, and may remove and discard any Content on any of your communities at any time for any reason, including, without limiting the generality of the foregoing: (a) a determination by ILOOKabout that you have violated or are threatening to violate the Terms of Service or any other published policy of ILOOKabout or its Third Party Providers, (b) a determination by ILOOKabout that you have accessed or are attempting to access any part of the Service without authorization, or (c) the discontinuance by ILOOKabout of the Service, or any part thereof, for any reason whatsoever. You also acknowledge that ILOOKabout may in its sole discretion, terminate your membership if your user name, email address or any of the information you have entered as part of your membership record is offensive or inaccurate. You further acknowledge and agree that ILOOKabout reserves the right to delete any Member that is unpaid and/or inactive for a period greater than 1 year, unless provided otherwise in a separate written agreement between you and ILOOKabout. You acknowledge and agree that any actions taken by ILOOKabout under this paragraph may be effective without prior notice to you and you further acknowledge and agree that ILOOKabout may immediately delete your Members account and bar you from any further access to the Service. Further, you acknowledge and agree that ILOOKabout shall not be liable to you or to any third party for any actions taken by ILOOKabout under this paragraph, including without limitation, the termination of your access to the Service. A termination, pursuant to the Terms of Service, may be made without notice and will be effective immediately. Upon termination: (i) ILOOKabout may remove the Member account from its servers and destroy all Member Content; and (ii) where applicable, any and all remaining fees payable for the Service will become due and payable immediately by Member. In no event will any fees or amounts paid in advance for any Service become refundable upon termination of the Service in accordance with the terms of the Terms of Service. Where a Member’s access to the Service is terminated pursuant to the Terms of Service, such Member shall be prohibited from re-registering for, or continuing to use, the Service in any manner and/or for any reason whatsoever.

12. FEES and CANCELLATION
The Service is provided on a transaction or subscription basis for your personal and commercial use. iLOOKABOUT charges a fee for processing and hosting virtual tours and virtual slideshows uploaded using the Service. While membership does not involve fees, processing and hosting fees require immediate payment using the iLOOKabout online credit card payment gateway. ILOOKabout may, from time to time, use Resellers to sell the Service. Should payment be made by a Member to a Reseller and said Reseller fails to pay ILOOKabout, Member agrees that ILOOKabout may, in its sole discretion, discontinue use of Service until such time as all amounts due to ILOOKabout are paid in full. The Member is responsible for paying all applicable taxes.
Members subscribing to the Service are billed as of the day the subscription is purchased. Subscription fees will be assessed in accordance with the published prices of ILOOKabout at the time of subscription. Subscription Fees are billable to and payable by the Member subscribing to that membership. Cancellation of any subscription can only be done by ILOOKabout or the original subscribing Member. For billing purposes, cancellation of any subscription will take effect as of the last day to which the Member has prepaid the Subscription Fees (if applicable), or, where a Member has not prepaid any Subscription fees, cancellation will take effect as of the day the cancellation request is received by ILOOKabout. Upon receipt of a valid cancellation request, ILOOKabout may deactivate the subscription at any time. All amounts paid in advance to ILOOKabout are non-refundable.

13. TRADEMARKS
All trademarks, service marks, and logos used and displayed in the Service are the registered and/or unregistered property of ILOOKabout and third parties. No rights are conferred on you, either expressly or by implication, to use the trademarks of ILOOKabout or third parties without the permission of the respective trademark owners.

14. THIRD PARY LINKS
This Service may contain links to other Internet sites or resources ("Third Party Sites"). Such links may have been provided by ILOOKabout, or third parties. Since these Third Party Sites are not under the control of ILOOKabout, you acknowledge and agree that ILOOKabout shall not be responsible for the availability of the Third Party Sites nor is it responsible or liable for any content, advertising, products or other materials located on or through any Third Party Site. Links provided to Third Party Sites do not represent endorsements of any information, products or services on such sites, and no information on such sites has been approved or endorsed by ILOOKabout. Under no circumstances shall ILOOKabout be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such Third Party Sites. Any concerns that you may have regarding any Third Party Sites should be directed to its respective site administrator or Webmaster.

15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") are the sole property of ILOOKabout and contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, including but not limited to, text, software, photographs, graphics, video, or other materials contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service-marks, patents or other laws governing intellectual property and proprietary rights. Except as expressly authorized by ILOOKabout, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon the Service or the Software in whole or in part. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way, Content available through the Service, the rights of which you do not already own.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ILOOKABOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. ILOOKABOUT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ILOOKABOUT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ILOOKABOUT MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ILOOKABOUT OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ILOOKABOUT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF ILOOKABOUT OR THE SERVICE PROVIDER CUSTOMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR, (V) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

19. PRIVACY POLICY
When you create a Members account with iLOOKabout, you need to provide some personal information, such as your name, e-mail address, and billing address. We protect and use this information as set forth in our Privacy Policy.

20. NOTICE
Notices may be sent to you or you may send notices to ILOOKabout via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Service or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.

21. GENERAL
The failure of ILOOKabout to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Service.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Service shall continue to be binding on and remain in full force and effect.
The Terms of Service, together with any separate written or online agreement between you and ILOOKabout constitutes the entire and only agreement, and supersedes any prior Terms of Service Agreement between you and ILOOKabout.
The Terms of Service and the relationship between you and ILOOKabout shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, and such parties agree to submit to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Service must be commenced within 1 year after such claim or cause of action arose or be forever barred. Section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

22. REPRESENTATIONS OF SUBSCRIBING MEMBER
By registering and accepting these Terms of Service, the Member, hereby represents, warrants and covenants to ILOOKabout that: (a) she/he has the legal capacity to subscribe and accept the Terms of Service as well as be bound by its content; (b) he/she is at least 18 (eighteen) years of age, or at least 13 (thirteen) years of age and has parental permission to establish subscription, become a Member and be bound by the Terms of Service (this 13 year old age restriction has been established to comply with the Children’s Online Privacy Protection Act (COPPA) of 1998); (c) to regularly review these Terms of Service and, in the event of any change in them, continue to be bound by them or else immediately discontinue the use of the Service.