Acceptance of Terms
Except as otherwise indicated elsewhere in this publication, any person is hereby authorized to view, copy, print, and distribute this Web site ("www.previsite.com") subject to the following conditions:
This Site may be used for informational, non-commercial purposes only.
- Any copy of this Site or portion thereof must include this copyright notice.
- Previsite hereby reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Previsite.
- All listed documents are copyrights of Previsite, and cannot be modified, unassembled, sold, reproduced or redistributed independently for any commercial purpose without Previsite's written permission.
Warranties and Disclaimers
THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PREVISITE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THIS SITE OR OTHER WEB SITES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL PREVISTE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. UPDATES AND CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS SITE. PREVISITE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.
Previsite, the Previsite logo, Previsite Software. All other names used herein are trademarks of their respective owners.
These general conditions of subscription (the General Conditions of Subscription) shall apply to the provision of all the Services by Previsite (Previsite) in respect of its on-line platform. and its related products (PREVISITE Software) and shall prevail over all contrary provisions or conditions that might be contained in any document or writing that a client (the Client) of Previsite would like to impose, particularly general conditions of purchase or particular language in the Subscription Contract, save for exceptions agreed by a written agreement and signed by Previsite and the Client.
Previsite's failure at any time to assert any one of the General Conditions of Subscription may not be interpreted as Previsite's waiver of asserting any one of such General Conditions of Subscription subsequently.
Modification of the General Conditions of Subscription
The General Conditions of Subscription may not be modified orally.
Provision of Services
Except as specifically stipulated, as the case may be, in an agreement entered into between Previsite and the Client, Previsite shall provide the following services for the Client (the Services):
- Previsite shall grant the Client, for the duration of his Subscription Agreement, a right to use PREVISITE Software on a personal and non-exclusive basis.
- Previsite shall give the Client an access code, valid only for the duration of the Subscription, which when accompanied by a personal password will allow the Client to access PREVISITE Software.
- Previsite shall allow the Client, when accessing PREVISITE Software, to enter personally from a PC connected to the Internet and to integrate into PREVISITE Software, fixed digital photographs intended to be merged into and animated by the integrated software in PREVISITE Software so as to create one or more images (the Images).
- Based on the Images and depending on his Subscription, the Client will be able to create virtual visits on line and in particular use the following interactive services, according to an Image publication licence granted on a personal and non-exclusive basis:
- Image management, sorting to appear in a predefined order and naming of the Images;
- Pre-visualisation of the virtual visits;
- Broadcast of the virtual visits on the Internet network, whether on the Web or electronic messaging;
- print-out of pamphlet with all Images;
- downloading of virtual visits onto a computer;
- consultation of the viewing statistics.
- Previsite shall integrate the Images in Previsite's database with a view to hosting them and possibly re-using them.
- During the period of the Subscription, the Client may not have more than 90 products in a virtual visit simultaneously on PREVISITE Software. Each virtual visit may not contain more than 8 Images. This Clause can only apply to the Client that is using a fix subscription per month with no variables per images.
Any subscription taken out by the Client for PREVISITE Software must be set out in a subscription agreement containing these General Conditions of Subscription and duly completed specific conditions, dated and signed by the Client (the Subscription Agreement).
The Client's execution of the Subscription Agreement shall imply the Client's complete and unconditional acceptance of the General Conditions of Subscription. A Subscription Agreement shall become final only after being expressly accepted by Previsite. Once a Subscription Agreement has been accepted by Previsite, it may not be cancelled, amended or terminated (otherwise than on the expiry date of the then current period) without Previsite's written agreement and only at conditions allowing Previsite to be indemnified for any loss or harm that the latter may have suffered, except if Previsite has breached its obligations pursuant to the Subscription Agreement.
The Subscription Agreement and the access code supplied by Previsite are personal to the Client and may not be transferred or assigned to any third party whatsoever, without Previsite's prior written agreement. Similarly, the Client undertakes not to allow any third party whatsoever, for one or more uses, whether or not commercial, to access PREVISITE Software or to use it, or to broadcast virtual visits from Previsite's database.
Term & Termination
The Subscription Agreement is entered into for an initial term of twelve (12) months starting from its acceptance by Previsite. At the end of this initial term, the Subscription Agreement shall be renewable by tacit agreement for further one (1) month periods, unless terminated by notice sent by one of the parties to the other prior to the expiry of the then current period.
As an exception to the foregoing, in the event of either party's breach of any one of the provisions of the Subscription Agreement, the Subscription Agreement shall be automatically terminated (subject to the specific provisions set out in the paragraph "Payment" below), without prejudice to any damages that the party suffering the harm might otherwise claim.
In the event of the termination of the Subscription Agreement, the Client shall no longer be able to access PREVISITE Software and his access code will be disabled. All the data transferred on PREVISITE Software will be lost.
Price & Invoicing
The Services shall be invoiced to the Client at the price of the subscription that the Client has selected in the specific conditions of his Subscription Agreement (the Price). The Price is understood to be excluding tax, on the basis of the Previsite tariff mentioned in the specific conditions of the Subscription Agreement.
Previsite shall draw up and issue an invoice on a monthly basis for the Client.
Unless otherwise agreed, the Client shall pay the Price in accordance with the provisions set out in the specific conditions of the Subscription Agreement and the payment date mentioned on the invoice issued by Previsite. In the event that the Client opts for payment by automatic debit, the Client shall have duly filled in, dated and signed the box in the specific conditions of the corresponding Subscription Agreement and attach all necessary documents to his request.
Any sum of money paid by the Client that does not correspond to the full amount of the Price shall constitute a down payment on the Price. When Previsite grants its legal entity Clients a payment deferment, this must be specified in the specific conditions of the Subscription Agreement. When Previsite grants payment deferments, they are calculated starting from the payment date mentioned on the corresponding invoice. When Previsite grants payment deferments, any deterioration in the Client's credit may justify a demand for guarantees to be provided or payment to be made cash.
Any sum not paid on the payment date mentioned in the invoice issued by Previsite shall result in the application of penalties, the amount of which shall be equal to one and a half times the legal interest rate. These penalties shall be due and payable following Previsite's simple formal notice.
If the Client fails to pay forty eight (48) hours after formal notice has remained without effect, the Subscription Agreement shall be terminated automatically if Previsite sees fit, and Previsite may prohibit access to PREVISITE Software and seek in summary proceedings the immediate restitution of the Images and/or the virtual visits already delivered, without prejudice to any damages. The failure to pay a single invoice on its payment date shall also make the balance due on all the invoices in progress with the Client become immediately due and payable. Similarly, when Previsite has authorised the Client to make payment of the Price in several instalments, the failure to pay a single instalment shall result in the entirety of the Client's debt becoming due and payable.
The Client shall reimburse to Previsite all the costs occasioned by the contentious recovery of the sums due, including any court officer's fees.
The payments may not in any circumstances be suspended or be the subject of a set off without Previsite's prior written agreement. Any partial payment, as the case may be, shall first be allocated to the non-secured part of the receivable, then to the sums that have been outstanding for the longest time.
Previsite Software and Equipment
In order to use PREVISITE Software , the Client shall in particular have a Previsite Fisheye lens.
PREVISITE Software made available to the Client by Previsite in the context of the performance of the Services shall remain Previsite's exclusive property. Without Previsite's prior written agreement, any reproduction or distribution of any one of the components of PREVISITE Software, including the unlocking keys, is strictly forbidden and the Client shall remain solely liable towards Previsite for any infringement of its property right.
The Client authorises Previsite to make all necessary modifications and adaptations to PREVISITE Software to take into account its development, and all the modifications in connection with the possible upgrade of the graphic charter and/or the PREVISITE Software tool bar.
Previsite grants to the Client a right to use PREVISITE Software in the condition in which it is with its imperfections, if any, and Previsite does not grant the Client any warranty concerning PREVISITE Software, or any update, adaptation and/or modification warranty. The Client acknowledges in addition that Previsite shall be bound towards it only by a "best efforts" obligation for the performance of the Subscription Agreement, and Previsite shall not in any circumstances be held liable for consequential damage, such as commercial harm, loss of clientele, loss of orders, any commercial disruption, loss of profits, loss of brand image or third party action, which might be suffered by the Client.
Previsite does not grant the Client any guarantee of quality or fitness for a particular use, or absence of a virus that might be introduced by other clients using PREVISITE Software, despite the protective measures taken by Previsite.
Previsite also does not grant the Client any undertaking or guarantee in terms of timing for the processing of the Images or the delivery of the virtual visits.
Finally, Previsite does not grant the Client any guaranteed supply of the Services (i) in the event of the interruption or poor functioning of the Internet network or the Client's connection or (ii) in the event of incompatibility with the Client's software or hardware, or further (iii) in the event of the wrong manipulation of PREVISITE Software.
The Client expressly declares that he holds all the rights necessary to create the photographs and Images, that they are not harmful to public order and accepted standards of good behaviour or to third party rights, and particularly the right to the image of the owners of the photographed objects or architects' literary and artistic property right relating to these objects, and that he has received all the necessary authorisations, and guarantees Previsite for each photograph and/or Image against any disturbance, demand, forfeiture of rights or claim in this regard, whether the photographs and Images were taken and animated for the first time following their being placed on PREVISITE Software by the Client or they come from Previsite's database (in which case the Client's liability shall be joint and several with that of the client that placed the Image on PREVISITE Software for the first time and guarantees that the original authorisations were obtained).
The Client represents and warrants to Previsite in particular that he has received all the necessary authorisations for one or more uses of the Images on any type of medium and for any type of use, and that these authorisations shall remain valid for a period of ten (10) years from the date they are first placed on PREVISITE Software , renewable thereafter by tacit agreement for further one (1) year periods, unless terminated by either of the parties at the end of each of the renewal periods in consideration for minimum notice of three (3) months.
The Client expressly undertakes in addition to inform Previsite of any financial difficulty and any risk of insolvency pursuant to this clause, in order to allow Previsite to withdraw the Images from its database until the Client's return to a better financial situation.
In the event of force majeure, Previsite and the Client agree that the performance of the Subscription Agreement and the Services shall be suspended initially. If the force majeure event or events have duration of more than two (2) months, the Subscription Agreement shall be terminated automatically, unless otherwise agreed between Previsite and the Client.
Force majeure events or acts of God are expressly considered to be, other than those usually retained by the case law of the state of New York and tribunals, total or partial strikes, whether internal or external to the enterprise, lock-out, bad weather, epidemics, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulation changes in the forms of commercialisation, computer breakdowns, blockage of telecommunication means, including the networks, and any other event independent of the express will of Previsite preventing the normal performance of the Subscription Agreement and the Services.
The information provided by the Client at the time of the conclusion of the Subscription Agreement shall be processed electronically in Previsite's data files. In accordance with law No. 78-17 of 6 January 1978, known as the "Information Processing and Liberties law", the Client shall have a right of access and rectification of the data concerning him with Previsite's commercial department, and may object to this personal information being processed or transmitted to third parties by indicating it expressly to Previsite.
Previsite shall remain the sole owner of PREVISITE Software and of all the intellectual property rights related thereto. Previsite shall also remain the sole owner of its database and the Images that are or will be contained therein. The client will be responsible for all the property right linked to the file he as transfer to PREVISITE Software.
Governing Law - Dispute Resolution
The Subscription Agreement shall be governed by and construed in accordance with the law of the state of New York.
Designation of Previsite
Previsite America, Inc. — 4920 Atlanta Highway, Suite 431, Alpharetta, GA 30004 — 1 (877) 536 7180 (Toll Free Number)