Makevt License Agreement

By accessing or using the Makevt Site, Makevt Services (further both also named as “Makevt”), or accessing or using any of the content available within Makevt Services, users (“user”, “you”) agree to be bound by the Makevt License Agreement.

Users Content

You keep the copyright on any Content (any text, graphics, images, software, music, audio, video, information or other material) you submit or upload to the website, but in order to receive the Makevt services you grant Makevt a royalty free, worldwide, nonexclusive right and license to use, host, edit, modify, publish, promote, display and archive your content in accordance with or as reasonably contemplated by this agreement. Makevt may sublicense the rights that you grant to a third party subcontractor for the purposes of providing the Makevt service.

If you remove a content from the Site, the license rights granted by you to Makevt on this content will terminate, except that such license rights will survive and remain in effect for as long as necessary for Makevt and its third-party subcontractors to fulfill any in-progress promotions for such content (for example, if we already started to promote your tour as an example of a tour in our blog or in Makevt.com site materials) and rights to keep the content in archive*.

Users have all rights on their own tours which they've created with Makevt and then exported from Makevt Services. But Makevt notices that shared tours contain third-party files (krpano license) and if you want to delete from downloaded tour links to the Makevt (www.makevt.com) and krpano (www.krpano.com) sites you should apply your own krpano license (see Tutorial).

  1. You acknowledge that Makevt has no obligation to monitor your access to, your Content on or use of the Makevt Services or to remove any User Content (Content uploaded on site by users or created on site by users), but has the right to do so.
  2. You acknowledge the right of Makevt to show and promote your tour via a link or an iframe (for example in Makevt blog)
  3. You acknowledge and agree that Makevt may preserve Content (for example, in a back-up files) and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
    1. comply with legal process
    2. enforce the Agreement
    3. respond to claims that any Content violates the rights of third-parties
    4. protect the rights, property, or personal safety of Makevt, its Users and the public

You acknowledge and agree that you are solely responsible for all content that you upload or create on Makevt and that the Content complies with all applicable federal, state and local laws, regulations and ordinances. Makevt is not responsible for author's rights and contents of the files, which are uploaded by users. You are either the sole and exclusive owner of all such content or you have all rights, licenses, consents and releases that are necessary to grant to Makevt the rights in such content which are necessary to use it and to provide Makevt services. Content that you make available through the Makevt will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If you upload content, you hereby grant Makevt a worldwide, transferable, nonexclusive, right and license, publicly display, host and modify through our services your content.

Makevt Content

Makevt Content is intellectual property in Makevt service (including the software, code and systems underlying the Makevt service, and text, images, logos, icons, sound recordings, videos (collectively, "Makevt Content")) which is owned by us or licensed to us. Other than for the purposes expressly authorized by this agreement, you may not in any form or by any means:

  1. Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this service or commercialize any Makevt's content without our written permission.
  2. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Makevt or its licensors, except for the licenses and rights expressly granted in this license

Use of the Services by users

  1. Users acknowledge and agree that the form and the nature of the Makevt Services which Makevt provides may change without prior notice to them.
  2. Makevt reserves the right to stop the work of the Services or terminate Makevt Services without prior notice to users.
  3. Makevt reserves the right to change this License Agreement without prior notice to users.
  4. Users can use the Services for uploading panoramic photos, creating virtual tours with additional media elements, hosting virtual tours, sharing virtual tours in social networks or at an external site.
  5. Users agree that they are solely responsible for the Content of their uploaded files and all activities that occur under their registered accounts.
  6. Users agree to use the Services only for purposes that are permitted by License Agreement and any applicable law, regulation or generally accepted practices in the relevant jurisdictions.
  7. Users agree that they will not engage in any activity that interferes with or disrupts the Makevt Services (or the servers and networks which are connected to the Makevt Services).

Third-party products

Makevt Services are based on krpano panorama player. Krpano is a commercial program and requires krpano license for full-fledged using. Makevt notices, that we don’t include krpano license in exported tours and users should buy it additionally or keep the demo logos of Makevt.com and Krpano in tour.

General Prohibitions

You agree not to do any of the following:

  1. Post, upload, download, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    1. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
    3. is fraudulent, false, misleading or deceptive
    4. is defamatory, obscene, vulgar, or offensive or invasive of another's rights including but not limited to rights of celebrity, indecent, inflammatory, libelous
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
    6. is violent or threatening or promotes violence or actions that are threatening to any other person
    7. harms minors in any way
    8. promotes illegal or harmful activities or substances
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  3. Access, tamper with, or use non-public areas of the Site, Makevt’s computer systems, or the technical delivery systems of Makevt's providers
  4. Attempt to probe, scan or test the vulnerability of any Makevt system or network or breach any security or authentication measures
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Makevt or any of Makevt's providers or any other third party (including another user) to protect the Site, Services, Makevt Content or Users Content. Attempt to access or search the Makevt site, Makevt Content or Users Content or download Makevt Content or Users Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Makevt or other generally available third party web browsers
  6. Modify, rent, lease, loan, sell, distribute or create derivative works based on the Makevt Site or Makevt Software or Makevt Services, in whole or in part
  7. Use the Site, Services, Makevt Content or Users Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms
  8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Makevt Site, Makevt Services, Makevt Content or Users Content to send altered, deceptive or false source-identifying information
  9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Makevt Services, Makevt Content or Users Content
  10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Makevt Site; Collect or store any personally identifiable information from the Makevt Site or Makevt Services from other users of the Makevt Site or Makevt Services without their express permission; Violate any applicable law or regulation
  11. You agree not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Encourage or enable any other individual to do any of the foregoing

Links

The Makevt Site may contain links to third-party websites or resources. You acknowledge and agree that Makevt is not responsible or liable for:

  1. the availability or accuracy of such websites or resources;
  2. the content, products, or services on or available from such websites or resources.
  3. links to such websites or resources do not imply any endorsement by Makevt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Password

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Makevt Site and Makevt Services ("Feedback"). You may submit Feedback by emailing us at contact@makevt.com. You acknowledge and agree that all Feedback will be non-exclusive property of Makevt and you hereby irrevocably assign to Makevt and agree to irrevocably assign to Makevt all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us.

Specific warnings

You must ensure that your access to this website and the Makevt service is not illegal or prohibited by laws that apply to you.

Account Termination

Makevt reserves the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you with or without cause. In the event Makevt terminates these Terms for your breach, you will remain liable for any amounts due hereunder.

Limitation of liability

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Makevt service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Makevt service.

You expressly understand and agree that under no circumstances including, without limitation, its own negligence, shall Makevt or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Makevt or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Makevt has been advised of the possibility of such damages), for example, resulting from:

  1. the use or inability to use the site;
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the site or any other matter relating to the site.

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

The Makevt Site, Makevt Services, Makevt Content and Users Content are provided "as is", without warranty of any kind, either express or implied. Makevt makes no warranty that the site, services, Makevt Content or Users Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from Makevt or through the site or services, will create any warranty not expressly made herein.

You are solely responsible for all of your interactions with other users content. You understand that, except as expressly set forth in these terms, Makevt does not screen or inquire into the background of users of the site or services, nor does Makevt make attempt to verify the statements of any users. Makevt makes no representations or warranties as to the conduct of users of the site or services. You agree to take reasonable precautions in all communications and interactions with other members or users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services.

You are solely responsible for creating back-ups of your content.

You understand and agree that your use of the site is at your sole risk. The Makevt site and the information, services, products, and materials available through it are provided on an "as is" and "as available" basis.

Makevt does not make any warranty that

  1. that the site or service will be uninterrupted, timely, secure, or error free
  2. the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations
  3. that defects, if any, will be corrected

You agree that Makevt shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein including but not limited to loss of data from delays, errors, system down time, network or system outages, file corruption, or service interruptions caused by the negligence of Makevt, its affiliates, its licensors, or a user's own errors and/or omissions.

You expressly agree that use of this service, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Makevt makes no warranty or representation that confidentiality of information transmitted through this site will be maintained. We do not give such warranty as no one can warranty this 100% in the internet.

End of user agreement

*Comments which are not a part of license agreement:

  1. If you think that some parts of agreement are really bad, you can write us on contact@makevt.com, and we will think if we can change them or to explain how we use them in practice.
  2. The main goal of this of the paragraph about User Content for us is to have an opportunity to show what a great tours can be done with Makevt. Because it’s quite stupid to have a site full of great tours, which their creators would like to show or have no objections to show and not to have the opportunity to show them. But however we reserve such opportunity, we do not want to harm you in any way. So if you want to totally forbid us to show your tour – feel free to write us on contact@makevt.com.
  3. Also, however we are not bound to do this, we will do our best to not to infringe the privacy of your tour. This means, for example, that if you made a tour with your friends in horse costumes in the bathroom we will not share the link on this tour, as it wouldn’t be gentle. This sharing is only up to you.

    Also if you didn’t published the tour – we didn’t share it. The publishing of the tour for us is the signal that you are ready to show it to the world. But if we see that published tour is still not ready – we also don't share it (but you, surely can).

    So, the purpose of this agreement is to allow us to show the tours which are already shown to the world by authors. This is the spirit of the agreement which we tried to imply. Probably we later will reformulate it, but for now we will try to keep it that way. If you have any objections – contact@makevt.com, you are welcome.

  4. You should understand that if you will publish the tour, anyone with the link to it can see it. It’s not only because agreement but also for the fact the technology doesn’t protect the tour from other viewers: anyone with the link can see it.