Terms of Use
Evereal studio inc. ("Evereal studio") owns and operates the website (the "Website") at https://evereal.studio and other domains authorized in writing by Evereal studio. These terms of use apply to all website users. Please read these terms of use carefully. By using this Website, you indicate your acceptance of these terms of use. If you do not accept Evereal terms of use, do not use this Website or any content and services. These terms of use may be amended or updated by Evereal studio from time to time without notice. The terms of use may have changed since your last visit to this Website, and it is your responsibility to review these terms of use for any changes.
The Evereal studio service provides users with photography, videography, virtual tour, and printing services for customers to be featured on the Website (the "Service"). Customer represents and warrants that Customer has the right to enter into this agreement, including without limitation express permission from the applicable property owners as necessary to engage and use our services as described in this agreement and for Evereal studio to create and use images and videos of the applicable property owners' properties. Customer agrees to defend, indemnify and hold harmless Evereal studio, its agents, officers, directors, employees and contractors from and against any demands, claims, losses, damages, liabilities, expenses and costs (including reasonable attorney's fees) arising in connection with any breach or alleged breach of the preceding warranty.
Intellectual property rights and licenses
Evereal studio owns all rights, titles and interests in and to all photos, videos, virtual tours, floor plans, and other Content and compilations thereof ("Evereal studio content") created for customers by Evereal studio or any agent authorized by Evereal studio.
Use of the Website
Evereal studio may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of the computer or network equipment or other reasons. Evereal studio may periodically add or update the information and materials on this Website without notice.
Disclaimer of all representations, warranties and conditions
Disclaimer of all representations, warranties and conditions. The information and materials provided on this Website are provided "As is." specifically but, without limitation, Evereal studio and its authorized agents do not represent, warrant or offer any conditions that: (I) the information or materials on this Website are correct, accurate, reliable or complete; (ii) the functions contained on this Website will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this Website or the server(s) that makes it available are free of viruses or other harmful components. Evereal studio specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by the usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Evereal studio does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the Website or in respect to any website that can be reached from a link on the Website or featured in any banner or other advertising on the Website, and Evereal studio shall not be a party to any transaction that you may enter into with any such third party.
- No responsibility for the Content. You acknowledge and understand that the Content made available on the Website is entirely the responsibility of the person from whom such Content originated. Evereal studio will not be liable for any information or Content submitted to Evereal studio by Customer or any third party.
Limitation of liability
Clients should assume all risk for damage and loss resulting from the preparation, assembly, use and operation of Evereal studio products and services. Clients agree to release Evereal studio from all liability for any damage or loss resulting from the Client's use of the products and services. Clients will indemnify Evereal studio against all claims and expenses, including legal fees, on a full indemnity basis, arising from injury to person or property resulting from the preparation, assembly, use and operation of the products and services.
Indemnification
You shall indemnify and hold Evereal studio and its subsidiaries, affiliates, officers, agents, and employees harmless from all claims, threats, actions, proceedings, demands, damages, losses, obligations, costs, and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of materials submitted, posted, transmitted or made available by you through the Website, your use of the Website, any violation by you of these terms of use, or any violation by you of any rights of another (including, without limitation, all intellectual property rights and rights of publicity, personality or privacy).
Links to third-party websites
This Website may contain links to other websites that are not owned or controlled by Evereal studio. Evereal studio is not responsible for the Content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services, and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Evereal studio websites does not imply that Evereal studio endorses or accepts any responsibility for the Content or use of such websites, and you hereby release Evereal studio from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
While Evereal studio encourages links to the Website, it does not wish to be linked to or from any third-party website which (I) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Evereal studio for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Evereal studio reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature at any time. You agree to remove any link you may have to the Website upon the request of Evereal studio.
No implied endorsements
In no event shall any reference to any third party (including any customer), third-party product or service (including such product or service provided by any customer) be construed as an approval or endorsement by Evereal studio of that third party, third party product or service.
Termination
Evereal studio may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that you may have with Evereal studio (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by you to Evereal studio), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include the removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by Evereal studio in its sole discretion and that Evereal studio shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by Evereal studio shall be in addition to any other rights and remedies that Evereal studio may have.
Security
Information sent or received over the internet is generally unsecured, and Evereal studio cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Enforcement of terms and conditions
If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Evereal studio to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Evereal studio must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Evereal studio of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that you may have arising out of or related to this Website or your use of this Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Entire agreement
Unless governed by a separate agreement signed by both parties, these terms of use, together with our privacy policy, constitute the entire agreement between the parties relating to the Website and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Evereal studio.
Last updated onJan 4, 2022