By accessing, viewing, browsing or otherwise using (all of which shall be referred to as “using” in these Terms and Conditions of Use) www.virtualkingston.ca (the “Website”), you (“you” or the “User”) agree to be bound by and comply with these Terms and Conditions of Use. Cicada Studio (“we” or “‘Cicada Studio”) may at any time revise these Terms and Conditions of Use by updating this posting and may also make changes to the content or any links provided on the Website at any time. By using the Website, you agree to be bound by any such revisions and should therefore periodically review these Terms and Conditions of Use.
Modifications to the Website: Cicada Studio retain the right at any time to modify the Website and the Terms and Conditions with or without notifying you.
Viruses; Destruction of the Website: You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Cicada Studio’s systems. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. Any attempt by a user to deliberately damage the Website or to undermine the operation of any aspect or component of the Website constitutes a violation of criminal and civil laws.
Use of Content on the Website: You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used, without Cicada Studio’s permission, except as provided for in these Terms and Conditions of Use or in any other text appearing in the Website. Cicada Studio neither warrants nor represents that your use of materials displayed on the Website will not infringe any rights of third parties not owned by or affiliated with Cicada Studio.
Accuracy of Information: While Cicada Studio makes reasonable efforts to include accurate and up to date information on the Website, we make no warranties or representations as to the accuracy of any information appearing on the Website. All information regarding properties has been provided directly by the sellers or their agents with their prior consent. Cicada Studio assumes no liability or responsibility for any errors or omissions in the content of the Website.
Limitation of Liability and Release: Your use of the Website is solely at your own risk. Cicada Studio nor any other party involved in creating, producing, or delivering the Website shall in any event be liable for any direct, incidental, economic, consequential, indirect, punitive, special or exemplary damages arising out of your use of the Website and any materials contained on or available through the Website (even if Cicada Studio has been advised of the possibility of such damages) under contract, tort, equity, or any other theory of liability or responsibility (including, without limitation, negligence). Without limiting the generality of the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By using the Website, you agree to release Cicada Studio and its affiliates and their employees, agents, and suppliers from any and all liability for injuries or damages resulting from your use of the Website.
Your Communications to Cicada Studio: Cicada Studio is free to use any ideas, concepts, know-how, or techniques contained or described in any communication you send to Virtual Kingston email addresses and Cicada Studio without further compensation or payment to you and for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Website.
Images on the Site: Images of people, places or any other item displayed on the Website are Cicada Studio’s intellectual property or are used by Cicada Studio with the permission of third parties. The use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or elsewhere on the Website. Any unauthorized use of any image appearing on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links: Cicada Studio has not reviewed all of the websites linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. The inclusion of a link does not imply Cicada Studio’s endorsement of the linked website. Viewing all other sites is done solely at your own risk.
Communications on the Site: Although Cicada Studio may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear from time to time on the Virtual Kingston Website, Cicada Studio is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Cicada Studio will fully cooperate with any law enforcement authorities or court order requesting or directing Cicada Studio to disclose the identity of anyone posting any such information or materials.
Entitlement to Use: By using the Virtual Kingston Website, you represent and warrant to Cicada Studio that you have all rights and entitlement necessary to use the Website in your country and jurisdiction, and that you are not violating any laws, policies, regulations or other restrictions of your country and jurisdiction to which you may be subject by using the Website.
Panoramas and Images : All panoramas, images, Quicktime and Flash files remain the property of Cicada Studio. This includes panoramas on a ‘Loan’ basis for personal and business websites and the Virtual Kingston logo must remain on the base view of the panorama. Flash or Quicktime Panoramas are licensed on an annual basis through membership fees.
For reasons of viewing quality, the individual Flash or Quicktime Panorama files cannot be linked to directly. You do have the option to link directly to your individual tour web page on Virtual Kingston but all Flash or Quicktime panoramas must be viewed using the viewer and navigation buttons supplied on that webpage. The image size and quality of each panorama was designed specifically for that viewer and any other presentaion will degrade the quality.
Under no circumstances are the Quicktime and Flash files allowed be copied and used on personal or business websites.
Trademarks: All of the trademarks, logos, and service marks (collectively referred to as the “Trademarks”) displayed on the Website are registered or unregistered trademarks of Cicada Studio or of third parties who have authorized their use by Cicada Studio. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Cicada Studio or owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Website, except as provided for in these Terms and Conditions of Use, is strictly prohibited.