Matterport Terms of Use

Last updated: November 15, 2012

Please read these Terms of Use (“Terms”) carefully before using this website or any functionality on this website (collectively, the “Site”). Using the Site indicates that you accept these Terms. If you do not accept these Terms, please do not use the Site

1. General.

This Site is owned and operated by MatterPort, Inc. (“Matterport,” “we” and “us”). Matterport reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any of these Terms, your sole remedy is to discontinue your use of this Site. Your continued use of the Site after a change has been posted constitutes your acceptance of the change thereafter.

2. Prohibited Activities.

In using this Site, you must not:

Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar or otherwise objectionable material of any kind; Misrepresent your identity or affiliation in any way; Violate any applicable laws or regulations; or Assist or permit any persons in engaging in any of the activities described above.

3. User-Submitted Information.

You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site (or to us through email). You agree, represent and warrant that any information you transmit to or through the Site (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information collected from you on the Site is subject to Matterport’s privacy policy available in the footer of the Site.

4. Unsolicited Ideas.

Matterport does not accept or consider unsolicited ideas, including ideas for new products or technologies. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Matterport’s privacy policy, you give Matterport an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Matterport has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to or through this Site.

5. Copyright.

The materials made available on this Site are protected by copyright, including all images available for viewing in our web viewer, and, except as set forth below, the use on any website or other environment of any material available on this Site is strictly prohibited. Notwithstanding the foregoing, we hereby authorize (and encourage) you to do any of the following:

Link to any page of this Site, including on any of your websites or blogs or through any of your social networking outlets; and

Utilize the “screenshot” functionality of our web viewer to create copies of the images as they are displayed on the screen, and post or otherwise share those images—without removing any Matterport logo or watermark or making any other modification to the image—via any of your websites or blogs or through any of your social networking outlets. Except as authorized by the previous sentence, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written permission of Matterport (other than as needed for your computer or device to interface with the Site). Any unauthorized use or modification of any of the materials available on this Site is a violation of the copyrights and other proprietary rights of Matterport, or other copyright owners where so indicated. Permission for any such use or modification must be obtained from Matterport in advance; such requests should be submitted via an email to info@matterport.com. As between you and Matterport, all design rights and other intellectual property rights, in each case whether registered or unregistered, and related goodwill associated with the Site are proprietary to Matterport.

6. Trademarks.

All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “MATTERPORT,” are proprietary to Matterport or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

7. Links to Other Websites.

For your convenience, this Site may contain links to other websites. If you use these links, you will leave this Site. Certain of these linked websites may make use of Matterport’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Matterport. Matterport is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Matterport is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Matterport of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other website.

8. Jurisdictional Issues.

This Site is controlled and operated by Matterport from its offices within the State of California, in the United States of America. Matterport makes no representation that materials available on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information or software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. Termination.

Matterport may terminate your use of this Site at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

10. Disclaimer.

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MATTERPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MATTERPORT DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MATTERPORT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

11. Limitation of Liability.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MATTERPORT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF MATTERPORT OR A MATTERPORT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.

12. Site Security.

You are prohibited from violating, or attempting to violate, the security of this Site, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Matterport will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

13. Children.

This Site is a general audience site. Matterport does not seek through this Site to gather personal information from or about persons under the age of 13.

14. Privacy.

Personal information about you provided through this Site is governed by Matterport’s privacy policy, available in the footer of this Site.

15. Other.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein (unless you are a beta customer of Matterport, in which case any conflicting terms of your beta customer agreement with Matterport shall control as long as such agreement is in effect).

16. Questions.

If you have any questions regarding these Terms, please submit your questions via an email to info@matterport.com. We will endeavor to respond to you promptly.

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