Terms of use

These Terms of Use (“Terms”) set forth the terms and conditions that apply to your access and use of services provided by Listing3D Inc., its affiliates, and their respective owners, employees, agents, contractors, and third-party licensors (“Listing3D,” “us,” or “we”), including without limitation the website listing3d.com , 3dapartment.com , 3dsquarefoot.com , virtual services, mobile software applications, and other online services offered by Listing3D Inc. (collectively, the “Site”). Any individual who visits, views, accesses, or uses any version of the Site, including through a bot or other automated means (“you” or “User”), is bound by these Terms. Sellers (as defined below) are also subject to the Sellers Addendum to this Terms of Use.

By using the Site, you represent and warrant that you are at least eighteen (18) years of age and you hereby agree to be bound by all of the following provisions of these Terms, which form a legally binding contract between you and Listing3D. If you do not agree to these Terms, you are prohibited from accessing the Site and must immediately discontinue such access.

Please note, these Terms contain a waiver of rights to bring a class action against us and a release by you of all claims against us, for damages or any other claims, that may arise out of your use of the Site. By using the site, you affirm that you agree to these provisions.

By accessing the Site, you consent to the collection and use of certain information, as specified in the Listing3D Privacy Policy.

Listing3D expressly and without limitation revokes the right of any competitor to access the Site in any way and for any purpose, including, but not limited to, through employees, officers, directors, third party agents, affiliates, or independent contractors. If you are a competitor of Listing3D, you are accessing the Sites without legal authorization, and agree to immediately discontinue such access.

The Site is an online advertising, searching, and information service for those looking to rent or purchase real estate (“Buyer”) and real estate agents, landlords, property managers, and others offering real estate for sale or lease (collectively, “Seller”). Listing3D provides an online platform which allows Buyers searching for real estate to view and inspect property listings virtually. Listing3D provides a virtual toolkit designed to efficiently and effectively capture property walk-throughs which includes virtual tours, video marketing, 3D flyers and interactive landing pages to showcase property listings. Listing3D does not (a) broker, lease or sublease, or offer to broker, lease or sublease, or own real estate directly and is not a party to any transaction between any Seller (including, as applicable, property management companies and/or property managers) and Buyer; (b) guarantee or ensure any sale, lease or any transaction; (c) conduct background screening on Buyers or rental candidates or collect payment on behalf of any Seller; (d) act as a property manager, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service. Buyers are strongly encouraged to personally inspect any property and documents or seek legal counsel where applicable prior to signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment, or application fee. By using the Site, you acknowledge that published rents, prices, and availabilities are subject to change at the sole discretion of the property owner, manager, or Seller at any time and without further notice.

All information and content available on the Site including without limitation trademarks, service marks, other indicia of source, and software contained in the Site (collectively, “Materials”), are owned by Listing3D and protected by copyright, trademark, and other intellectual property laws. The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post, infringe, dilute, or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Listing3D. Requests to use Materials, complaints, or notifications regarding intellectual property rights may made by email to support@3dapartment.com

By submitting any kind of ad, photo, description, data, or other information (“Content”) to the Site, you agree to follow the following rules:

You are responsible for all Content you submit to the Site;
You grant to Listing3D a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, and fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software, or technology of any kind now existing or developed in the future;
You grant to Listing3D a royalty-free right and license to use your name, image, and likeness in connection with the reproduction or distribution of the Content;
You agree that Listing3D, a Buyer, or Seller may contact you for any purpose related to your use of the Site;
You may not use the Site to engage in any Prohibited Activities (as defined below).

Listing3D reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move, or edit any Content without notice, at any time for any reason.

By posting Content to the Site, you hereby represent, warrant, and agree that (a) you have all necessary authority, rights, and permissions to submit and post such Content, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent, or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content and your use of the Site does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to Applicable Fair Housing Laws (as defined below), laws, regulations, or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content is complete, truthful, accurate, and not misleading, (e) the Content has not been submitted in order to mislead, deceive, or defraud or seek to mislead, deceive, or defraud any other User of the Site, and (f) you will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User of the Site. You acknowledge that these representations concern facts that are material to Listing3D.

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD LISTING3D AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DEMANDS, OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM (I) ANY DISTRIBUTION, PUBLICATION, REFUSAL TO PUBLISH, REMOVAL, DELETION, MOVEMENT, EDITING, OR OTHER USE OF THE CONTENT YOU PROVIDE, (II) YOUR USE OF THE SITE OR ANY RELIANCE ON THE MATERIALS, (III) YOUR BREACH OF THESE TERMS, OR (IV) ANY ACTUAL, PROSPECTIVE OR TERMINATED SALE, LEASE, OR OTHER TRANSACTION BETWEEN YOU AND A THIRD PARTY.

You shall not:

Submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
Engage in activity or submit Content that could be harmful to minors;
Engage in activity or submit Content that harasses or advocates harassment of another person;
Engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
Engage in activity, submit Content or Reference Information, or promote information, that is fraudulent, false, misleading, inaccurate, and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, vulgar, defamatory, libelous, or otherwise objectionable;
Submit Content that contains restricted or password-only access pages, or hidden pages or images;
Submit Content that displays pornographic or sexually explicit material of any kind;
Submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Engage in activities or submit Content that solicits passwords or personally identifiable information from others for unlawful purposes;
Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Use the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Listing3D advertisers or to solicit Listing3D advertisers in any manner;
Use any robot, spider, or other automatic device, or a manual process, to access, monitor, or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code for the Software;
Collect Content, user information or otherwise attempt in any way to use information on the Site for the benefit of an entity in competition with Listing3D;
Take any action that imposes an unreasonable or disproportionately large load on Listign3D’s hardware and software infrastructure; or
Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

By using the Site, you consent to receiving electronic communications from Listing3D relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Site and may include notices about your account (e.g., payment authorizations, change in password, confirmation e-mails, and other transactional information) and are part of your relationship with Listing3D. You agree that any notices, agreements, disclosures, or other communications that you receive electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Listing3D features and content, special offers, promotional announcements, and surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you may manage your preferences through your account or contact us. Please review our Privacy Policy for further details regarding communications.

All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal and state fair housing laws are referred to as “Applicable Fair Housing Laws”). If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at www.hud.gov. Your provision, receipt, and/or use of any Content offered or obtained through the Site shall be at all times in compliance with applicable fair housing laws.

You acknowledge that any breach of these binding Terms or any unauthorized use of the Site is a material breach of this agreement between you and Listing3D and will cause irreparable harm and injury to Listing3D for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, you agree that in the event of such breach Listing3D shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available, without the requirement that Listing3D post a bond. Material breach of these binding Terms harms the integrity, functionality, and reputation of Listing3D, detracts from Users’ trust in and use of the Site, and damages the business of Listing3D. Accordingly, you acknowledge and agree that Listing3D incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of these binding Terms. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect your agreement that Listing3D would be entitled to injunctive or other equitable relief in the event of such breach.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT AND USER PROVIDED INFORMATION IS AT YOUR OWN RISK. LISTING3D DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, CONTENT, USER PROVIDED INFORMATION, MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND LISTING3D SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. LISTING3D AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PROPERTY; AS TO THE ADVERTISED AVAILIBILITIES, RENT, LEASE OR SALE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY APPEARING ON THE SITE. LISTING3D DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. LISTING3D RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. LISTING3D DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU. Some states do not allow the disclaimer of implied warranties, so a part or parts the foregoing disclaimer may not apply to you. If any item of the foregoing disclaimer is not allowed by the applicable law, this paragraph will be construed to allow LISTING3D the broadest extent of disclaimer allowed under the applicable law.

LISTING3D SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR OTHERWISE INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE MAXIMUM LIABILITY OF LISTING3D FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO LISTING3D. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LISTING3D AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LISTING3D CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so a part of parts the above exclusion or limitation may not apply to you. If any item of the foregoing is not allowed by the applicable law, this paragraph will be construed to allow Listing3D the broadest extent of limitation of liability allowed under the applicable law.

You understand and agree that in Listing3D’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Listing3D may exercise any other remedy available and remove any Content, if it believes that your use of the Site and/or any Content you provide (a) violates (i) these Terms, (ii) the rights of Listing3D or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Listing3D for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Listing3D post a bond. Listing3D is not required to provide any refund to you if your use is terminated as a result of Listing3D’s determination, in its sole discretion, that you have violated these Terms.

Your Listing3D account may be cancelled at any time. To cancel, go to your account page on our website and follow the instructions for cancellation.

You understand and agree that any User, individual, or entity that violates any term of these Terms is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract asserted by such User, individual, entity or any affiliate thereof, as binding upon Listing3D.

These Terms may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms on this page of the Site or otherwise. Your continued use of the Site after the posting or notification of any amended Terms shall constitute your agreement to be bound by any such changes. Listing3D may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability. Any dispute, claim, or controversy, including but not limited to those asserting statutory claims under federal or state law, arising out of or relating to the Terms; the breach, termination, enforcement, interpretation, or validity of the Terms; or any use of Listing3D Service or the Site, are governed by the laws of the state of New York, without regard to its conflict of laws principles. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in New York state, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts of New York, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect so long as the essential terms of this Agreement remain. Failure by Listing3D to enforce any provision of this Terms shall not be deemed a waiver of future enforcement of that or any other provision of these Terms. These and any other terms and conditions or policies applying to your use of the Site constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and Listing3D have entered into a separate written contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, PLEASE EXIT THE SITE IMMEDIATELY AND CEASE USING THE SERVICES.