VMD retains all right, title and interest in and to the Services (including past, present and future versions) and all technology employed to manage and deliver the Services, including VMD’s proprietary online platform and all software, databases, algorithms, interactive floor plans, Photographic Content (which includes photographs and virtual staging of real property, and any other images or depictions created by VMD as part of the Services), 3D walkthroughs, and any other intellectual property, data or information related thereto, including enhancements, upgrades, and modifications, and all inventions, discoveries, or improvements, including patents, patent applications, and certificates of invention; trade secrets, know-how, or similar rights; the protection of works of authorship or expression, including copyright; trademarks, service marks, logos, trade dress and content that is included in, on or that is otherwise a part of the Services, but excluding User Content (defined below) belonging to you or other users (collectively the “VMD IP”). You acknowledge and agree that you neither own nor acquire any rights in and to the VMD IP not expressly granted by this Agreement and that your use of the Services is pursuant to this scope of licensed use. Any invention created by exploitation of the VMD IP shall automatically transfer to VMD and you shall execute any and all legal documents necessary to perfect such transfer.
VMD hereby grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the VMD IP solely in connection with delivery of the Services to you in accordance with this Agreement (subject to payment of all invoices issued to you by VMD) and the policies and requirements specified by VMD from time to time. VMD shall have the right to maintain, improve, or otherwise modify the Services at its sole discretion and VMD is not responsible for any content posted, uploaded, submitted, or otherwise supplied by you or any other user (the “User Content”). Your use of the Services and VMD IP is subject to any and all conditions imposed by VMD and the foregoing license may be terminated at any time at VMD’s sole discretion.
The trademarks and service marks, including without limitation VMDPROSTM, that are located on the Website or within the Services, are marks of VMD and shall not be deemed to be in the public domain but rather the exclusive property of VMD. You are not permitted to use, copy, sell, display or distribute the Services, any portion thereof, or any of our trademarks, service marks, copyrights or other intellectual property without our express permission. You are also not permitted to post or otherwise make available on the Services any material protected by trademark, copyright or other proprietary right without the express consent of the owner. The Services may include trademarks, copyrights and/or other proprietary rights of third parties. You acknowledge that the Services have been neither endorsed nor sponsored by, and are not affiliated with, any such third parties. You agree that the terms of this Agreement apply to any and all third-party intellectual property on the Services as well. By using the Services you agree that you will not challenge ownership or intellectual property rights with respect to the marks or any copyright or other intellectual property of VMD.
Any violation of these requirements may result in a trademark, copyright or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of intellectual property rights or any other harm resulting from your actions.