Terms | Conditions | Service Agreement | Privacy
POINT AND CLICK VIRTUAL TOURS SERVICE AGREEMENT
This Point and Click Virtual Tours Services Agreement (“Agreement”) is a legal contract that governs all work performed on your behalf and sets forth the rights and obligations of both parties. By ordering services from Point and Click Virtual Tours, you agree to these terms. Please read this carefully.
ARTICLE 1 Point and Click Virtual Tours SERVICES
1.1 Pursuant to the terms of this Agreement, including all of the specifications for the project that you provide through our website or directly to any member of the POINT AND CLICK VIRTUAL TOURS group, we will provide the photography and scanning services you specify (collectively “Services”) to you (“Customer”); if applicable, your clients (“Homeowners”); and certain third parties as follows:
1.1.1 We will perform the Services you order from us through a telephone order or a written work order (each a “Work Order”) within the time frame we specify. Services will be performed at our then-current rates, as posted on our website and as may be updated from time to time.
1.1.2 Once we have completed the on-site photography and/or scanning Services at the physical premises (“Premises”), we will prepare the final version for posting online and notify the Customer. The final version of any service provided is not complete until the Customer reviews it and confirms approval.
1.1.3 We will provide you with a direct link to the 3D Virtual Walk Through Tour and 360 View imaging that we have produced. At your request, we will also delete the 3D Virtual Walk Through Tour and 360 View imaging from the internet, although we cannot guarantee that this will fully eliminate it, as we cannot control whether third parties have copied some or all of it after it is publicly available.
1.1.4 We will host the final version of the 3D Virtual Walk Through Tour and 360 View imaging for one year at no additional cost. If Customer wishes to have the 3D Virtual Walk Through Tour and 360 View imaging hosted longer, Customer must request continued hosting prior to the first anniversary of the 3D Point and Click Virtual Tours being posted online and must pay our then-current hosting fees.
1.1.5 If Customer adds additional Services, these will be memorialized with additional orders and may bear additional fees.
1.1.6 If requested by Customer, Homeowner or a property purchaser (“Buyer”), we will host a 3D Virtual Walk Through Tour and 360 View imaging for the Premises. With regard to Buyers, we will check with Customer to verify Buyer’s identity before selling this item. If Customer or a Homeowner seller later requests that we delete the 3D Virtual Walk Through Tour and 360 View imaging from the internet, we will do so and we will provide the Buyer with a 50% discount on the fees paid by Buyer.
1.2 Subject to the terms of this Agreement, POINT AND CLICK VIRTUAL TOURS will use commercially reasonable efforts to provide the Services and to comply with all applicable laws and regulations in fulfilling its obligations and providing Services under this Agreement and any additional orders.
ARTICLE 2 CUSTOMER AND HOMEOWNER OBLIGATIONS
2.1 The property owner or client are welcome to be on-site during the Services. If neither are present or if no prior requests regarding our creative selections are given, all creative work will be created at our discretion. In addition; in order to get the best results from POINT AND CLICK VIRTUAL TOURS Services, and to protect our personnel, Homeowner privacy and safety, Customer and Homeowner(s) agree to the following:
2.1.1 Customer and/or Homeowner will remove all vehicles from the driveway and close the garage doors, open all window coverings, turn on lights, including table lamps, closets, bathrooms, etc. Hot Tubs and waterfalls should be turned on as well. Pool equipment and clean sweepers should be removed from pool area, all ceiling fans should be “turned off”. All pets, especially dogs, must be put away or removed from the Premises for the duration of the Services.
2.1.2 Customer and/or Homeowner will prepare the Premises by making it clean and tidy. All items not intended to be in the photographs such as trash bins, toys, laundry, cleaning supplies, newspapers, jewelry, pool cleaning equipment, tools, etc, must be stored out of site before we arrive. Customer and Homeowner acknowledge that POINT AND CLICK VIRTUAL TOURS personnel are not responsible for putting away or moving Homeowner’s belongings, and the Premises will be captured in “as-is” condition.
2.1.3 Customer and/or Homeowner will remove from view personally identifiable information or extremely valuable objects (such as diplomas, certificates, visible lists of passwords or phone numbers, credit cards, checkbooks, gift cards with visible barcodes or numbers, employee or personnel data, trade secret information or any other personal or confidential material). Customer and Homeowner understand and acknowledge that POINT AND CLICK VIRTUAL TOURS scans are extremely high definition and failure to remove these items could lead to identity theft, burglary, or other harm to Customer or Homeowner.
2.1.4 Customer and/or Homeowner must give us written instructions to take the 3D POINT AND CLICK VIRTUAL TOURS imaging off the internet. Unless we are instructed to take down photograph or scans, we will leave them active indefinitely, however we have discretion to remove them if we are notified that the Premises has been sold.
2.1.5 POINT AND CLICK VIRTUAL TOURS will do their best at to satisfy the instructions of the Customer and/or Homeowner, but if the Customer and/or Homeowner are not happy with the Services provided due to weather conditions, or because the location was not prepared properly, POINT AND CLICK VIRTUAL TOURS will try to make it right. POINT AND CLICK VIRTUAL TOURS will not be responsible for poorly staged properties or properties that are messy, dirty, disorganized or in poor condition. Once completed Services are provided to the Customer and/or Homeowner, it is responsibility of the Customer and/or Homeowner to inspect all Services for errors or omissions. All links and/or downloads to Services must be reviewed and stored on the Customer and/or Homeowner’s computer as soon as they are delivered.
ARTICLE 3 LICENSE & INTELLECTUAL PROPERTY
3.1 Ownership. POINT AND CLICK VIRTUAL TOURS owns and retains the copyright to all of the images and any multimedia content it produces and has the right to resell it. Customer, Homeowners or appropriate third parties own the copyright to any materials at the Premises which are subject to copyright. Nothing in this Agreement constitutes a transfer of any ownership interest in any intellectual property or other proprietary rights owned by either Party, including but not limited to ownership of POINT AND CLICK VIRTUAL TOURS Trademarks, copyrights, software, patents or patentable technologies, or know-how. All rights not explicitly granted shall be retained exclusively by the respective owner Party hereunder.
3.2 License.
3.2.1 During the term of this Agreement, we grant you a limited, non-exclusive, royalty-free license to use, display, republish and edit the POINT AND CLICK VIRTUAL TOURS imaging that we produce and provide to you. This license is transferable only to Homeowners.
3.2.2 Subject to the terms and conditions herein, during the term of this Agreement, we grant you a limited, non-exclusive, nontransferable, royalty-free license to reproduce in printed marketing material, display on corporate web sites one or more POINT AND CLICK VIRTUAL TOURS trademarks present on the final version of the Services we provide to you (“Trademarks”) for the exclusive purposes of (1) identifying our Services using our Trademarks, and, for real estate brokerages, (2) advertising that you work with us to provide POINT AND CLICK VIRTUAL TOURS Services.
3.2.3 You must not use our Trademarks in connection with the offering or identification of any competitor’s services or wares. Customer must not use any trademark or brand name other than Trademarks on or in connection with any promotion of your use of POINT AND CLICK VIRTUAL TOURS products and services.
3.3 You will not, and will not authorize others to, reverse compile, reverse assemble, reverse engineer or otherwise attempt to create or obtain the source code or algorithms of any POINT AND CLICK VIRTUAL TOURS software or Services. You will not, and will not authorize others to, remove or modify any copyright, trademark patent or other proprietary labels of marketing from any POINT AND CLICK VIRTUAL TOURS product or imaging.
ARTICLE 4 PAYMENT & CANCELLATION
4.1 You must pay for our services at the rates charged at the time each order is placed. Our rates and cancellation fees are listed in our fee schedule, attached or available here.
4.2 We reserve the right to require you to pay in advance in full to cover the contracted Services for each project. If you cancel the Services, we have the right to charge you for all or a portion of the Service price as follows.
4.3 In order to cancel Services without being charged, you must provide us with written notice of cancellation at [email protected] no later than 48 hours prior to the scheduled on-site portion of the Services. Otherwise, our cancellation policy applies.
4.4 If the Premises is not ready for on-site Services at the scheduled appointment time, we charge a $15 delay fee per 15 minute delay or part thereof. If you are expected to be at the Premises and are late to an appointment, we will wait 15 minutes. The time spent waiting for you to arrive may be deducted from the time we allotted for your service request. Please remember, no refunds will be given unless these guidelines are honored.
4.5 If there are loose dogs or other animals on-site who appear to present any kind of danger to POINT AND CLICK VIRTUAL TOURS personnel, POINT AND CLICK VIRTUAL TOURS may cancel the Services and Customer will be responsible for a 100% charge.
ARTICLE 5 INDEMNITIES
5.1 Customer shall indemnify, defend and hold harmless POINT AND CLICK VIRTUAL TOURS from any and all third party (including Homeowner) claims, damages, losses or expenses (including court costs, arbitration fees, penalties, fines, amounts paid in settlement of claims, legal fees and disbursements, and dispute resolution related costs and expenses) which POINT AND CLICK VIRTUAL TOURS may incur arising out of or related to (i) theft, break-in, damage or any other type of loss incurred by Homeowner or the Premises; and (ii) Customer’s breach of its obligations of confidentiality set forth herein.
ARTICLE 6 LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF POINT AND CLICK VIRTUAL TOURS AND ITS SUPPLIERS AND LICENSORS FOR CLAIMS RELATED TO THIS AGREEMENT, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO SUCH CLAIMS.
IN NO EVENT WILL POINT AND CLICK VIRTUAL TOURS OR ITS SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), EVEN IF POINT AND CLICK VIRTUAL TOURS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL POINT AND CLICK VIRTUAL TOURS OR SUPPLIERS OR LICENSORS BE LIABLE FOR THE BREAKAGE OR DAMAGE OF ANY ITEMS AT THE PREMISES, FOR ANY LOST PETS OR OTHER LOSSES RESULTING FROM CUSTOMER OR HOMEOWNER’S FAILURE TO PROPERLY PREPARE THE PREMISES FOR THE ON-SITE SERVICES, FOR ANY BURGLARY, PREMISES BREAK-IN, IDENTITY THEFT, DIGITAL THEFT OR ANY OTHER HARM RESULTING FROM PROVISION OF THE ON-SITE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
Notice Of Responsibility
For any cause or claim against you, which may arise in the course of providing photos; you agree to hold harmless and defend our parent company and or its owners from any accusations of theft or property damage. In The event any employee or contractor accidentally breaks or otherwise damages personal property while in the course of photographing the property, or is accused of such damage, you agree to reimburse seller for any and all expenses involved and will not demand reimbursement us. Any and all employees or contractors that are allowed to enter any property shall be covered by a property insurance policy and/or covered under your corporate general liability insurance policy.
Property Insurance and/or General Liability Insurance
You agree that any property for which a PointandClickVirtualTours.com employee or contractor enters on your behalf, will be safe and free from attacking dogs and/or tenants. You agree to defend and hold PointandClickVirtualTours.com and our photographers harmless regarding any damage to property or furniture, including accusations of same. PointandClickVirtualTours.com is not responsible or liable for the way in which a photo may be used by you.
ARTICLE 7 WARRANTY DISCLAIMER
TO THE EXTENT PERMITTED BY LAW, THE SERVICES, SOFTWARE, FINAL PRODUCT, AND ALL SUPPORT PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS EXCEPT WHERE EXPRESSLY WARRANTED IN THIS AGREEMENT OR A WORK ORDER, AND POINT AND CLICK VIRTUAL TOURS AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 8 GENERAL
8.1 Governing Law and Venue. This Agreement shall be governed by the law of the State of California. The Parties agree that any dispute arising out of or relating to this Agreement shall be brought before the state or federal courts in the County of San Diego, State of California, and both Parties agree that such courts have personal jurisdiction over them.
8.2 Assignment. This Agreement may not be assigned or transferred (by operation of law or otherwise) by Customer without the express prior written consent of POINT AND CLICK VIRTUAL TOURS, which consent shall not be unreasonably withheld. POINT AND CLICK VIRTUAL TOURS may freely assign and transfer this Agreement. Any attempted assignment by Customer without the required consent of POINT AND CLICK VIRTUAL TOURS shall be void. This Agreement shall inure to the benefit of each Party and its successors and permitted assigns.
8.3 Notices. Any notices required or permitted to be given to either Party hereunder shall be deemed properly given when delivered by certified mail (return receipt requested), hand delivery, confirmed email or certified overnight delivery such as Federal Express, and directed to such Party at the address appearing in the first paragraph of this Agreement. Either Party may change its address for purposes of this Section 8.3 upon delivery of written notice of such change to the other Party.
8.4 Severability. If any provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the rest of this Agreement will be legal, valid, and enforceable to the fullest extent possible. Headings used in this Agreement are provided for convenience only, and shall not in any way affect the meaning or interpretation hereof.
8.5 Waiver. No waiver of any right by either Party under this Agreement shall be of any effect unless such waiver is express, in writing and signed by the waiving Party.
8.6 Conflict Between Terms and Conditions and Work Orders. The Parties agree that in the event of a conflict between the provisions contained in this Agreement and any concurrently or subsequently executed work order, the terms contained in this Agreement shall govern.
8.7 Force Majeure. Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war or terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, product recalls, governmental acts, provided that the affected party: (a) gives the other party prompt notice of such cause, and (b) uses its best reasonable efforts to correct promptly such failure or delay in performance. Although Customer’s obligation to pay for Services provided shall not be excused, the delay or failure to pay due to Force Majeure shall be excused. The parties agree that in the event of heavy rain, POINT AND CLICK VIRTUAL TOURS may postpone providing on-site Services with Customer’s oral approval.
8.8 Survival. If this Agreement expires or is terminated, the provisions of Sections 3.1, 3.3, 4.2, 4.3, and Articles 5 – 8 shall survive.
8.9 Attorneys Fees. In the event of any dispute between the Parties, the prevailing Party in any action based upon the dispute shall be entitled to its reasonable attorneys’ fees and costs associated with such action.
8.10 Amendment. This Agreement may be amended only in writing, signed by both Parties. Any purported oral modification hereof shall be void.
8.11 Service Area. Service Area shall be defined as the entirety of San Diego and Orange County. Any services conducted outside of the Service Area will be subjected to Travel Charges, outlined in Exhibit A.
8.12 Entire Agreement. This Agreement, including all exhibits and attachments, and all subsequently executed Work Orders which reference and incorporate this Agreement, is the entire agreement between the Parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, communications and agreements with respect thereto.
Exhibit A
Travel Charge
$50 for up to 50 miles outside the service area.
$150 for 51-100 miles outside the service area.
$200 for 101-150 miles outside the service area.
Fees
Rescheduling fee
$50 rescheduling fee if reschedule in less than 24 hour notice.
$90 rescheduling fee if photographer already left for appointment.
Editing Fees
Fees may apply for the removal of things like pool hoses, stains, utility boxes, holes and marks on walls, etc. If the property owner and/or client wishes for these items to be digitally removed, Editing services fees are billed at $25 per hour.
Cancellation charge
50% charge if cancelling 24-48 hours in advance.
75% charge if cancelling less than 24 hours in advance.
3D Virtual Walk Through Tours and 360 Views
All Virtual Tours will remain online & published for 180 days or until the property is sold. If you wish to keep a tour active longer than 180 days, you can extend your virtual tour for another 180 days, for an additional $50.
Privacy
Who we are
Our website address is: https://pointandclickvirtualtours.com.
Privacy Statement
Your privacy is very important to us. We provide this notice to outline our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on the PointandClickVirtualTours.com website. The only personal information we collect is name, street and email address, and telephone number. Your credit card information will also be collected if that form of payment is used to make your purchase but, that data is only used to process your transaction is not stored in our database. We use the personal information collected from you to facilitate taking your photographs, communicating with your regarding your photographs and other related products and services, and processing any transaction you may do with PointandClickVirtualTours.com.
Such personal information as we collect is not used for any other purpose and is not shared. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put into place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Protecting the privacy of the very young is particularly important to PointandClickVirtualTours.com.
For that reason, we never collect or maintain information at our website from those we actually know are under the age of 13, and no part of our website is structured to attract anyone under 13 to provide information to us. You can correct factual errors in your personally identifiable information by sending us a request detailing the error(s). To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. In the unlikely event any of the personal information you supply us online is misused, you may redress these issues by contacting us directly at [email protected]
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.