TERMS, CONDITIONS and PRIVACY POLICY

By ordering a A1 Virtual Tour Package or service, the Realtor/Broker and or Property Owner agrees to the following terms and conditions:

  1. Obtain full permission from the property owner(s) to allow A1 Virtual Tours to photograph and publish their home and property on the internet. The client shall indemnify and hold harmless A1 Virtual Tours against all claims, liability, damages, and expenses in connection with any third party claim arising out of use of said material hereunder.
  2. "Photograph(s)" means all photographic material furnished by Photographer hereunder, whether transparencies, negatives, prints, digital media or otherwise.
  3. Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of A1 Virtual Tours.
  4. Prepare the home or property for photography. This includes removal of debree, clutter, animals and general untidiness.
  5. Attend the appointed photography session. Client agrees if he or she is not present 1/2 hour after the scheduled appointment time, to pay a $50.00 no show fee to A1 Virtual Tours
  6. Payment for the total cost of the chosen virtual tour package(s) and or option(s) will be made at the time of purchase. If additional photographs, images and or services are requested by the client during the time after production commences, then the client agrees to pay immediately by check or credit card upon presentation of an invoice for such additional photographs, images and or services. We accept checks, money orders or credit cards (Visa, Mastercard, American Express or Discover) as payment. Client agrees to pay a fee of $50.00 per returned check from his bank for any reason. Time is of the essence for receipt of payment and return of media. No rights are granted until timely payment is made.
  7. Client will not prevent A1 Virtual Tours from making or permitting any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
  8. Client shall indemnify and defend A1 Virtual Tours against all claims, liability, damages and expenses incurred by A1 Virtual Tours, including reasonable legal fees and expenses, arising out of any use of any photographs for which no release was furnished by A1 Virtual Tours, or any photographs which were altered by the client. Unless so furnished, no release exists. A1 Virtual Tours liability for all claims shall not exceed in any event the total amount paid under this invoice.
  9. Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of A1 Virtual Tours, Client, Client's principals, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, oral authorizations for fees or expenses which could not be confirmed in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
  10. Any dispute regarding this agreement shall be arbitrated in the State of North Carolina under rules of the American Arbitration Association and the laws of State of North Carolina. Judgment on the arbitration award may be entered in any court having jurisdiction.
  11. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by photographer under the Copyright Act of 1976, as amended.
  12. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, A1 Virtual Tours will charge no additional fee and Client will pay all expenses.
  13. Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of A1 Virtual Tours fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Weather postponements: Adverse weather conditions which may hinder or prevent a proper photography session are determined by A1 Virtual Tours In this case, the client agrees to pay for 50% of the total cost of the virtual tour package.
  14. A1 Virtual Tours retains for life reproduction and display rights to all photographs for use in providing images to future clients so long as they are deemed public in nature, photographic competition, promotional materials and any publication of an original manuscript or portfolio presentation for trade or other use. “Public in nature” shall be any subject media that would be visible to the general public from the location the subject media was captured without the requirement of special access being granted by the client.
  15. A1 Virtual Tours will host the virtual tours on a1virtualtours.com for a duration. The extent of the duration is 12 months from the first day the virtual tour is active on a1virtualtours or until the time that the listing property is sold or removed from the Multiple Listing Service, or at the request of the client, whichever comes first. The client may request an additional duration commencing after the 12 month original duration. A1 Virtual Tours will charge a fee for this extended period. Please contact A1 Virtual Tours for fee information.
  16. All prices for services including tour packages and options listed on A1virtualtours.com web site are subject to change without notice.

Privacy Policy

A1 Virtual Tours will not use your personal information for any purpose other than that for which it is submitted. A1 Virtual Tours uses personal information to reply to inquiries, handle concerns, provide operational notices and for user registration. A1 Virtual Tours also processes billing and business requests related to program participation. At certain points where personal information is collected on the A1 Virtual Tours site, there may be a box to indicate your subscription preferences related to programs and services. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. Billing information is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online questions or requests.

January 2010

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