Welcome to Homevisit.com, which is operated by HomeVisit, LLC (“HomeVisit” or “we,” “our,” or “us”). HomeVisit provides integrated marketing solutions for real estate agents and brokers, including: fusion photography, 3D model scanning, stabilized video, floor plan creation, online virtual tours and property websites, ePrint web to print platform and printed marketing materials (collectively, the “Services”). Any and all use of HomeVisit’s Services is subject to these terms and conditions (the “Terms of Use”) and by using such Services, the user (“you”) confirm that you have read and agree to the following provisions of these Terms of Use. Further any written agreement you may have with HomeVisit to obtain Services (“Services Agreement”) shall incorporate these Terms of Use.
HomeVisit reserves the right to change these Terms of Use at its sole discretion, at any time. If any change is not acceptable to you, you must discontinue your use of the Services immediately. Using the Services after changes to these Terms of Use constitutes your irrevocable acceptance of such changes. HomeVisit may, in its sole discretion, notify you of such changes, although it is not required to do so. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
A. Your Use of the Services. You may only use the Services (including registering for the Services) if you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and be bound by, these Terms of Use in their entirety. You represent that you are over the age of 18. If you are under the age of 18, you are not authorized to use the Services and must cease all use of the Services. Moreover, you represent that you are the individual, broker, brokerage, agent or other legal entity purchasing the Services hereunder.
B. Usernames, Passwords and Account Information. To open an Account or make purchases of Services through HomeVisit.com, you must register and submit information in the manner set forth on the HomeVisit.com site. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by HomeVisit. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify HomeVisit immediately at the Contact Information set forth in these Terms of Use. For your protection, if HomeVisit believes that any unauthorized access may occur or has occurred, HomeVisit may terminate access without prior notice to you. You also agree that HomeVisit is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. HomeVisit will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use. When you register for, use or set up an Account for the Services, you will be asked to provide accurate contact and other information to enable us to provide the Services to you. You warrant that all such information provided by you is accurate to the best of your knowledge. You further agree to receive any notices from HomeVisit to you regarding your use of the Services at the email or other addresses set forth in your contact information. You are obliged to notify HomeVisit of any updates or changes to any contact or other registration information that you provide in connection with your use of the HomeVisit.com or the Services.
C. The Subject Property. You represent that (1) you are the owner of the real and personal property that is the subject of, or related to, the Services or your Services Agreement with HomeVisit (the “Property”) or (2) you are an authorized agent of, and have full authority of, the Property owner to agree to these Terms of Use on behalf of such Property owner and you acknowledge that you and the Property owner are bounds by these Terms of Use.
D. Changes. Scheduled photography shoots may be changed, rescheduled or cancelled in writing without penalty at any time more than twenty-four (24) hours before the scheduled shoot time. Any changes, rescheduling or cancellations made by you less than twenty-four (24) hours prior to a previously scheduled photography shoot may incur a fee, in HomeVisit’s sole discretion. Changes to the scope or content of a scheduled photography shoot may also incur additional fees and costs and possibly require rescheduling. As between HomeVisit and you, you shall be solely responsible for the condition and readiness of the Property, HomeVisit’s access to the Property, and any other factors on site at the Property to enable HomeVisit or its contractors conduct the scheduled photography shoot. Neither HomeVisit nor its contractors shall have any obligation to conduct a photography shoot for a Property that HomeVisit or its contractors determines is not camera-ready.
E. Payment. Unless otherwise provided in a Services Agreement, payment for any Services shall be due in full at the time of scheduling a photography shoot. No rights shall be granted to you under these Terms of Use until HomeVisit is paid in full for the Services. Unless otherwise provided in a Services Agreement or otherwise in connection with setting up an account at HomeVisit.com, your payment of HomeVisit for any Services, constitutes acceptance of and agreement to these Terms of Use. Further, both you and any party you represent in connection with obtaining the Services or on whose behalf you enter into a Services Agreement with HomeVisit, will be jointly and severally liable for full payment of all amounts due and performance under any Services Agreement with HomeVisit.
G. Grant of Rights in the Property. You represent that you, or the owner of the Property (if a separate individual or entity on whose behalf you are an authorized agent), own or license and have the right to sublicense to HomeVisit any intellectual property rights in the Property, including without limitation any copyrights in architectural works (collectively, the “Property IP”). You further grant, and agree to grant, to HomeVisit, its affiliates, contractors, agents, vendors, licensees, a non-exclusive, perpetual, royalty-free, fully paid up, fully transferable, sublicensable worldwide right and license, to use, create, reproduce, display, transmit, and distribute the Property IP in any and all media now known or hereinafter developed for purposes of providing the Services.
H. Ownership of Work Product. You acknowledge and agree that as between you and HomeVisit, HomeVisit is the exclusive owner of all right, title and interest in and to the Work Product (defined below). In exchange for payment to HomeVisit for the Services and your grant of rights in the Property IP to HomeVisit, HomeVisit grants you the limited, non-exclusive, non-transferable right to use the Work Product in any media in connection with marketing and promoting the Property, your listings, your real estate business or brokerage (the “License”). The foregoing License is not sublicensable, except that you may authorize use of the Work Product in third-party publications, services and web sites, including without limitation the Multiple Listing Service or “MLS,” real estate listing web sites and publications, solely for the purpose of advertising the Property listing. For the avoidance of doubt, the MLS is not required to remove or delete the Work Product upon the expiration or termination of the listing. For purposes of these Terms of Use, “Work Product” shall mean all content related to the Property developed and produced by HomeVisit in connection with the Services, including without limitation images, photos, designs, video content, films, floor plans, three dimensional content, software, graphics, audio, animation and other audio visual and other content related to the Property, including translations, adaptations, modifications and derivative works thereof. Work Product shall not include any Property IP. All rights in the Work Property not expressly granted hereunder are reserved exclusively to HomeVisit. You acknowledge and agree that, except for the License granted to you, you have no ownership rights in the Work Product and no right to sell or license the Work Product to any third party or copy, modify, reproduce, or create derivatives of the Work Product without the prior written consent of HomeVisit in its sole discretion.
I. Representations and Warranties. You represent and warrant that:
(1) You are authorized to enter into these Terms of Use with regards to the Property;
(2) You have obtained all appropriate and necessary waivers, permissions, consents, licenses, releases and/or authorizations, including without limitations from the Property owner(s), architect and owners of any rights to any protected works embodied in or adjacent to and depicted in any photography of the Property (collectively “Permissions”) to grant the rights to HomeVisit as set forth in these Terms of Use; and
(3) All owners and occupants of the Property have waived in writing any rights of privacy or publicity in relation to the images created, used and distributed pursuant to these Terms of Use and any Services Agreement you may have with HomeVisit.
J. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE OR A SEPARATE SERVICES AGREEMENT WITH HOMEVISIT, HOMEVISIT PROVIDES THE SERVICES ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEVISIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF CONTENT, OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.
K. Limitation on Liability. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE OR A SEPARATE SERVICES AGREEMENT WITH HOMEVISIT, (1) IN NO EVENT SHALL HOMEVISIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SERVICES; and (2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEVISIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HOMEVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
L. Indemnification. You agree to defend, indemnify and hold harmless HomeVisit, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: (a) your breach of these Terms of Use, including, without limitation, any representations or warranties made by you herein; (b) any action taken or permitted by you which disrupts, degrades or damages the Services or related content created in connection therewith; (c) your infringement or other violation of any intellectual property right of HomeVisit or any other person or entity; (d) any negligent, wrongful conduct, or intentional torts, by you or any Property owner on whose behalf you contracted with HomeVisit; (e) any materials (including all content images) provided by you to HomeVisit; (f) your use of the Services; (g) your violation of the rights of any third party; or (h) your actual or alleged violation of any federal, state, local or foreign law, or regulation. You agree that you will cooperate as fully and reasonably as required by HomeVisit in the defense of any claim arising out of your use of the Services. Notwithstanding the foregoing, HomeVisit reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against HomeVisit arising out of or related to your use of the Services, and in no event shall you settle any such claim without HomeVisit’s prior written approval.
M. Feedback Regarding the Services or Our Business. You may provide suggestions, comments or other feedback on our Services or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and HomeVisit has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although HomeVisit will not publicly disclose the source of such feedback.
N. Dispute Resolution; Binding Arbitration. Except for disputes relating to enforcement of a party’s patent, copyright, trademark or trade secret rights, or if you opt out of arbitration pursuant to Section P, all claims arising out of or relating to these Terms of Use and/or the Services shall be finally settled by binding arbitration administered by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures then in effect, excluding any rules or procedures governing or permitting class actions. The JAMS rules may be found and reviewed at https://www.jamsadr.com/rules-comprehensive-arbitration. The arbitration will take place in Orange County, California, unless another location is mutually agreed upon by you and HomeVisit. The arbitrator, who shall be selected in accordance with the JAMS rules, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to these Terms of Use. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This dispute resolution provision will be governed by the Federal Arbitration Act. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
O. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
P. Arbitration Opt-Out. You have the right to opt out and not be bound by the arbitration and class-action waiver provisions set forth in these Terms of Use by sending written notice to opt out to HomeVisit, 40 Pacifica, Suite 900, Irvine CA 92618. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt out of these arbitration provisions, HomeVisit also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, HomeVisit may terminate these Terms of Use and your use of the Services.
Q. Governing Law and Venue. Subject to Section N, the parties submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior and Municipal Courts of the State of California, Orange County in any litigation arising out of these Terms of Use. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties waive all rights to a jury trial. The prevailing party shall be awarded its reasonable attorney’s fees and costs in any lawsuit arising out of or related to these Terms of Use.
R. Entire Agreement. Except as otherwise expressly provided herein, these Terms of Use, together with Services Agreement, modifications or amendments to same, shall constitute the entire agreement between HomeVisit and you regarding your use of the Services.
S. Severability. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
T. Waiver. Any failure by HomeVisit to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of HomeVisit’s rights or remedies, which shall remain available to HomeVisit.
U. Assignability. The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of HomeVisit, in its sole discretion. HomeVisit may sell, assign, or convey any or all of its rights and obligations under these Terms of Use without your consent or notice to you. These Terms of Use shall be binding upon you, your successors and approved assignees.
V. Contact Information. By creating an account or using the Services, you agree that we may contact you using any of the personally identifiable information (including email or physical street addresses, telephone numbers, etc.) that you provided in connection with registering for the Services. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to service@homevisit.com.
W. Claims of Copyright Infringement; DMCA Takedown. This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. Urbanimmersive respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Upon receipt of notification of claimed infringement, HomeVisit will follow the procedures outlined herein and in the DMCA. HomeVisit's "Designated Agent" to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify HomeVisit in writing:
Any claim of copyright infringement should include sufficient information to enable Urbanimmersive to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:
HomeVisit c/o Urbanimmersive
Attn: Legal Department
3135 Boulevard Moïse-Vincent, Suite 306
Longueuil (St-Hubert), QC, Canada, J3Z 0G7
hello@urbanimmersive.com
1-877-246-9887
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if HomeVisit is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, user-posted material that is claimed to be infringing. HomeVisit will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, HomeVisit may, in its discretion, terminate authorization of users of the Services who are repeat infringers.
You may contact HomeVisit regarding the Services or these Terms of Use at service@homevisit.com.
