Terms of Service

These Terms of Service, together with all of the documents referred to or attached herein (collectively, the “Agreement”), is a legal Agreement between you (“you,” “your,” or “user(s)” whether or not capitalized) and Virtuance, LLC (“Virtuance,” “us,” “we” or “our”) a Colorado Limited Liability Company governing the access and use of this website (https://www.virtuance.com__) (“Website”), including all deliverables, materials, content, functionality, and services offered by Virtuance (collectively a “Service” or the “Services”) whether as a guest or registered or unregistered user or whether or not you purchase Services from Virtuance.

Please read these Terms of Service carefully before you start to use our Website or Services. Please also read our Privacy Policy at www.virtuance.com/privacy-policy. BY USING OUR WEBSITE OR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THEM INCLUDING ALL DOCUMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OUR WEBSITE OR USE OUR WEBSITE OR SERVICES.

By using our Website or Services you agree to be bound by the version of this Agreement in effect when you do so. We may revise and update any part of this Agreement from time to time in our sole discretion, and when we do so, we will post the updates to our Website. All changes are effective immediately when we post them and will apply to all access to and use of our Website or Services thereafter. Your access or use after such posting will constitute acceptance by you of such changes. If you object to anything in this Agreement or our Privacy Policy, do not use the Website or the Services.

Eligibility

By using our Website, you represent and warrant that you are eighteen (18) years of age or otherwise of legal age to form a binding contract and abide by the terms and conditions.  If you accept or agree to this Agreement on behalf of another individual, or a company or other legal entity, you also represent and warrant that you have the legal authority to do so and in such event, the uses of “you” or “your” in this Agreement will refer and apply to such third party. If you do not meet all these requirements, you must not access or use our Website.

Privacy Policy

Virtuance values your privacy. Please review our Privacy Policy at www.virtuance.com/privacy-policy which describes our privacy policies in detail, including the kind of information we collect about you, how we use the information collected, and how we protect your personal information and honor your requests regarding your personal information.

Website, Services and Your Consent.

We reserve the right to withdraw or amend our Website, and any Services or material we provide on our Website, in our sole discretion without notice to you.  Unless we have specifically agreed otherwise, we will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.  In order to protect the integrity of our Website and Services, Virtuance reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

By accessing the Website, registering on the Website or using our Services, you consent to have this Agreement provided to you in electronic form and agree that Virtuance may communicate with you electronically.   All communications, including notices, disclosures, updates, agreements, and other communications that Virtuance provides to you electronically, including without limitation by posting on the Website or by email at the address designated by you, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Virtuance. Notices and communications to Virtuance must be sent to Virtuance at: Virtuance, LLC, 1660 South Albion Street, Suite 800, Denver, CO 80222 or [email protected]

We will provide to you our Services and Deliverables requested via the Website or as otherwise agreed in writing by you and us.   Examples of our current Services and packages and terms and conditions specific to certain Services are described below or on our Website.   We will include content and functionality on our Website or designate the number of our employees or contractors that we determine to be sufficient, in our sole discretion, to be capable of supporting our Services.  Virtuance reserves the right to use contractors or third parties to complete any Services or provide any Deliverable in our sole discretion.

Your Obligations

  1. You are responsible for making all arrangements necessary for you to have access to our Website, Services and Deliverables.
  2. You are responsible for ensuring that all persons who access our Website and Services through your internet connection are aware of this Agreement and comply with it.
  3. To access this Agreement, our Website, or some of the content on the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website and Services that all the information you provide to us is correct, current and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive features on our Website, is governed by our Privacy Policy and this Agreement and you consent to all lawful actions that we take with respect to your information, as long as such actions are consistent with our Privacy Policy.
  4. If you have an account to use our Services through our Website and have specific login credentials, such as a user name, password or any other piece of information given as part of our security procedures (collectively “User ID”), your User ID must be treated as confidential, and you must not and will not disclose such information to any other person or entity. You also acknowledge that your User ID is personal to you – for your individual and exclusive use only – and that you expressly agree not to provide any other person or entity with your User ID or allow them to access to your account, our Website, or to obtain Services without our authorization. You agree to notify us immediately of any suspected or confirmed unauthorized access to or use of your User ID or any other breach of security that could affect us or our Services to you. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your User ID, your other personal information, or information that we generate or display on our Website.  Virtuance will not be liable for any loss or damage arising from your failure to comply with this provision.
  5. We have the right, but we are not obligated, to disable any User ID or other identifier, whether chosen by you or provided to you by us, at any time in our sole discretion if, in our opinion, you have violated any provision of this Agreement or you have indicated that you no longer consent to electronic communications. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Please print a copy of this document for your records.
  6. You agree to respond promptly to any reasonable requests from us (or any of our authorized representatives) for instructions, information or approvals required by us to provide our Services.
  7. You agree to cooperate with us in our provision of our Services, and to give access to your systems, premises, employees, contractors, information and equipment as required to enable us to provide our Services.
  8. You agree to comply with:
    1. our Privacy Policy;
    2. this Agreement;
    3. all payment obligations;
    4. any addenda to this Agreement including customized Services or pricing for Services or other special terms and conditions entered in to with us; and
    5. any nondisclosure and/or confidential disclosure agreement(s) entered into between us.

Terms Related to Specific Services

Virtuance offers these standard Service packages with the following specific terms and conditions:

  • HDReal® Images – Images produced as part of the service by Virtuance Photographers and processed through Virtuance’s HDReal® Image Processing System.
  • Virtuance Marketing Suite – Web Application within which the Services are delivered to users.

Enhancements

For a complete list of Service Package contents and available ‘Enhancements’, please visit www.virtuance.com.

Virtuance reserves the right to process more or less than the specified number of photos in each package, dependent upon the unique situation of each property.

Scheduling

After your order is placed, a Virtuance representative will contact you either via telephone or email to schedule your Services if you do not choose to schedule your photoshoot online at the time of order.

Virtuance is not liable in any way if Virtuance cannot get in touch with you if you provided inaccurate contact information during the registration process or if you are unavailable or for any other reason.

If neither an agent nor property owner is present at the time the Services are scheduled to be performed, and no prior requests related to the expected photo shot selection has been made, all photos taken will be at the discretion of the photographer.

It is always the property owner’s and/or agent’s responsibility to prepare the property for the photo shoot, and Virtuance is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. Virtuance shoots all photos of the property in “as-is” condition except for minor changes made to the properties lights and window coverings to enhance photo quality.

Unless access to the property is otherwise arranged, an agent or property owner must be present at the time of the tour. Virtuance is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees as a result of property inaccessibility.

Distribution of Services and Deliverables

After a shoot is completed and the photos are processed, the photos and tours will be uploaded to the Website. An email containing a link to the photos and Services will be sent to the contact on file. Virtuance is not responsible for emails not received but will make an attempt to send Deliverables to an alternative email address if notified that the initial email was not received.

No refunds of fees will be given if a listing sells between the time the photos are taken and the time they are distributed to the agent and/or property owner.

Internet Display

You agree that all photos and images displayed on the internet are the property of Virtuance.  You also acknowledge and agree that all Deliverables that are uploaded to the internet may be available for public viewing. If an agent or property owner’s contact information is attached to a Deliverable or listing, it may be displayed online for public viewing.

Virtuance reserves the right to send your property information and Deliverables to other real estate websites and portals in order to generate more exposure for your listings. If you do not wish for such distribution, you must request that we do not send your listing data to any third parties when requesting the Services.

Term of Agreement

This Agreement will remain in full force and effect while you use the Website or any Services and/or have an account with us or are a registered user.  Virtuance may terminate this Agreement, or decline to provide certain Services, at any time if you are not in compliance with all the terms and conditions of this Agreement, including payment obligations, or as otherwise provided in this Agreement.  Unless you and Virtuance have agreed in writing to a different termination procedure, you may terminate this Agreement or your account registration at any time, for any reason, by (a) following the instructions via the Website using the account settings, or (b) by sending Virtuance written notice of termination to Virtuance Termination, 1660 South Albion Street, Suite 800, Denver, CO 80222; or (c) by sending an email notice of termination to [email protected]  Even after this Agreement is terminated, all payment obligations and any terms that by their nature should survive termination of this Agreement shall be deemed to survive such termination. With respect to Confidential Information that constitutes a trade secret under applicable law, the confidentiality provisions of this Agreement will survive termination until, if ever, such Confidential Information loses applicable trade secret protection.

Fees and Payment

You agree to pay us the fees in effect for each Service selected by you at the time you request the Service.  Prices are different for Services performed for residential properties and commercial properties. If fees for a particular Service are not listed on the Website or already agreed between us, contact Virtuance for more information. You agree to pay all fees in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason.  All taxes which may be imposed on any transaction under this Agreement are your responsibility (other than taxes based upon our income) and will be paid directly by you.   All pricing for Services is subject to change at any time.  All late payments will bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You will also reimburse us for all expenses incurred by us in collecting any late payments from you, including, without limitation, attorneys’ fees. In addition to all other remedies available under this Agreement or at law, we will be entitled to immediately suspend your account or Services without prior notice to you if you fail to pay any amounts when due.

Virtuance will bill you for requested Services and Additional Fees through an online account (your “Billing Account”) at the completion of each Service.   If you and Virtuance have not agreed in writing to a different invoicing and payment process, you agree to pay Virtuance for all fees for Services requested by you or other persons (including your agents) via your Billing Account.  You agree to enter into your Billing Account valid payment card information and you authorize Virtuance to charge such payment card for all fees (your “Payment Method”).  You agree to make payment using your selected