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