This web site uses technology services provided by Home2Market. This Site is offered to you conditional upon your acceptance without modification of all the terms and conditions and services set forth below. Do not use the Site unless You accept all of these terms and conditions. By using this, or any other, Home2Market web site, related data, and/or related services you agree to the following Home2Market User Agreement (“User Agreement”).
This User Agreement, and all of the applicable documents referred to in these terms and conditions (collectively, the “Agreement”), is a legal agreement between Users and Members of Home2Market, Inc. (“You” and “Your” ) and Home2Market, Inc., (“Home2Market”) a California Corporation, with offices at 2310 Homestead Road Suite C1 Los Altos, CA 94024 governing use of the Home2Market web site whether you just browse the Site, subscribe to its Services, purchase products, or make any other use of this Site.
By selecting the “I Agree” box and/or accessing or using any part of this Site, You agree that You have read, understand, and agree to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, You are not permitted to access or use any part of this Site or the services provided.
Home2Market reserves the right at its sole discretion to deny services and access to anyone at any time for any reason, and to make changes to this Agreement at any time by posting an amended Agreement on its Site. Any subsequent use of any part of the Site will be considered Users acceptance of the amended Agreement. Users should review the Agreement on the Site from time to time to become familiar with any changes. All changes are binding on you as of the date they are posted on the Site.
“Archive” means an archive of Content created and maintained through the Users account.
“Archive Owner” is a Home2Market user who designs, creates, markets, or sells Content using the Service and who holds, or acts as the exclusive holder of the copyright(s) for such Content.
“Content” means any content archived, designed, created, marketed or sold using the Site, including, but not limited to, animation, composites, fonts, graphics, illustrations, photographs, websites, video, or any other visual representation, including, but not limited to, all accompanying metadata and other material (such as captions, keywords, descriptions and pseudonyms).
“eCommerce” means the ability to sell and license Content via the Service.
“Gallery” means division within Home2Market account per Tour number containing Content for use of marketing a property.
“Listing” means the contract between property owner and Broker that contains the beginning and the end date of the offering of a property for sale.
“Member” means any User of the Site including but not limited to a Buyer, Home2Market photographer, or any third party service provider who may support the Service and Site from time to time.
“Property Release” means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Content.
“Service” means all of the hosted web-based application services that Home2Market offers, and all technology, processes and materials used to provide such services.
“Site” means Home2Markets online service website found at the URL: http://www.Home2Market.com
“User” means any person, company, organization or entity using the Site or employing the Services provided by Home2Market and its third party partners.
All Content displayed on the Site is owned by Home2Market and protected by United States copyright laws and international treaties.
If, at any time in its sole and absolute discretion, Home2Market determines that You have infringed or will infringe upon any copyright, including but not limited to copyrights owned or controlled by Home2Market, through use of the Site or the Service, Home2Market may remove and delete You without any liability to You or any third party.
Home2Market solely and exclusively owns all intellectual property and other rights, title and interest in and to the Service and the Site. Home2Market has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Service and the Site. You do not acquire any right, title or interest in such property, under this Agreement, by use or otherwise.
You have no right to modify, extend, or prepare derivative works of the Service. Any feedback and suggestions provided by You with respect to the Service shall be owned by Home2Market. You assign all right, title, and interest You may have in such feedback and suggestions to Home2Market. You have no right to sell, transfer, license, and sub-license or otherwise distribute the Service, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.
All images photographed by Home2Market photographers belong solely to that photographer and may be used by the photographer for any commercial or non-commercial purpose. The customer (real estate agent and /or property owner) may not resale the images or use the images for any purpose, other than to market the property for which the images were photographed, without the prior written consent of the photographer.
VIRTUAL TOUR RULES
No refunds will be issued for tours that have already been photographed, but not yet posted
Once a tour is processed, it will be posted to a unique Internet address on the Home2Market website. The URL to the tour will be sent to the email address provided to Home2Market. This URL can be freely used to create a link from your own personal website. Home2Market is not responsible for emails not received. To lower the chances of your Home2Market emails being mistakenly marked as spam or trash, we strongly recommend that you add support360@Home2Market.com to your address book.
The following events will result in a cancellation fee:
The agent or homeowner must be present at the scheduled time of the tour, unless otherwise arranged with Home2Market.
The home must be clean and presentable at the scheduled time of the tour.
The client must provide the valid address of the home at tour purchase.
Any cancellations due to weather except for extreme circumstances such as a flood, fire, earthquake, etc. may result in a cancellation fee.
A client may reschedule a tour but must do so more than twenty-four hours prior to the originally scheduled time or they will be assessed a cancellation fee.
A client may substitute one home for another home in the same area, but must do so more than four business hours prior to the originally scheduled time or they will be assessed a cancellation fee.
The Home2Market photographer will shoot the home as-is. That is, he/she will not move objects, straighten or dust objects, open or shut windows or doors, etc. The photographer will, however, turn lighting on or off and open or shut blinds if it results in better images.
Once the photographer has photographed a home, the tour may not be cancelled. The client will be charged the full price of the tour.
If an agent is not happy with the photographs taken of a home, he or she may request a reshoot within 30 days of ordering the tour. The photographer will come and take pictures of the same home for a nominal “reshoot fee”. After 30 days, the full tour price will be charged.
Home2Market reserves all rights to update these Terms and Conditions at any time.
Premium monthly members: Tours shall remain active on the Internet as long as an agents membership is active. Once a membership has been canceled, all existing virtual tours will become inactive.
Agent agrees to upload appropriate and applicable images only. Personal images are not considered acceptable. Any image that CirclePix deems to be inappropriate will result in a deactivation of that particular self-service tour. Agent is responsible for any issues, legal or otherwise, that result from images posted to the tours.
Agent agrees not to post virtual tours for anyone other than the account holder(s). Anyone activating self-service tours for other agents will have their accounts immediately terminated.
Self-service tours are for residential real estate use only. Any self-service tours that are not being used for residential real estate use will become inactive.
Agent agrees to be held responsible for all posted information on all self-service tours and agrees to not place, or allow anyone using your account (such as a team member) to place, copyrighted material on your tours without the permission of the copyright owner. Accounts may not be shared.
CONDUCT AND SECURITY RULES
You acknowledge that use of the Site is a limited, terminable, nonexclusive right of access. You agree that you are responsible for your use of the Site and for any addition you make of content to the site and for content that you communicate, publish, display, post, or transmit to others. You agree to use the Site in a manner consistent with the requirements of Home2Market and respect for the rights of Home2Market, Users, Members, and third parties. You agree to comply with all terms, conditions, laws and treaties applicable to Users and/or Members use of the Site and Service. You may not use the Service or the Site to engage in, promote, facilitate, or encourage any illegal activities or any activities that may violate the rights of others, including without limitation the harassment of any third parties. You may not attempt to damage, disable, overburden, gain unauthorized access to, or otherwise interfere with the Service or the Site or any system, service, or network accessible through the Service or Site, including without limitation, deliberate attempts to overload a system. You may not gather or collect email addresses or other contact information of other Users or Members through the Site or Service for the purpose of sending unsolicited emails or other unsolicited communications or use automated scripts to collect information about the Site or Service or for any other purpose.
You agree not upload or provide for upload to the Site or Service, or otherwise display, transmit, or distribute using the Site or Service any Content that (a) infringes or misappropriates any intellectual property or other right of any third party or that You otherwise do not have sufficient right to, (b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (c) is harmful to minors in any way, or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Circumvention of Content use through unlocking a Gallery located in the Users account or any other Home2Market Service (i.e. for the purposes of avoiding transaction fees) is strictly prohibited by all User/Members and will be monitored by Home2Market.
REGISTERING AS A MEMBER
To become a Member, You agree to register with Home2Market through its online registration process at the Home2Market corporate site currently located at http://www.Home2Market.com, one of its Member Sites, or any other Home2Market site in which Member registration is available. Only Members have the right to enter into additional agreements with Home2Market to provide additional services to Home2Market, including but not limited to Photography services, Sales and Marketing services, Imaging Processing services, and other services used by Home2Market from time to time.
You agree to provide Home2Market with accurate and complete contact information if You register as a Member. You agree to promptly notify Home2Market if any of this information changes.
You agree to select a password upon registration. You are responsible for all use of this password, including without limitation, any use by any unauthorized third party. You agree to notify Home2Market immediately if You believe this password is or has been obtained or used by any unauthorized person or entity. In addition, You agree to notify Home2Market immediately if You become aware of any other breach or attempted breach of the security of Home2Market.
Home2Market may require that you enter into additional agreement(s), beyond this User Agreement, if You wish to use the Site for more than just establishing a Home2Market account.
USE OF CONTENT
Home2Market grants Buyers the limited, terminable, non-exclusive right to access and use Tour Gallery Content during the period of a property listing. When the listing contract ends, the Content is moved to an Archive.
REPRESENTATIONS AND WARRANTIES AND REQUIREMENTS FOR USE OF THIS SITE
As a condition of Your use of this site You represent and warrant to Home2Market (i) that you are of legal age and capacity and have the full power and authority to enter into and perform under this Agreement to create a binding legal obligation; (ii) the execution and performance of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules; and (iii) that this Agreement is a legal, valid, and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions; (iv) all information submitted is true and accurate; (v) You agree to use this Site in accordance with this Agreement.
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
Home2Market PROVIDES THE SITE AND THE SERVICE ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” Home2Market DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, OR THE USE OF EITHER (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH YOUR HARDWARE OR SOFTWARE.
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME2MARKET AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY , TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THORUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
Home2Market WILL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SITE OR SERVICE OR FOR DAMAGE TO, OR LOSS OR DETERIORATION OF, ANY CONTENT.
Home2Market makes no warranty regarding the quality or non-infringement of any Content. Home2Market makes no warranties other than those made expressly in this agreement.
You are solely responsible for your interactions with other Users of the Site and Service. Home2Market reserves the right, but has no obligation to monitor disputes between or among Users.
In no event shall the total liability of Home2Market or its providers from any cause whatsoever, arising from or related to the terms or use of the Site or Service or the express terms of this Agreement, exceed the amounts paid by You to Home2Market, if any, for the use of the Site or Service and shall not be claimed more than 12 months after the date of cause, notwithstanding any longer period that might otherwise be allowable by law. This limitation of damages and time within which to make a claim are fundamental elements of the offering of the Service by Home2Market to You. This Site and the Service would not be provided by Home2Market without such limitations.
You release Home2Market (and its affiliates, officers, directors, agents and employees) from any and all claims, causes of action, suits, liabilities, demands, damages, losses, costs, or expenses of any nature whatsoever, known or unknown, whether direct, consequential or otherwise, known and unknown, arising out of or in any way connected with any dispute or claim User has with the Site or Service or with any other User. If User is a California resident, User waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
ELECTRONIC COMMUNICATIONS; NOTICES
The information communicated on this Site constitutes an electronic communication. You agree that Home2Market may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Home2Market provides to You electronically, including without limitation by posting on the Site 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 Home2Market. Notices and communications to Home2Market must be sent to the applicable address given in this Agreement or to Home2Market at:
2310 Homestead Road Suite C1 Los Altos,
This Agreement will be governed by the laws of the State of Californita and You agree that any action or proceeding to enforce this Agreement shall be brought in the federal or state courts located in California and You expressly waive any right to proceed in any venue other than a California venue.
In its sole and absolute discretion, with or without notice to You, Home2Market may suspend or terminate rights under this Agreement. The Site and the Service, and the benefits of each, are offered at the discretion of Home2Market. Home2Market has the right to modify or discontinue, temporarily or permanently, the Site or Service, in whole or in part for any reason, with or without notice to You. You agree that Home2Market will not be liable to You or any third party for any modifications or discontinuance of the Service.
The following provisions of this Agreement will remain in effect regardless of any termination of Your use of the Site or Service, or termination of this Agreement: Ownership; Disclaimers, Exclusions, and Limitations; Indemnification; Electronic Communications; Notices, Jurisdiction; Termination; and Miscellaneous.
Neither this Agreement, nor any of Your rights or obligations pursuant to this Agreement or regarding use of the Site or Service, is assignable or transferable by You without the prior written consent of Home2Market which shall be in its sole discretion. Any attempted assignment without Home2Markets consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.
No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.
You and Home2Market are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable, that determination shall not affect copyrights ownership of the Content the entirety of which shall remain the exclusive property of Home2Market.
This Agreement, including all of the terms, conditions, rules, and policies referred to herein, contains the entire understanding of the parties regarding its subject matter.
If you have questions or concerns regarding this User Agreement, the practices of Home2Market, or your dealings with the Site, please contact us at: