OVERVIEW


This website is operated by Visualize. Throughout the site, the terms “we”,
“us” and “our” refer to Visualize. Visualize offers this website, including all
information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of service, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. Byaccessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of
the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information.

Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the thirdparty’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 – LIMITATION OF LIABILITY

In no case shall Visualize, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 – BOOKINGS AND APPOINTMENTS

  • When booking with us you are responsible for providing us with the
    required and accurate information about the details of your
    appointment, including:
    • Full name
    • Email address
    • Phone number
    • Full address (including Zip Code) of the property where the appointment will take place
    • Size of the property in sq. ft.
    • Access codes and instructions
    • Special requests and requirements, which include personal preferences Failure to provide us with this information may result in us cancelling your appointment without prior notice and charging you a cancellation fee. If the information provided is inaccurate or incorrect, we may also cancel your appointment without prior notice, and charge you a
      cancellation fee.
  • Clients are responsible for making sure their order is correct before making a booking.
  • It is the client’s responsibility to make sure that the property is prepared for the appointment. If in any case the property has not been fully prepared for the appointment, the photographer will then complete the shoot and the client will be held responsible for any unwanted items or parts that appear in the photos.
  • Our available slots are subject to the availability of the photographers and may change from time to time. We reserve the right to make any changes to our weekly availability without prior notice.
  • Our business hours are 8:30 am – 5:00 pm Monday-Saturday. We do not work on Sundays.
  • The areas the we include in our photos and videos are the exterior of the property, entryway, living room, kitchen, breakfast nook, dining room, office, formal living room, game room, master bedroom, master bathroom, secondary bedrooms and secondary bathrooms. If a client wishes us to take photos of other areas such as the garage, closets, a barn, a warehouse, and any other area different to the ones previously listed, it is their responsibility to let us know in advance or during the appointment.
  • Although it is not a requirement, we recommend and encourage that someone is present at the appointment to guide the photographer and review the photos or videos with them to make sure the client is fully satisfied with the product. It is the client’s responsibility to make sure they provide us with as much support and directions as needed to make sure their needs and particular requirements are met.
  • If an appointment is delayed over 30 minutes by the client, or by any reason falling under the responsibility of the client, the photographer has the right to cancel the appointment if they need to, in which case an on-site rescheduling/cancellation fee of $40 will charged to the client, plus 50% of any travel fees from the appointment. If the photographer can and decides to wait for the client, then a $10 penalty will be charged to the client as compensation for the waiting time.
  • If the photographer is late to an appointment for over half an hour due to reasons under their control, the client is then entitled to a $10 compensation discount.
  • If the photographer is over 30 mins late for reasons beyond their control, such a heavy traffic, an accident or bad weather, then the client is not entitled to any compensation for the waiting time.
  • If the photographer is late to an appointment due to reasons falling under the responsibility of the client, such as being given the wrong address to the property, then the client may be subject to a $10 penalty, if the delay is over 30 mins. If in any case the photographer decides that they cannot complete the appointment, as the delay falling under the responsibility of the client may affect the rest of their schedule, then the photographer has the right to cancel the appointment and an onsite rescheduling/cancellation fee will be charged to the client.
  • We do not operate as a business in the following dates:
    • Memorial Day – 25th May
    • Easter – Wednesday, Thursday and Friday of Easter week
    • Labour Day – 7th Sep
    • Thanksgiving + Black Friday – 25-27th Nov
    • Christmas + New Year’s: 25 Dec – first Monday of the following Jan, where that Monday is not the 1st of January
      If a client has a delivery falling on the dates of Memorial Day or Labour Day, they will then have to wait an extra day to receive their order.
  • When a client makes a booking under their name, they are responsible for paying the invoice for that booking. We can forward the invoice to a third party if they request so in advance, but it is the client’s responsibility to liaise with any third party team or person working with them, who may be in charge of completing the payment.

SECTION 12 – DELIVERIES

  • Our turnaround times are the following:
    • Standard Photos/Deluxe Standard Photos: the next working day,
      between 2:00 pm – 5:00 pm
    • Any other service apart from Standard Photos or Deluxe Standard Photos: 2-4 working days from the day of the appointment
      o Standard and Premium Virtual Staging: 2-4 working days from the day the photos to be staged are provided
    • In the case that there’s a delay on a delivery due to reasons beyond our control such as technical difficulties, failure of our operating systems, or any other mitigating circumstances, we will complete the delivery at the earliest convenience. If for any reason we’re not able to complete the delivery, we will then issue a full refund to the client.
    • If a client wishes us to upload their photos, video, or 3D Virtual Tour to their listing, they must notify us no later than 2 days after we have delivered their photos. They must also provide us with the MLS number of their listing.
    • When uploading photos to a client’s listing, we will try our best to sort them out in the most logical order possible. However, it is the
      responsibility of the client to check and organize the photos in the
      order they prefer.
    • If a client requests an MLS upload, and the number of photos in their folder is greater to the amount of photos allowed by HAR in a listing, we will them upload the photos that we think are most important and relevant for the listing. After that, it is then the responsibility of the client to check if they’re happy with our selection and make any changes they’d like.

SECTION 13 – RESCHEDULES AND CANCELLATIONS

  • For any standard services, clients must notify at least 12 hours in advance before the appointment takes place if they wish to reschedule or cancel it, to avoid a late rescheduling/cancellation fee of $20. If an appointment is rescheduled/cancelled by the time the photographer is on their way or at the property, then we will charge the client an on-site rescheduling/cancellation fee of $40 plus 50% of any travel fees from the appointment.
  • For any Deluxe services, clients must notify at least 4 hours in advance
    before the appointment if they wish to reschedule or cancel it, to avoid a late rescheduling/cancellation fee of $20. If an appointment is
    rescheduled/cancelled by the time the photographer is on their way or at the property, then we will charge the client an on-site
    rescheduling/cancellation fee of $40 plus 50% of any travel fees from the appointment.
  • We will never cancel an appointment due to weather conditions, unless
    we consider it threatens the safety of our photographers or any other
    member of our team. It is the responsibility of the client to
    reschedule/cancel their appointment with enough notice (at least 2
    hours before the appointment takes place), if they believe that the
    weather conditions are not favorable and that it may affect the quality
    of their photos or videos. If the client fails to reschedule/cancel at least
    2 hours before the appointment takes place, then a late rescheduling/cancellation fee of $20 will be charged to the client. If the
    appointment is rescheduled/cancelled once the photographer is on
    their way or at the property, then an on-site rescheduling/cancellation
    fee of $40 will be charged to the client, plus 50% of any travel fees from
    the appointment. Please note that the 2 hour rescheduling/cancellation
    window only applies if the reschedule/cancellation is due to poor
    weather conditions.

SECTION 14 – STORING AND HOSTING FILES

  • We will keep on our records and our operating system the files of any
    final product we deliver to our clients for up to 12 months from the day
    they were delivered. It is the client’s responsibility to let us know before
    this period ends, if they wish to pay to extend this period. Failure to
    inform us about this in a timely manner may result in us permanently
    deleting these files from our system and records. Please note that this
    does not include the raw/unedited files, which may be removed from
    our records by us at any time.
  • Clients who purchase a 3D Virtual Tour will get 6-month of free hosting. After that, the hosting period will expire and the 3D Virtual Tour will no longer be available. If a client wishes to extend the hosting period, then they must notify us before their initial hosting period ends and pay $50 for a further 6-month extension.

SECTION 15 – RESHOOTS

  • A reshoot is only applicable if the original photoshoot was carried out by us.
  • Our reshoot price starts at $55, for up to 5 areas. If the reshoot includes
    over 5 areas, then the price would be adjusted depending on the
    number of areas and their size. The price of the reshoot may also vary
    depending on how long after the initial appointment it is requested:
    • A reshoot is $55 if it is requested within 4 weeks after the service
      was completed
    • A reshoot is $65 if it is requested within 1-2 months after the
      service was completed
    • A reshoot is $75 if it is requested more than 2 months after the
      service was completed

 Please note that we only shoot a maximum of 8 areas in a reshoot.
Otherwise, it will be counted as a new shoot.

SECTION 16 – REFUND POLICY

  • Our refund policy lasts for 30 days. If 30 days have gone by since your
    purchase, unfortunately we can’t offer you a refund.
  • We will only issue a full refund if:
    • We are unable, for any reason, to deliver what the client ordered
      initially or
    • If there are obvious and major defects on the final product, which
      cannot be fixed or amended by us
    • If the client has ordered a package, and for any reason we are unable to deliver part of the elements of that package, we will then refund them only for the portion of the item which we couldn’t deliver.
  •  Our billing system, Square, takes about 2-7 days to fully process a
    refund. Visualize is not responsible for any delays from Square or any
    third party billing system we use, with the processing of refunds.

SECTION 17 – COPYRIGHTS OF OUR WEBSITE CONTENT

All material and services available on our website, and all material and services provided by or through Visualize, its employees, agents, or other commercial partners, including, but not limited to, images, all informational text, contractual documentation, UI and UX design, layout, photographs, graphics, audio, video, files, documents, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Visualize trademarks and service marks, logos, slogans, taglines, and photos are the property of Visualize. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our website without our express written permission, or the express written permission of such third party that may own the trademark, service mark, logo, slogan, or tagline.

SECTION 18 – COPYRIGHTS OF OUR PHOTOGRAPHS, IMAGES, VIDEOS AND ADVERTISING MATERIAL

Visualize, exclusively owns and retains all worldwide copyrights, in any form, including digital and print media, of all products created and delivered by our team for our clients (this includes all photos, images, videos and advertising material).

Clients are granted a limited, non-transferable license to use our products in digital or print form, for any advertising or promotional purposes associated with their efforts to sell/lease or offer to sell/lease the property depicted in the photographs, images, videos, or advertising material, such as use in a real estate listing, realtor advertisement of listings, a web-based virtual tour of the subject property, and the like.

Once the clients’ involvement in the sale/lease or offer to sell/lease of the subject property terminates, then this license terminates and the client has no further right to use the photographs, images, videos, and/or advertising material we created for them, other than for the very limited purpose of advertising or referencing that the property in the photographs, images, videos, and/or advertising material, was previously listed, sold or leased by them. If a client wishes to extend their license or use our photographs, images, videos and/or advertising material for other purposes not included in this section, then they must get in touch with us and make a formal request via email to contact@visualizeteam.com or by calling us at +1 (713) 364-3068.

Clients don’t have any right to transfer, sell or otherwise provide the
photographs/images, or the limited license granted to them, to any third party. If a third party desires to use the photographs/images, then the third party must first contact Visualize to inquire about transferring or purchasing a license.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Visualize and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the laws of the state of Texas, USA.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us
at contact@visualizeteam.com.

OVERVIEW


This website is operated by Visualize. Throughout the site, the terms “we”,
“us” and “our” refer to Visualize. Visualize offers this website, including all
information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of service, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. Byaccessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of
the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information.Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the thirdparty’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 – LIMITATION OF LIABILITY

In no case shall Visualize, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 – BOOKINGS AND APPOINTMENTS

  • When booking with us you are responsible for providing us with the
    required and accurate information about the details of your
    appointment, including:
    • Full name
    • Email address
    • Phone number
    • Full address (including Zip Code) of the property where the
      appointment will take place
    • Size of the property in sq. ft.
    • Access codes and instructions
    • Special requests and requirements, which include personal
      preferences Failure to provide us with this information may result in us cancelling your appointment without prior notice and charging you a cancellation fee. If the information provided is inaccurate or incorrect, we may also cancel your appointment without prior notice, and charge you a cancellation fee.
  •  Clients are responsible for making sure their order is correct before
    making a booking.
  • It is the client’s responsibility to make sure that the property is prepared for the appointment. If in any case the property has not been fully prepared for the appointment, the photographer will then complete the shoot and the client will be held responsible for any unwanted items or parts that appear in the photos.
  • Our available slots are subject to the availability of the photographers and may change from time to time. We reserve the right to make any changes
    to our weekly availability without prior notice.
  • Our business hours are 8:30 am – 5:00 pm Monday-Saturday. We do not work on Sundays.
  • The areas the we include in our photos and videos are the exterior of the property, entryway, living room, kitchen, breakfast nook, dining room, office, formal living room, game room, master bedroom, master bathroom, secondary bedrooms and secondary bathrooms. If a client wishes us to take photos of other areas such as the garage, closets, a barn, a warehouse, and any other area different to the ones previously listed, it is their responsibility to let us know in advance or during the appointment.
  • Although it is not a requirement, we recommend and encourage that
    someone is present at the appointment to guide the photographer and
    review the photos or videos with them to make sure the client is fully
    satisfied with the product. It is the client’s responsibility to make sure they provide us with as much support and directions as needed to make sure their needs and particular requirements are met.
  • If an appointment is delayed over 30 minutes by the client, or by any
    reason falling under the responsibility of the client, the photographer has the right to cancel the appointment if they need to, in which case an on-site rescheduling/cancellation fee of $40 will charged to the client, plus 50% of any travel fees from the appointment. If the photographer can and decides to wait for the client, then a $10 penalty will be charged to the client as compensation for the waiting time.
  • If the photographer is late to an appointment for over half an hour due
    to reasons under their control, the client is then entitled to a $10
    compensation discount.
  • If the photographer is over 30 mins late for reasons beyond their
    control, such a heavy traffic, an accident or bad weather, then the client
    is not entitled to any compensation for the waiting time.
  • If the photographer is late to an appointment due to reasons falling
    under the responsibility of the client, such as being given the wrong
    address to the property, then the client may be subject to a $10 penalty,
    if the delay is over 30 mins. If in any case the photographer decides that
    they cannot complete the appointment, as the delay falling under the
    responsibility of the client may affect the rest of their schedule, then
    the photographer has the right to cancel the appointment and an onsite rescheduling/cancellation fee will be charged to the client.
  • We do not operate as a business in the following dates:
    • Memorial Day – 25th May
    • Easter – Wednesday, Thursday and Friday of Easter week
    • Labour Day – 7th Sep
    • Thanksgiving + Black Friday – 25-27th Nov
    • Christmas + New Year’s: 25 Dec – first Monday of the following Jan, where that Monday is not the 1st of January

If a client has a delivery falling on the dates of Memorial Day or Labour Day, they will then have to wait an extra day to receive their order.

  • When a client makes a booking under their name, they are responsible for paying the invoice for that booking. We can forward the invoice to a third party if they request so in advance, but it is the client’s responsibility to liaise with any third party team or person working with them, who may be in charge of completing the payment.

SECTION 12 – DELIVERIES

  • Our turnaround times are the following:
    • Standard Photos/Deluxe Standard Photos: the next working day,
      between 2:00 pm – 5:00 pm
    • Any other service apart from Standard Photos or Deluxe Standard
      Photos: 2-4 working days from the day of the appointment
    • Standard and Premium Virtual Staging: 2-4 working days from the day the photos to be staged are provided
    • In the case that there’s a delay on a delivery due to reasons beyond our control such as technical difficulties, failure of our operating systems, or any other mitigating circumstances, we will complete the delivery at the earliest convenience. If for any reason we’re not able to complete the delivery, we will then issue a full refund to the client.
  • If a client wishes us to upload their photos, video, or 3D Virtual Tour to
    their listing, they must notify us no later than 2 days after we have
    delivered their photos. They must also provide us with the MLS number of their listing.
  • When uploading photos to a client’s listing, we will try our best to sort
    them out in the most logical order possible. However, it is the
    responsibility of the client to check and organize the photos in the
    order they prefer.
  • If a client requests an MLS upload, and the number of photos in their
    folder is greater to the amount of photos allowed by HAR in a listing, we will them upload the photos that we think are most important and
    relevant for the listing. After that, it is then the responsibility of the
    client to check if they’re happy with our selection and make any
    changes they’d like.

SECTION 13 – RESCHEDULES AND CANCELLATIONS

  • For any standard services, clients must notify at least 12 hours in advance before the appointment takes place if they wish to reschedule or cancel it, to avoid a late rescheduling/cancellation fee of $20. If an appointment is rescheduled/cancelled by the time the photographer is on their way or at the property, then we will charge the client an on-site
    rescheduling/cancellation fee of $40 plus 50% of any travel fees from the appointment.
  • For any Deluxe services, clients must notify at least 4 hours in advance
    before the appointment if they wish to reschedule or cancel it, to avoid a late rescheduling/cancellation fee of $20. If an appointment is
    rescheduled/cancelled by the time the photographer is on their way or at the property, then we will charge the client an on-site
    rescheduling/cancellation fee of $40 plus 50% of any travel fees from the appointment.
  • We will never cancel an appointment due to weather conditions, unless
    we consider it threatens the safety of our photographers or any other
    member of our team. It is the responsibility of the client to
    reschedule/cancel their appointment with enough notice (at least 2
    hours before the appointment takes place), if they believe that the
    weather conditions are not favorable and that it may affect the quality
    of their photos or videos. If the client fails to reschedule/cancel at least
    2 hours before the appointment takes place, then a late rescheduling/cancellation fee of $20 will be charged to the client. If the
    appointment is rescheduled/cancelled once the photographer is on
    their way or at the property, then an on-site rescheduling/cancellation
    fee of $40 will be charged to the client, plus 50% of any travel fees from
    the appointment. Please note that the 2 hour rescheduling/cancellation
    window only applies if the reschedule/cancellation is due to poor
    weather conditions.

SECTION 14 – STORING AND HOSTING FILES

  • We will keep on our records and our operating system the files of any
    final product we deliver to our clients for up to 12 months from the day
    they were delivered. It is the client’s responsibility to let us know before
    this period ends, if they wish to pay to extend this period. Failure to
    inform us about this in a timely manner may result in us permanently
    deleting these files from our system and records. Please note that this
    does not include the raw/unedited files, which may be removed from
    our records by us at any time.
  • Clients who purchase a 3D Virtual Tour will get 6-month of free hosting. After that, the hosting period will expire and the 3D Virtual Tour will no longer be available. If a client wishes to extend the hosting period, then they must notify us before their initial hosting period ends and pay $50 for a further 6-month extension.

SECTION 15 – RESHOOTS

  • A reshoot is only applicable if the original photoshoot was carried out by us.
  • Our reshoot price starts at $55, for up to 5 areas. If the reshoot includes
    over 5 areas, then the price would be adjusted depending on the
    number of areas and their size. The price of the reshoot may also vary
    depending on how long after the initial appointment it is requested:
  • A reshoot is $55 if it is requested within 4 weeks after the service
    was completed
  • A reshoot is $65 if it is requested within 1-2 months after the
    service was completed
  • A reshoot is $75 if it is requested more than 2 months after the
    service was completed.

Please note that we only shoot a maximum of 8 areas in a reshoot. Otherwise, it will be counted as a new shoot.

SECTION 16 – REFUND POLICY

  • Our refund policy lasts for 30 days. If 30 days have gone by since your
    purchase, unfortunately we can’t offer you a refund.
  • We will only issue a full refund if:
    • We are unable, for any reason, to deliver what the client ordered
      initially or
    • If there are obvious and major defects on the final product, which
      cannot be fixed or amended by us
    • If the client has ordered a package, and for any reason we are unable to deliver part of the elements of that package, we will then refund them only for the portion of the item which we couldn’t deliver.
  • Our billing system, Square, takes about 2-7 days to fully process a
    refund. Visualize is not responsible for any delays from Square or any
    third party billing system we use, with the processing of refunds.

SECTION 17 – COPYRIGHTS OF OUR WEBSITE CONTENT

All material and services available on our website, and all material and services provided by or through Visualize, its employees, agents, or other commercial partners, including, but not limited to, images, all informational text, contractual documentation, UI and UX design, layout, photographs, graphics, audio, video, files, documents, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Visualize trademarks and service marks, logos, slogans, taglines, and photos are the property of Visualize. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our website without our express written permission, or the express written permission of such third party that may own the trademark, service mark, logo, slogan, or tagline.

SECTION 18 – COPYRIGHTS OF OUR PHOTOGRAPHS, IMAGES, VIDEOS AND ADVERTISING MATERIAL

Visualize, exclusively owns and retains all worldwide copyrights, in any form, including digital and print media, of all products created and delivered by our team for our clients (this includes all photos, images, videos and advertising material).
Clients are granted a limited, non-transferable license to use our products in digital or print form, for any advertising or promotional purposes associated with their efforts to sell/lease or offer to sell/lease the property depicted in the photographs, images, videos, or advertising material, such as use in a real estate listing, realtor advertisement of listings, a web-based virtual tour of the subject property, and the like.

Once the clients’ involvement in the sale/lease or offer to sell/lease of the subject property terminates, then this license terminates and the client has no further right to use the photographs, images, videos, and/or advertising material we created for them, other than for the very limited purpose of advertising or referencing that the property in the photographs, images, videos, and/or advertising material, was previously listed, sold or leased by them. If a client wishes to extend their license or use our photographs, images, videos and/or advertising material for other purposes not included in this section, then they must get in touch with us and make a formal request via email to contact@visualizeteam.com or by calling us at +1 (713) 364-3068.

Clients don’t have any right to transfer, sell or otherwise provide the
photographs/images, or the limited license granted to them, to any third party. If a third party desires to use the photographs/images, then the third party must first contact Visualize to inquire about transferring or purchasing a license.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Visualize and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the laws of the state of Texas, USA.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us
at contact@visualizeteam.com.