Last Update July 27, 2021
BY VISITING OR USING ANY WEBSITE OWNED BY VIRTUAL VISTA A DBA OF FORMS TECHNOLOGIES SOFTWARE INC. REFER AS VIRTUAL VISTA HEREIN, YOU ARE AGREEING TO BE BOUND BY THESE TERMS CONDITIONS. YOU ARE ALSO AGREEING THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND Virtual Vista
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT OR USE THE Virtual Vista WEBSITE, virtualvistarealestatephotography.com.
The following is the terms of the service agreement between Virtual Vista (“Service Provider”) and the buyer (“Buyer”) of goods or services through Service Provider’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
Introduction: Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Service Provider and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Indemnification: Buyer agrees to indemnify, defend and hold Service Provider and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.;
Non-Transferable: Buyer’s right to use the Service is not transferable and is subject to any limits established by Service Provider or by Buyer’s credit card Service Provider.;
Disclaimer: THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SERVICE PROVIDER, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. SERVICE PROVIDER AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SERVICE PROVIDER AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Payment Policy: Payment is due when or before services are rendered.
Refund Policy: A refund for photography and or video shoot will ONLY be issued if an appointment is cancelled within two (2) business days prior to the scheduled Shoot. In such event, Service Provider shall provide Buyer a refund to the Buyer’s credit card used at the time of purchase. In the case of payment by check, a check refund will be issued no earlier than ten (10) business days from date of Buyer’s order.
Use of Information: Service Provider reserves the right, and Buyer authorizes Service Provider, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
Miscellaneous: This Contract shall be treated as though it were executed and performed in West Chester, Pennsylvania in the County of Chester, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Pennsylvania (without regard to conflict of law principles). Any cause of action subject to Federal Jurisdiction will be brought before the United States District Court, located in Pennsylvania. Any cause of action of Buyer with respect to the Site or services provided by Service Provider must be instituted within six (6) months after purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Chester County, Pennsylvania and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Service Provider is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Service Provider to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Advertising Policy: Client understands that Virtual Vista, its employees, representatives, owners and contractors are not licensed to sell (or list for sale) real estate of any kind. It is client’s sole responsibility to comply with all applicable laws regarding the sale and advertising of real estate. Virtual Vista WILL NOT BE RESPONSIBLE TO CLIENT FOR FEES OR FINES IMPOSED ON CLIENT WHICH ARE ASSOCIATED WITH THE ADVERTISING OF VIRTUAL TOURS, DIGITAL IMAGES AND/OR MARKETING MATERIAL. Virtual Vista does not guarantee that our services will ensure a sale of the property photographed.
[1] “Deliverables” means all photographic ,Matterport ,3D Zillow and videos material furnished by Virtual Vista hereunder, whether transparencies, negatives, prints, digital media or otherwise.
[2] Except as otherwise specifically provided herein, all Deliverables and rights therein, including copyright, remain the sole and exclusive property of Virtual Vista
[3] Client will not prevent Virtual Vista from making or permitting any alterations, additions, or subtractions in respect of the Deliverables, including without limitation any digitalization or synthesizing of the Deliverables, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
[4] Client will indemnify and defend Virtual Vista against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Deliverables for which no release was furnished by Virtual Vista , or any Deliverables which are altered by Client. Unless so furnished, no release exists. Virtual Vista’s liability for all claims shall not exceed in any event the total amount paid under this invoice.
[5] Client shall indemnify Virtual Vista against all claims, liability, damages and expenses incurred by Virtual Vista in connection with any third party claim arising out of use of said material hereunder.
[6] Time is of the essence for receipt of payment and return of media. No rights are granted until timely payment is made.
[7] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Virtual Vista , Client, Client’s principals, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, oral authorizations for fees or expenses which could not be confirmed in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
[8] Any dispute regarding this agreement shall be arbitrated in the State of Pennsylvania under rules of the American Arbitration Association and the laws of State of Pennsylvania. Judgment on the arbitration award may be entered in any court having jurisdiction.
[9] Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Virtual Vista under the Copyright Act of 1976, as amended.
[10] Virtual Vista retains for life reproduction and display rights to all Deliverables for use in providing images to future clients so long as they are deemed public in nature, photographic competition, promotional materials and any publication of an original manuscript or portfolio presentation for trade or other use. “Public in nature” shall be any subject media that would be visible to the general public from the location the subject media was captured without the requirement of special access being granted by the client.
The information on this website is provided SOLELY as a service by Virtual Vista Every effort is made to keep information as accurate as possible, however WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE.
Those persons who access this information assume full responsibility for the use of the information and understand and agree that Virtual Vista is not responsible or liable IN ANY WAY for any claim, loss or damage arising from the use of the information. Reference to specific products, processes or services does not constitute or imply a recommendation or an endorsement by Virtual Vista. The views and opinions that may be expressed within these documents do not necessarily reflect those of Virtual Vista.
THE INFORMATION FROM OR THROUGH TIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
All terms and conditions with respect to this site is governed by a Service Agreement.
This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by Virtual Vista.
Virtual Vista provides the best, premium, professional, real estate photography, video, and aerial services near you.
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