Terms and Conditions

Please read these terms and conditions carefully before using the services described below. By using the services of Orange County Virtual Tours and/or it's affiliated companies (Beach Town Mortgage, Inc., Netguava, Inc., Sharp Virtual Tours and/or future companies), you acknowledge that you have agreed to become a party to and legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not access or otherwise use these services. Orange County Virtual Tours reserves all rights to update these Terms and Conditions at any time.

Terms:

We will contact you to set up an appointment to photograph the property.

Payment:

Payment for Full Service Virtual Tours ordered through Orange County Virtual Tours by means of website, phone, fax, email or in person are due within 7 business days of a completed order by online payment or check, made payable to Orange County Virtual Tours. Checks can be made payable to:

Orange County Virtual Tours
28531 Casanal
Mission Viejo, CA 92692

You agree to pay all fees and charges incurred in connection with your account at the rates in effect when the charges occur. You agree to pay all amounts due upon our demand in accordance with you subscription. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection fees.

Payment for subscription of Sharp Virtual Tour Express is on a 30 day billing cycle. You agree to pay all fees and charges incurred in connection with your account at the rates in effect when the charges occur. You agree to pay all amounts due upon our demand in accordance with you subscription. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection fees.

Cancellations should be made 24 hours prior to the scheduled photography date. Cancellations not made at least 24 hours prior to scheduled date are subject to a $25 cancellation fee. An additional $50 Missed Appointment Fee will apply to Virtual Tour Fees, even if rescheduled


Orange County Virtual Tours: General Information

If neither agent nor homeowner is present at the time the tour is photographed, and the agent has made no prior requests regarding shot selection, the shots taken will be at the discretion of the photographer. Orange County Virtual Tours claims no responsibility for the photographer's selection of shots except in cases of extreme negligence.

Once a tour is processed, it will be posted to a unique Internet address on the Orange County Virtual Tours website. The URL to the tour will be sent to the email address provided to Orange County Virtual Tours in both a "branded" and "non-branded" format. These URL's can be freely used to create a link from your own personal website.

Orange County Virtual Tours will process each virtual into a panoramic virtual tour image unless Orange County Virtual Tours deems it to the agent's or homeowner's best interest to not exhibit a particular image. This may be the result of poor lighting, bad weather, decrepit or unclean room or scene, etc.

A virtual tour will be posted to the Orange County Virtual Tours website only upon receiving required information as specified at time of scheduling. This information includes, but is not limited to: MLS number, asking price, property address, square footage, the number of bedrooms and bathrooms, agent picture, company logo of listing broker, company website url, agent contact information, etc. Orange County Virtual Tours is not responsible for any delays that are the result of missing or incorrect information.

The virtual tour will remain active until a written request has been made by either the legal home owner or his/her agent. The tour can be reactivated at any time. Orange County Virtual Tours reserves the right to charge an annual fee (upon client notification) for any tour that is hosted by Sharp Virtual Tours for over one year of initial photo shoot.

All images and media are the sole property of Orange County Virtual Tours. Orange County Virtual Tours reserves all rights to these images, media and content. All images and media will be made available to client until the property is sold and/or listing expires. (Unless otherwise specified in writing)

Orange County Virtual Tours and/or its affiliated companies listed herein will not be liable for any monetary loss resulting directly or indirectly from use of the Services we provide and makes no warranty of any kind, express or implied, including, without limitation, any warranties of fitness for a particular purpose.

Indemnity: You shall indemnify Orange County Virtual Tours and/or it's affiliated companies listed herein from and against all claims, costs, demands, expenses and liabilities, including reasonable attorney's fees, resulting from your breach of this Agreement.

Severability: If any part of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will be unimpaired.

Rule and Regulations for Sharp Virtual Tour Express: Subscriber shall be solely liable for any transmissions sent through the Service. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, a violation of any third party's rights, or illegal.
Further, Subscriber will abide by all rules, regulations, procedures and policies of Orange County Virtual Tours, Tempo and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, provincial, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

  • Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  • Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
  • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
  • Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.

Orange County Virtual Tours: Tour Information

The following events will result in a cancellation fee, which is currently set at $50:
  • The agent or homeowner must be present at the scheduled time of the tour (unless otherwise arranged with Orange County Virtual Tours). Exceeding 15 minutes from the initial tour time will result in a cancellation fee.
  • 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, or other Acts of God.
  • 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 Orange County Virtual Tours photographer will shoot the home as-is. That is, he 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.

  • A tour may be transferred to another account, but the client will be assessed a transfer fee of $25.

  • If an agent is not happy with the photographs taken of a home, she or he 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" of $50. After 30 days, the full tour price will be charged.

Orange County Virtual Tours: Personal Information

Your personal information and your client's personal information will be kept private; Orange County Virtual Tours will never sell or share the information of "our customers" or "your customers".


Orange County Virtual Tours: General Linking Information:

  1. Listing information must be on requested site before we can post virtual tours there. It is agent's responsibility to get listing on sites.

  2. We must have required listing information before we can post tour to requested websites (i.e. correct MLS number and address of home).


  3. If there is not a field for the virtual tour URL, we will put the virtual tour website in the description of the home.


  4. We only post virtual tour links. We are not responsible for getting still images onto MLS or other websites.

    Orange County Virtual Tours has the ability to post directly to Realtor.com. In order to post an agent's virtual tour, the listing needs to be on this site and Orange County Virtual Tours must have the necessary information to post the home (MLS number, correct address, etc.) Once Orange County Virtual Tours posts the tour to Realtor.com, Orange County Virtual Tours is not responsible for the reliability of their servers. There are associated posting fees with Realtor.com. All Orange County Virtual Tours include a posting to Realtor.com. Realtor.com allows up to 10 virtual images and no still images. When posting to Realtor.com, it generally takes 24 hours from the time that the tour is posted on the Orange County Virtual Tours website to be seen on Realtor.com.


  5. Orange County Virtual Tours links can be published to company websites.

  6. As part of its service Orange County Virtual Tours can provide the SoCal MLS, serving the Orange County area of California, (SoCal MLS) with the URL for virtual tours of listings currently being marketed on the (SoCal MLS). As part of these Terms and Conditions, it is agreed that Orange County Virtual Tours can provide the SoCal MLS with the URL link for any tour associated with a listing posted on the SoCal MLS.

    The SoCal MLS will make a good faith effort to associate the URL with the intended listing within two business days. Busy times of the year may require 3-5 business days. To help insure association with the proper listing, the SoCal MLS requires both the listing number and the listings address be provided along with the URL. The agent, homeowner and Orange County Virtual Tours agree to hold the SoCal MLS harmless for any action or inaction it may take concerning this service. Additionally, both the agent and Orange County Virtual Tours understand and agree that the SoCal MLS reserves the right to refuse to associate or display any virtual tour that fails to comply with SoCal MLS rules and regulations. Any questions or concerns regarding the tour should be directed to Orange County Virtual Tours.


  7. Homes located in certain specified zip codes and that are therefore part of a certain Multiple Listing Service will have links automatically posted to the that MLS once the Orange County Virtual Tours representative receives a valid MLS number for the home. We will post tours to MLS according to MLS rules and regulations concerning tour format. Orange County Virtual Tours is not responsible for problems concerning the MLS.


  8. If we are not automated with the MLS an agent lists with, it becomes the agent's responsibility to post the tour on the agent's MLS. This is usually a simple process. We strive to provide detailed instructions for linking tours to your respective MLS during the tour order process. If you need help linking your tour, please contact your MLS tech support. Orange County Virtual Tours cannot assume responsibility for problems arising with the MLS.
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