For Questions and Ordering
888.458.3943
 



Updated March 11, 2016

Who can use TourFactory Marketing and/or Photography and how they may use it to magnify their business.
  • Real Estate Agent
  • Real Estate Brokerage
  • Home Owner
  • Real Estate Publisher; RE Magazines, Rental agencies, Home Builders, Mortgage Lenders, MLS associations, Title Companies, Insurance agencies, Home stagers, Interior Decorators, Remodeling Contractors, all affiliates to the real estate profession.
  • Photographers
  • Virtual Assistants

How TOURFACTORY may be used:

Real Estate Agent:
  • Virtual Tour Templates and Subscriptions
  • Property Portfolio
  • Dashboard for Listing Management and Stats
  • Full access to all TourFactory marketing system features
  • Full access to real time hosted TourFactory marketing webinars
  • Access to a TourFactory approved photographer
  • Personal Photography

Real Estate Brokerage:
  • Virtual Tour Templates
  • Brokerage 'custom-fit' services/subscriptions [by appointment]
  • Brokerage virtual tour listing activity reports
  • Brokerage administrative access to all accounts
  • Darkroom access to high resolution photography
  • Contract TourFactory Architectural photographer

Home Owner:
  • Contract TourFactory Architectural photographer
  • May only use TourFactory marketing and virtual tour template with a real estate professional

Real Estate Publisher:
  • Contract TourFactory Architectural photographer
  • Sponsor the real estate professional
  • Promotional business templates

Photographers:

Virtual Assistants:
  • Register w/ TourFactory to have access to an Agent account
  • Must be approved as an independent photographer when photographing property

Virtual Tour Template - Is the public electronic property presentation media which includes syndication and all desired features available. It does not include photography. The virtual tour template may be purchased for single use by ordering a template. The template is active for one year unless marked sold. Active, pending and sold listings will appear publicly on the property portfolio page. The virtual tour template may also be purchased in volume by ordering a subscription.
http://www.tourfactory.com/company/pricing.asp

Virtual Tour Subscriptions - Agent subscriptions are for individual use and may not be used for listings that are not directly listed or co/listed by the subscribing Agent. Subscriptions are paid for monthly or annually and may be canceled without penalty. An inventory of virtual tour listings will remain accessible to the agent within the agent account. The public will not be able to view the virtual tour listings until the subscription is reinstated or a Template renewed for activation.
http://www.tourfactory.com/company/pricing.asp

Property Portfolio - Is designed as a webpage that promotes to the public a compilation of personal listing history.
http://www.tourfactory.com/company/websites.asp

The Dashboard - Is a personal account which maintains all listings promoted using a TourFactory virtual tour. Each virtual tour will include viewer activity statistics. In addition to all the dashboard features it will maintain a record of your marketing investment on an annual basis. The password for your account access should not be shared. Register your assistant as a user of your account.
http://www.tourfactory.com/newsignup.asp

Marketing Features - TourFactory is an advocate for the real estate professional and committed to paving the way on the internet frontier. This empowers all affiliates and the licensed real estate professional to stay on the leading edge with a successful sustainable real estate business.
http://www.tourfactory.com/company/features.asp

Marketing Webinars - Learn how to magnify your business within the ever changing environment of the internet. Learn how TourFactory helps agents sell more homes for a better price.
http://www.tourfactory.com/webinar

TourFactory Authorized Photographer - Is specifically skilled in architectural photography. TourFactory photographers focus on providing the seller with a lasting impression and positive experience. Review a photographer's skill on their photography portfolio.
  • Specialty trained in real estate photography
  • Quality check of photographs and tour display prior to distribution
  • Background security checks - disqualifying sexual offenders, theft, drugs and other various crimes that would concern a seller.
Available photographers are listed by zip code. To order photography enter the property zip code and TourFactory authorized photographers will appear for selection. Photos taken by your TourFactory photographer can be used for any media.
http://www.tourfactory.com/company/prophotography.asp

Personal Photography - Agents are given access to build tours with photographs they themselves have taken. Personal photography does not include hiring another person to take real estate photographs. Agents with an established photographer on their team may invite their photographer to use the TourFactory system as an approved registered user of an account for photography upload and hosting. Learn how to register your independent photographer here:
http://www.tourfactory.com/company/indyphotog.asp

Your local TourFactory Authorized Provider will help with any questions you may have about the independent photographer. TourFactory customer service will connect you to your local TourFactory provider 888-458-3943.

Independent Photographer / Photo Pass Program - Is a freelance photographer for hire. TourFactory does not do background checks, TourFactory does not check their level of expertise and TourFactory does not refer an independent photographer to the real estate professional. The independent photographer may apply to use the TourFactory photo upload and hosting system.
http://www.tourfactory.com/company/indyphotog.asp

Copyrighted Materials - Copyrighted materials may include, but are not limited to any photo, architectural drawing taken or made by the seller, a professional photographer, or anyone other than the agent using the image for inclusion in the TourFactory marketing system. Should you need to use images you do not own, get documented permission from the owner of the image, which releases the use of copyrighted materials to you.

Account Suspension - Choosing to use TourFactory for purposes not listed in the terms of use may result in your account being suspended from using the TourFactory system. More serious violations result in legal action.

Customer Content - The Customer shall ensure that the Customer Content (any site content, text, images, attachments, or anything else) does not infringe any applicable laws, regulations or third party rights, including material which may be deemed as inappropriate content. TourFactory provides the Customer access to edit the customer content using TourFactory only. The Customer acknowledges that TourFactory has no control over the content placed on the site by Customers and does not purport to monitor the content of the site. TourFactory reserves the right to remove content from the site where it reasonably suspects such content as Inappropriate Content. TourFactory shall notify the Customer promptly if it becomes aware of any allegation that any content on the site may be Inappropriate Content. The Customer and the TourFactory User shall indemnify TourFactory against all damages, losses and expenses arising as a result of any action or claim that the Customer Content may constitute Inappropriate Content or lack of Informational Reliability.

TourFactory Services - are provided on servers operated by TourFactory only. TourFactory services and data may not be:
  • Copied or moved to or operated on another hosting platform or server; or
  • Decompiled or reverse engineered; or
  • Redistributed; or
  • Scraped, scanned or data-mined

Arbitration Agreement - If you are a TourFactory user in the United States (including its possessions and territories), you and TourFactory agree that any dispute, claim or controversy arising out of or relating in any way to the TourFactory service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TourFactory are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your TourFactory account.

If you elect to seek arbitration or file a small claim court action, you must first send to TourFactory, by certified mail, a written Notice of your claim ("Notice"). The Notice to TourFactory must be addressed to: General Counsel, TourFactory, 505 W. Riverside Ave, Suite 300, Spokane, WA 99201 ("Notice Address"). If TourFactory initiates arbitration, it will send a written Notice to the email address used for your TourFactory account. A Notice, whether sent by you or by TourFactory, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TourFactory and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TourFactory may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TourFactory and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

If your claim is for US$25,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

YOU AND TOURFACTORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TourFactory agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Warranties - Each party warrants to the other that it has full power and authority to enter into and perform these conditions.
  • TourFactory shall perform the services with reasonable skill and care.
  • TourFactory warrants that the site will perform substantially in accordance with the site functionality throughout the customers purchase period, except where automatic improvements are made by TourFactory that improve the functionality of the site. If the site does not so perform, TourFactory shall, for no additional charge, carry out any work necessary in order to ensure that the previous site functionality is restored.
  • These conditions set out the full extent of TourFactory's obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these conditions or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.

TourFactory shall not be liable to the customer for any loss of profit, anticipated profits, revenues, anticipated savings, Goodwill or business opportunity, or for any indirect or consequential loss or damage.

TourFactory System - TourFactory may elect to change offerings and services at any time in their sole discretion.