Who can use TourFactory Marketing and Visual Media Services
How TOURFACTORY may be used:
Real Estate Agent:
Real Estate Brokerage:
Real Estate Publisher:
Premium property website Template - Is the public electronic property presentation media which includes syndication and all desired features available. It does not include photography. The premium property website template may be purchased for single use by ordering a template. The template is active for one year unless the property is marked sold. Active, pending and sold listings will appear publicly on the property portfolio page.
Premium property website Memberships - Agent memberships are for individual use and may not be used for listings that are not directly listed or co/listed by the subscribing Agent. Memberships are paid for monthly or annually and may be canceled without penalty. Your credit card will be charged monthly or annually until you cancel. You can cancel your membership at any time by calling 888.458.3943. For an annual membership, no refunds will be provided after 30 days into the current year. Upon cancellation an inventory of premium property website listings will remain accessible to the agent within the agent account. The public will not be able to view the premium property website listings until the membership is reinstated or a premium property website is renewed for activation.
Property Portfolio - Is designed as a webpage that promotes to the public a compilation of personal listing history.
The Dashboard - Is a personal account which maintains all listings promoted using a TourFactory premium property website. Each premium property website 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.
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.
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.
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.
Copyrighted Ownership - TourFactory takes copyright law seriously and respects the rights of photographers. All media included in a TourFactory Premium Property Website or Virtual Tour are licensed by TourFactory. TourFactory has entered into licenses with photographers which allow the use of photographs in Premium Property Websites, Virtual Tours, on the MLS, and on real estate websites. If you are a photographer and would like to have a photograph taken out of the TourFactory system, please contact us at email@example.com.
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 copyrights, and does not include material which may be deemed 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 other Customers and that TourFactory does not purport to monitor the content of the site. TourFactory reserves the right to remove content from the site where it reasonably believes such content is Inappropriate Content or violates the copyright of another. 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 constitutes Inappropriate Content or lacks Informational Reliability.
Provided Content - By submitting, posting or displaying Content on or through TourFactory, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
TourFactory Services - are provided on servers operated by TourFactory only. TourFactory services and data may not be:
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 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.