Obeo, LLC - Terms and Conditions - Updated: 11/15/11
By ordering Obeo products & services, you agree to the following:
1. Payment must be received at the time of order, or service will not be performed, unless terms have been extended by contract prior to the time of order.
2. Obeo will bill your credit card at the time of order for all charges and services provided, unless other arrangements are agreed to in writing.
3. Your credit card may be charged again after you place an order for additional fees due to local market conditions or if you decide to later upgrade the tour. Examples of additional fees include travel fees, not ready fees, and no show fees.
4. The tour will be hosted for the life of the listing or 12 months whichever comes first. After one year, you will have the option to renew your tours for an additional fee.
5. If the tour is not fulfilled by Obeo, the credit will stay on your account for future services. You may also request a full refund to your credit card within 30 days of the original charge.
6. If you accept an assignment of photographs from another listing agent and want us to transfer those images, a fee will apply.
7. Tour prices and marketing material prices are subject to change without notice.
8. Credits posted to your account can be used to pay for future purchases and must be used within 6 months. The credits will expire after 6 months.
9. In the event legal action is necessary to collect on balances due, you agree to reimburse Obeo for all expenses incurred to recover sums due, including attorney's fees and other legal expenses.
10. If you purchase an Obeo Membership, your tours will remain active as long as you continue the membership. In the event the membership is cancelled, your tours will no longer be accessible online. Individual tours may be purchased on a per listing basis if you cancel a membership for $49.95 per listing. This price is subject to change without notice.
11. Additional fees may be incurred for your photography shoot. These include: travel outside of our normal service area, parking fee, late fee, no-show fee, etc. Contact your local sales rep for details.
12. In the event the photographs do not meet our standards of quality and professionalism, we will re-shoot the property at no charge to you. If however, you request additional photographs or services for seasonal changes, or night shoots, or just additional images, then additional fees will apply.
13. Clients of Obeo are responsible for the following when the home is photographed:
· Making sure the property is made available with access for the photographer to all areas of the property that will be shot.
· Making sure the property is photo ready and clean.
· If the property is not ready for photography, agent may choose to cancel photography. 24 hour notice to the Obeographer is required or a re-shoot or not ready fee may apply.
· If the Obeographer arrives at the property and it is untidy, the Obeographer will not declare the property not photo ready, but will shoot the property.
· If the client is not pleased with the photos because of the unreadiness of the property for photography and would like to have the property re-shot, re-shoot and travel fees will apply.
14. Due to the unique nature of our StyleDesigner product, only certain photos are both eligible and suitable for the product. Therefore, we cannot guarantee a preferred photo and will choose the next best representation.
15. High-resolution photographs are provided to you for your marketing efforts. These files will be available to download for up to 3 months after the photo shoot. After this time, the files are archived and a fee will be charged if you require the original files. Not all files can be retrieved/unarchived.
16. Once an Obeo product has been fulfilled, it can not be refunded. If you are unhappy with the results, we will work with you to try and meet your expectations by making product revisions or reshooting the property.
17. You have the option at the time of order for some products (brochures/CDs) to require your approval, before they are fulfilled/shipped. If the product is fulfilled, and you did not request approval, it can not be refunded. A brand new order must be placed and paid for if you have any additional changes/revisions.
18. Some products require additional processing and fulfillment after the photos are taken. Below you will find our standard turn-around times:
19. All images displayed on the internet are the property of Obeo. Obeo clients have unlimited rights to use these pictures as they see fit.
20. Properties that are photographed will be uploaded to our websites and available for public viewing. Your name and contact information is attached to these listings and will be displayed online and can be found by search engines.
21. Online maps (street, aerial, neighborhood, demographics, etc.) are available to each property for the general public. You may elect to remove any of our mapping features on your listings from our members area. We do not guarantee the accuracy of these maps, as they are provided by 3rd party companies.
22. Obeo may send your listing data to other real estate portals and websites (i.e. Yahoo, HomeSeekers, etc.) for increased exposure to your listings. If you do not wish this to happen, you may request that we do not send your listing data to 3rd party companies. We do not guarantee the accuracy, availability or content from other 3rd party websites. Client is responsible to verify Obeo syndication is compliant with brokerage, brand company and real estate associations rules and regulations regarding syndication of listings and advertising.
23. Obeo is not responsible in the event other 3rd party websites cannot provide the necessary data feeds, links or uploads. For example: missing MLS feeds or Realtor.com uploads.
24. In order to keep Obeo in "top-notch" condition, high levels of expectation exist for the quality of information posted on Obeo. We reserve the right to modify, edit or decline to activate any photographs of the property should they not meet our standards of quality. We encourage you to update your listings with the correct listing price and remove the tour from our website once it has sold. It is the responsibility of the client to update your listings with the correct listing price and all applicable data. As well to mark sold and remove the tour from our website once it has sold. Local Real Estate board areas have different rules and regulations regarding online display and advertising, Obeo provides solutions for each area to enable clients to comply with individual regulations.
25. You are granted a limited, nonexclusive right to create a "hypertext" link to this site or any property on this Site as long is it does not portray Obeo or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Obeo has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Obeo does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
26. Floor plans are for illustration purposes only and have been drawn to show an artistic representation to potential buyers to help them see what a property looks like. Floor plans are in no way being drawn to infringe upon the rights of the original architect. Since it is impossible to tell what copyrights might exist on a property it is the responsibility of the agent to assure that the proper copyright credit is given to the architect if the agent deems that this is necessary. Customer hereby absolves Obeo and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.
27. As an illustration the floor plans are not guaranteed to be accurate as to dimension or actual layouts. Obeo accepts no liability as to the accuracy of these floor plans. If for any reason litigation arises that causes purchaser of these floor plans to bring litigation against or Obeo, LLC, it is hereby agreed that the maximum damages that could be awarded to those utilizing the floor plans in any way would be a total amount not greater than the amount paid to Obeo, LLC. Obeo does not verify the accuracy of these floor plans. Accuracy is to be verified by the Agent.
PRIVACY / SECURITY
28. This website uses high Internet standards of secure data encryption for all online transactions.
29. This website uses Internet 'cookies' and session variables to store your login information as you move throughout the website. It's strongly suggested that you logout of your account after each session, if you are using a public computer.
31. Clients may not upload copyrighted material to Obeo servers. Client assumes all responsibility for verifying that client has the copyright or permission to use any digital upload whether text, audio, video, or image on Obeo’s servers. If client does not hold the copyright to a particular digital file they wish to upload, they must provide written proof to Obeo that they have permission from the copyright holder to upload the digital file. Obeo provides non-copyrighted audio files that can be used for background audio on Obeo listings and Obeo holds the copyright to any video or imagery provided by Obeo photographers. Customer hereby absolves Obeo and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.
LIMITATIONS OF LIABILITY
32. As a representation of the property, Obeo does not determine or verify the accuracy of Floor plans, furnishing colors, furniture placement or the accuracy of any other item with regard to the dimension, scale, actual layout, color correctness of the images used to represent the property. Obeo accepts no liability for the accuracy of any of these items. If for any reason litigation arises that causes purchaser of any Obeo product or service to bring litigation against Obeo, Inc. or any of its subsidiaries, affiliates, subcontractors or employees, it is hereby agreed that the maximum damages that could be awarded to those utilizing Obeo’s visualization services and/or platform would be a total amount not greater than the amount paid to Obeo, Inc. or its subsidiaries, affiliates, subcontractors or employees any of whom may be acting on Obeo’s behalf. Accuracy is to be verified by the Agent.
33. Independently contracted representatives provide all services. Obeo, nor it's independently contracted service distributors are not liable for any negligence, damages, or any wrongdoing on the part of the independent service representative.
34. Obeo, nor its independently contracted distributors, is not responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. (Hurricanes, Tornadoes, Earthquakes, Acts of Terrorism, etc.)
35. The terms and conditions are the sole understanding between Obeo and the client.
36. No other terms or conditions apply unless specified by contract.
37. These terms and conditions may be revised from time to time. Please check this document frequently for changes.
Copyright 2011 OBEO LLC