1. General Terms and Conditions

1.1. General

Realtour LLC provides online marketing tools with varied features and functionalities. Realtour.biz and related sub-sites, and our products and services are provided subject to these Website and Product Terms and Conditions of Use. If any major amendments should be made to our terms and conditions of use, we will notify you via email and should you feel you do not agree to amendments you can discontinue use of our site and/or the products and services offered. You can contact us via our online support or email michael@realtour.biz to request we cancel your account. By creating your account, you agree to our terms and conditions, and by logging in to your Realtour account, by accessing the Site or by accessing any of the Products, you accept this Agreement on behalf of yourself and any business or organization you represent.

1.2. Minimum Age and Ability to Bind

Your account is available only to persons or organizations that can form legally binding contracts under applicable law and individuals over the age of 18. Those who do not meet these qualifications are not permitted to use your account and when using your account on behalf of an organization, you warrant you are authorized by such organization by your use of your account.

1.3. Registration

You agree that the information you provided in your account required in the registration form and anywhere else on the site and in using our products and services is true, accurate, current and complete for yourself and your organization. You agree to update such information as required to reflect any changes to the information provided.

1.4. Account Access

As the person named in the account, you are the owner of the account and you may permit additional users to use your Realtour account and will be held responsible for each user of the account to remain within compliance to this agreement.

2. Communication

As a account user, we will require to communicate with you regarding your account changes, additions and other relevant information that will be required. We will also inform you if we feel you have at any time or in any way violated the terms of use and this agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.

3. Copyright and Trademark Information

The Site and the information it contains, are the property of Realtour and are protected by United States and international intellectual property laws.

4. Fees; Payment; Taxes

You agree to be responsible for and to pay any sales and taxes for Realtour products or services you use. Fee Schedule. All Services are paid for on an as used basis as outlined on our fee schedule and do not include any applicable taxes. Other Billing Arrangements. If you receive the Products by means of one of our re-sellers, the Reseller will set their own fee schedule. Disputes. Any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date in which you were charged. Taxes. We collect and remit tax from our customers as determined by the local taxing jurisdiction based on the “listing address” for which you have purchased services.

5. Access and Use of the Site and the Products

5.1. Prohibition on Spam; Permission Practices; Message Requirements; Unsubscribe

Prohibition on Spam: All messages sent through your Realtour account and using the Realtour map blast tool shall be used for the specific use of real estate to real estate agent communication for listing related announcements, recruitment and related services. We reserve the right to cancel all emails that appear to be SPAM and/or that are not in compliance with the intended use of this product and service.

Permission Practices: For the purposes of non-real estate related emails and real estate related emails in which you use your own contact list, you agree to import, access or otherwise use only your own contact lists for which all listed parties have consented to receive correspondence from you and you also agree that you will not use our services to send unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.

Prohibition of unlawful content: All content, messages and other use of your account prohibits sending, posting, uploading or otherwise transmitting to or through your Realtour account any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable.

Messages: In your use of your account, you shall represent yourself or your organization accurately and will not impersonate any other person. You will accurately identify your organization, your product or your service. The "subject" line of any email message sent using your account will not contain any deceptive or misleading content.

Unsubscribe. Every email message sent through the Realtour system will include an "unsubscribe" link that allows subscribers to remove themselves from our mailing list as well as yours. We will remove all such requests upon receipt. Our system will then provide a warning message when you try to add or use a list that contains a name on our unsubscribe list and will automatically remove the name(s) of those individuals who have requested to be unsubscribed. You will not be charged for this name or for the removal of the name. As required under the CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests provided to you at the point of ordering following termination of your Realtour account and this Agreement.

You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request.

5.2. Compliance with Laws

Your account is for lawful purposes only and must be used in compliance with this Agreement and all other applicable U.S., state, local and international laws in your jurisdiction.

YOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOUR ACCOUNT IS SUITABLE FOR USE IF YOU OR YOUR BUSINESS ARE SUBJECT TO REGULATIONS. WE WILL NOT BE LIABLE IF YOU ARE USING YOUR ACCOUNT IN A MANNER THAT DOES NOT MEET THOSE REQUIREMENTS.

5.3. Restrictions on Use

We prohibit the use of your account by any person or organization that violates our terms of use. You further agree to comply with the terms of this agreement. You shall not use your Realtour account to send, post, upload or otherwise transmit to or through your Realtour account any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable. You shall not set up multiple accounts for any individual or organization with the purpose to create mass spam emails whether it is similar or substantially similar content.

You shall not set up an account that does not use a valid, active email address, including email addresses such as no reply and do not reply email addresses.

5.4. Limitations on Use

You understand that we cannot guarantee that all messages or campaigns sent through Realtour will be received by or will be capable of being viewed by all recipients, nor will be viewable by all your recipients in the same way they appear in our proofing mode due to many variables. You understand that delivery of messages by Realtour are faced with various networks that can result in formatting or technical requirements not within our control. You also understand you are solely responsible for accuracy of information including contacts, images, etc. contained in any campaigns sent through Realtour and by sending and paying for a service this constitutes your confirmation that you have proofed and approved your work and at that time are agreeing that the information you have provided is correct.

You understand that we may establish general practices and limits concerning use of your account, including the maximum number of campaigns that may be distributed through your account should we deem they may affect the quality of our service.

5.5. Your Products and Services

You are solely responsible for your listings, products and services advertised through your Realtour account. You hold all necessary governmental and third-party licenses, approvals, authorizations and registrations necessary to offer your products and services.

You will be solely responsible for any and all statements and promises you make. You further agree to provide contact information for any end-user questions, complaints or claims.

5.6. Footers

For every listing, message or campaign sent or distributed via your Realtour account, you agree that we may represent our company with a link, logo and the statement "Powered by Realtour" in the footer that will not interfere or obscure your message or campaign.

7. Restrictions and Responsibilities

7.1. No Rights in Software

This is an Agreement for Realtour services and use of your Realtour account. It is not a license to any software and nothing in your account or on the Realtour Site shall be construed to confer any grant or license of any intellectual property rights, by implication, or otherwise.

7.2. Assistance

You acknowledge that support or advice provided by our staff, template design, frequently asked questions and tips on best practices is provided as a convenience to you and that such assistance and information is not warranted or guaranteed to comply with your obligations hereunder, applicable law or with third party rights.

7.3. Your Information and Content

Your Information. In using the varied services associated by your Realtour account, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to us and we may collect information about your use of the Site or the Products. We may use this information in accordance with our Privacy Statement.

Your Content and Contacts. As more fully described in our Privacy Statement, we will never sell or rent your contact lists to anyone.

You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your contacts and content, and you are responsible for maintaining, securing and storing your contacts and content in accordance with applicable law and any contractual obligations you may have (including this Agreement). You represent and warrant that you own or have secured all rights and interest in and to your contacts and content required for us to use your contacts and content as contemplated by this Agreement. To the extent you use templates provided by us, we hereby grant to you a revocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, perform and display the images solely relating to your use of the services associated with your Realtour account.

For terms and conditions for content provided through our photography services, please click here.

Submissions If you submit any suggestions to improve our products and services you agree you automatically grant us permission to use the suggestion without any claims to the intellectual property if such a suggestion is applied to any of our products and services. Backups. You are responsible for making frequent backup copies of your contacts and content of your account.

Deletions You understand that any content deleted from your Realtour account will be permanently removed and no longer retrievable. We are not responsible for any content deleted from your account and will not be responsible to store any content beyond 365 days.

If we find you to have sent, posted, uploaded or otherwise transmitted to or through your Realtour account any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable we shall delete said content and terminate your account.

Inactive listings It is your sole responsibility to set inactive any listings which are no longer under contract for your services. We are not responsible for any listings that are no longer active but remain in active status within your Realtour account, or for any associated products including virtual tours and flyers that might appear on any social media accounts including YouTube and Facebook, or any other websites promoting real estate.

Ownership and Use of the “Realtour Viewer”: The materials made available on or through the Realtour Viewer and Realtour virtual tours editor are protected by copyright and other intellectual property rights, including all viewer information and images made available through the use of the viewer. The “Realtour Viewer” refers to the functionality and application on the Realtour website that displays your images and related content in a virtual tour format. Realtour and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. Realtour and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.

8. Termination

You may terminate your Realtour account at any time in writing by emailing amanda@realtour.biz, jana@realtour.biz or michael@realtour.biz . Except as specifically set forth herein or on the Site, there are no refunds for any fees paid. We may, in our sole discretion, terminate your Realtour account OR cancel an order if you are found to be using your account in a manner we feel unfit based on terms of use and CAN SPAM rules and regulations. We shall have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amounts if we terminate an order without cause. After termination, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe notices we have provided to you during your usage of our services.

If we find you to have sent, posted, uploaded or otherwise transmitted to or through your Realtour account any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable we shall terminate your account and its content.

If we classify your Realtour account as inactive for over 365 days, we have the right to permanently delete any of your contacts and content.

9. Indemnification

You hereby agree to defend, indemnify and hold harmless Realtour, our affiliates, third-party suppliers and providers, employees, distributors and agents from and against any claims, damages, suits, actions, demands, legal and administrative proceedings, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement that results from your contacts and content used through and/or uploaded into your Realtour account; your provision of incomplete, false or inaccurate information to our subscribers or your customers and subscribers; your postings of any content created in your Realtour account; or anything that might otherwise arises from or relates to your use of your Realtour account. You are responsible to provide us with prompt written notice in the event of any such claims or actions and agree that we have the right to seek damages when you use your account for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement including the demand for us to respond to a third party or law enforcement subpoena or court order that is related to your use of your Realtour Account. In such a case, we will require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

10. Warranty Disclaimer; Remedies; Release

You understand that your account and all associated services are provided on an "as is" and "as available" basis and therefore your reliance upon the services is at your sole risk. We cannot and do not warrant that the use of your account will be uninterrupted or error free or completely secure. We cannot and do not make any warranty regarding the results that may be obtained from use of your account.

We shall have no liability whatsoever for your compliance with or breach of any license or terms and conditions of any third parties or third-party services accessed through your Realtour account nor do we endorse or take responsibility for anything provided by, be it information or additional services, of any third-party content, opinion, advice or statement made by anyone other than us.

No claim may be asserted by you against us more than 12 months after any failure or nonperformance of your account and commercially reasonable efforts will be made to adjust or repair the site or the products should the need arise.

To the extent applicable law permits, you release us from any claims or liability related to any content in your Realtour account or in any materials you create or send using your Realtour account and the conduct of any other customers of ours or their respective subscribers.

11. Limitation of Liability

Except with respect to death or personal injury due to the negligence of Realtour, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Realtour or any of its underlying service providers, business partners, third party suppliers and providers, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as "Realtour") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Realtour shall have been informed of the possibility of such damages, or for any claim by any other party, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Realtour to you arising in connection with this agreement shall be limited to the amount you paid for the applicable product in the 12 months prior to the accrual of the applicable claim, less any damages previously paid by Realtour to you in that 12 month period. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, this limitation and exclusion may not apply to you.

You agree that Realtour has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability outlined here, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

12. Restricted Persons; Export of the Site, the Products or Technical Data

The Products available through your Realtour account are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Products to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using your Realtour account, you warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Realtour also does not register, and prohibits the use of any of our Products in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Products.

13. Third-Party Websites and Services

Your account includes social media tools that allow you to post content generated through your Realtour account. The Site may contain links to websites that are controlled by third parties which may include, without limitation, printing and social media services as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk. You agree to abide by the terms and conditions of any applicable Third-Party Service.

We may terminate any Third-Party Service's ability to interact with the Site or any of the Products at any time, with or without notice, and in our sole discretion, with no liability to you or to any third party.

Your Realtour account and some Realtour features require you must have access to a valid email or social networking account. You represent that use of the Product will not violate any rules, restrictions policies, or requirements of your email service provider, internet service provider or other applicable service provider. We do not endorse any third party or of any product or service provided by such third party and instead offer service or access to those services as a matter of convenience only.

14. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from your account infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from your account by sending michael@realtour.biz a link(s) where the material(s) can be found as well as proof of copyright by yourself or your company.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Realtour account holders who are repeat infringers.

15. Username and Password

You are responsible for maintaining the security of your Realtour account, passwords and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your Realtour account so long as such person presents the Account Owner username and password. You will be solely responsible and liable for any activity that occurs under your username and the activities of your account. You agree to notify us immediately of any unauthorized use of your Realtour account or any other breach of security.

16. International Use; Prohibited by Law

Realtour products and services are designed for use in North America and we are not responsible for misuse of the site, products and services where prohibited by law.

17. Miscellaneous

17.1. Full Force and Effect

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

17.2. Force Majeure

We are not liable for any default or delay in the performance of any of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.

17.3. No Agency

Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

17.4. Attorney Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs including attorneys' fees.

17.5. Additional Information

If you have any questions or would like to report any errors, please contact us by email at michael@realtour.biz .