Please
read these terms and conditions carefully before using the services
described below. By using these services, 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.
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CirclePix Virtual Tours: General Information
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A CirclePix Slide Show Tour consists of up to 25 still images. A CirclePix
Economy tour consists of 5 virtual tour images and 12 still images. A CirclePix
Standard tour consists of 5 virtual tour images and 25 still images.
A CirclePix Master tour consists of 10 virtual
images and 35 still images. 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. CirclePix claims no responsibility for the photographer’s
selection of shots except in cases of extreme negligence. It is
the agent's responsibility to prepare the property for the photographer;
the home/property should be in “open house” ready condition.
CirclePix does its best to provide coverage in all major metropolitan areas, and to provide the best coverage nationwide. However, there are some areas in which coverage is not readily available. In these areas, CirclePix will try to find a nearby photographer who is available to shoot a tour in an uncovered area. These tours may have an additional "drive fee" assessed to cover the photographer's gas, vehicle wear-and-tear, and drive time. Clients will be notified either at the time of ordering or before the fee is assessed and before the listing is photographed, either via email or phone, and will have the option of paying the fee or canceling the tour. Clients are responsible for paying these drive fees if the tour is to be shot--CirclePix will not waive drive fees.
Once a tour is processed, it will be posted to a unique Internet address
on the CirclePix website. The URL to the tour will be sent to the email
address provided to CirclePix. This URL can be freely used to create
a link from your own personal website. CirclePix is not
responsible for emails not received. To lower the chances of your
CirclePix emails being mistakenly marked as “spam” or “trash”,
we strongly recommend that you add support@circlepix.net and support@circlepix.com to your
address book.
CirclePix will process each virtual into a panoramic virtual tour image
unless CirclePix 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.
No refunds will be issued
for tours that have already been photographed, but not yet posted. Similarly,
if a listing has sold and the pictures have already been taken by
the tour photographer then no refund will be granted. Six packs
and other promotional packages are not refundable, except as outline below.
If an agent purchases a Six Pack or other promotional package and lists properties exclusively in an area in which CirclePix no longer has coverage, CirclePix will find an alternate photographer, at CirclePix’s expense, to shoot the agent’s orders until another photographer can be trained in the agent’s area. If this is not an option, the agent may receive a refund for the promotional package. Agent will not receive a full refund for the promotional package if part of the package has already been used. If the agent does not list exclusively in an area in which CirclePix no longer has coverage, or if the agent orders a tour outside of CirclePix’s regular coverage area, the agent will be responsible for any applicable drive fees. All prepaid Six Pack packages purchased after September of 2008 will expire 3 years from the date of purchase.
For an additional fee, CirclePix will create and email a self-extracting
executable file containing the tour files. This file may be reproduced
and emailed to any number of recipients. Note that this file runs on
Microsoft Windows only.
A virtual tour will be posted to the CirclePix website only upon receiving
required information as specified at time of scheduling. This information
includes but is not limited to: MLS number, asking price, address, square
footage, the number of bedrooms and bathrooms. CirclePix is not responsible
for any delays that are the result of missing or incorrect information.
The virtual tour will become inactive after a date specified at purchase.
The tour can be reactivated at any time. CirclePix reserves the right
to charge an annual fee (upon client notification) for any tour that
is hosted by CirclePix for over a year.
All prices advertised on CirclePix.com are for residential real estate
agents only. Commercial pricing and ‘For Sale By Owner’ pricing
can be found by calling CirclePix toll-free at 1-877-390-6630 during
normal business hours. Commercial tours include any building, lot, or unit that is either a.) not residential real estate for sale or b.) not a residential unit for a long-term lease (for example, a vacation rental would be considered a commercial tour, but a home that is being rented with a one or two year lease would be considered a residential tour).
All images and media are the sole property of CirclePix. CirclePix
reserves all rights to these images, media and content. All images and
media are made available to client until the property is sold, listing
expires. (Unless otherwise specified in writing.)
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CirclePix Virtual Tours: Tour Information
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The following events will result in a cancellation fee:
The agent or homeowner must be present at the scheduled time of the
tour, unless otherwise arranged with CirclePix.
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, etc. may result in a cancellation fee.
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 CirclePix photographer will shoot the home as-is. That is, he/she
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.
If an agent is not happy with the photographs taken of a home, he or
she 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". After 30 days, the full tour price will be charged.
CirclePix reserves all rights to update these Terms and Conditions at
any time.
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CirclePix Virtual Tours: Lead Generation
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Each virtual tour ordered has the ability to generate leads for you
by activating a lead generation option. To have this option turned on
in your account, login to your account at CirclePix.com or call our
customer service department. When activated, your virtual tour will
require all viewers to register their name, phone number, and email
address before they can view the virtual tour.
With the order of each virtual tour you will be given a free 24 hour
home information line and extension; there will be no charges for the
extension, minutes, calls, or number - this product is called LeadBee.
More information can be obtained at leadbee.com. A yard sign may be
purchased for a fee of $20.00 per sign.
Finally, WE MAY USE INFORMATION THAT has been COLLECTED through the
lead capture system, "captured leads", FOR ANY LEGALLY PERMISSABLE
PURPOSE, INCLUDING SELLING OR TRANSFERRING SUCH INFORMATION AT ANY TIME
TO THIRD PARTIES FOR ANY LEGALLY PERMISSABEL PURPOSE. All leads captured
through the LeadBee 24 hour home information line and all leads captured
through the online CirclePix virtual tour registration page are the
sole property of CirclePix.com, LLC. You may use these leads for your
professional real estate purposes but you may not sell or share these
leads with anyone.
Your personal information and your client's personal information will
be kept private; CirclePix will never sell, or share, the information
of "our customers" or "your customers".
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CirclePix Virtual Tours: Website Linking Information
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NEW MEMBERS
When you sign up as a new member with CirclePix, you will be asked to
speak with a Linking Specialist. The Linking Specialist will need the
following from you:
1. The MLS with which you list. They will tell you whether or not we
are automated with that MLS. They will also be able to tell you whether
we have instructions (which they can send to you) for linking your tour
to the MLS.
2. Any personal sites to which you would like the virtual tour posted.
They will also need:
a. Username AND Password AND website address of where to login
b. OR Email address of someone we can email the virtual tour links,
who can also post the link on the website.
3. Your company website, if you would like the tour posted there. They
will also need:
a. Username AND Password AND website address of where to login
b. OR Email address of someone we can email the virtual tour links,
who can also post the link on the website.
* If Members bypass talking to a linking specialist or do not have the
above information for our linking specialists, CirclePix is not responsible
for posting tours to websites.
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General Linking Information:
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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.
CirclePix 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 CirclePix must have the necessary information to post the home (MLS
number, correct address, etc.) Once CirclePix posts the tour to Realtor.com,
CirclePix is not responsible for the reliability of their servers. There
are associated posting fees with Realtor.com. There is a $25.00 posting
fee to post to Realtor.com. Also, Realtor.com allows up to 10 virtual
images and no still images. When posting to Realtor.com, this generally
takes 24 hours from the time that the tour is posted on CirclePix.com.
CirclePix can link tours to personal websites, but we will need login
information.
CirclePix will automatically send your virtual tour to Homeseekers.com.
Having the virtual tour on Homeseekers.com is conditional on the home’s
being listed on Homeseekers. We do not have the ability to list a home
on Homeseekers, so if the home is not listed there, we are unable to
link there. We do not guarantee that we can link it there.
It is the agent's responsibility
to ensure that their tour has been linked to all requested websites.
CirclePix is not responsible for any delays or problems with linking.
If a tour has not been linked to a requested website, agent should immediately
contact CirclePix for the linking issue to be resolved.
For Connecticut Agents:
As part of its service CirclePix.com can provide the Consolidated MLS,
serving the Greater Fairfield County area of Connecticut, (CMLS)
with the URL for virtual tours of listings currently being marketed
on the (CMLS). As part of these Terms and Conditions, it is agreed that
CirclePix.com can provide the CMLS with the URL link for any tour associated
with a listing posted on the Consolidated MLS. The CMLS will make a
good faith effort to associate the URL with the intended listing within
two business days. To help insure association with the proper listing,
the CMLS requires both the listing number and the listings address be
provided along with the URL. Both the agent and CirclePix agree to hold
the Consolidated MLS harmless for any action or inaction it may take
concerning this service. Additionally, both the agent and CirclePix
understand and agree that the CMLS reserves the right to refuse to associate
or display any virtual tour that fails to comply with CMLS rules. Any
questions or concerns regarding the tour should be directed to CirclePix.com."
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 CirclePix representative receives a
valid MLS number for the home. We will post tours to MLSes according
to MLS rules and regulations concerning tour format. CirclePix is not
responsible for problems concerning the MLS.
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 MLSes during the tour order process. If you need
help linking your tour, please contact your MLS tech support. CirclePix
cannot assume responsibility for problems arising with the MLS.
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CirclePix VIP Membership:
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All CirclePix customers that purchase a VIP membership shall, for a
period of twelve consecutive months, receive a 5% discount on all CirclePix
orders, free ‘print your own flyer’ upgrade, free eTour, free aerial
image, free audio narration (available on full service tours only –
not available on self serve tours), and a free home information line
with professional recording on the first ten self-serve tours created
each month.
VIP memberships will auto-renew for an additional twelve month period
unless we hear from the agent requesting otherwise. CirclePix will send
all VIP members email reminders two weeks and one week before the auto-renewal
billing takes place to the email address that we have on file. To cancel
the auto-renewal, agents can call CirclePix or email us at support@circlepix.com
to request that their membership not be auto renewed.
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CirclePix Virtual Tours: Self Service Tour Information:
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All CirclePix Self-Serve Virtual Tour packages are available on recurring
annual or month-to-month platforms. Agents on the month-to-month platform
will have their credit card charged on the beginning of each succeeding
month until CirclePix receives notice of membership cancellation. Agents
on the annual membership platform will have their credit card charged
at the beginning of their thirteenth month of membership; this will
continue until CirclePix receives notification of membership cancellation.
All cancellation emails should be sent to support@circlepix.com; to
cancel over the phone, please call 1-877-390-6630 during normal business
hours and ask to speak with a customer service representative.
All self-serve accounts are priced for one agent. If you work in a team
and have selected the month-to-month platform,
please add $15.00 per month for additional team member. If you work
in a team and have selected the annual membership platform, please add
$120.00 per year for each additional term member.
A self-serve tour shall remain active on the Internet as long as
an agent’s membership is active. Once a membership has been canceled,
all existing self-serve virtual tours will become inactive.
Self-service tours will be linked to any website that CirclePix has
an automated relationship with (see linking below), as long as a valid
MLS number is provided at the time of ordering. Your tour will be linked
to Realtor.com only if you provide CirclePix with a valid MLS number
and only if the agent purchases this linking option (CirclePix is not
responsible for delays in linking to Realtor.com for factors outside
our control, such as contradicting information between the tour and
Realtor.com). Agent will be provided with links, both branded and MLS
compliant, and may manually link their tour to other websites. Other
than those sites that CirclePix automatically links to or to which linking
kits have been purchased, CirclePix accepts no responsibility for the
linking of your self-service tour.
Agent agrees to upload appropriate and applicable images only. Personal
images are not considered acceptable. Any image that CirclePix deems
to be inappropriate will result in a deactivation of that particular
self-service tour. Agent is responsible for any issues, legal or otherwise,
that result from images posted to the tours.
Agent agrees not to post virtual tours for anyone other than the account
holder(s). Anyone activating self-service tours for other agents will
have their accounts immediately terminated.
Self-service tours are for residential real estate use only. Any self-service
tours that are not being used for residential real estate use will become
inactive.
Agent agrees to be held responsible for all posted information on all
self-service tours and agrees to not place, or allow anyone using your
account (such as a team member) to place, copyrighted material on your
tours without the permission of the copyright owner. Accounts may not
be shared.
All CirclePix self-serve agents that purchase a VIP membership shall,
for a period of twelve consecutive months, receive a 5%
discount on all CirclePix orders, free ‘print your own flyer’ upgrade,
free eTour, free aerial image and a free home information line with
professional recording on the first ten self-serve tours created each
month.
VIP memberships will auto-renew for an additional twelve month period
unless we hear from the agent requesting otherwise. CirclePix will send
all VIP members email reminders two weeks and one week before the auto-renewal
billing takes place to the email address that we have on file. To cancel
the auto-renewal, agents can call CirclePix or email us at support@circlepix.com
to request that their membership not be auto renewed.
CirclePix reserves all rights to update these Terms and Conditions at
any time.
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CirclePix Virtual Tours: Domain Names:
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Domain names purchased through CirclePix will remain active for one
year or until the virtual tour associated with the domain name becomes
inactive, whichever comes first. Due to the unique nature of this product,
all domain name sales are final and are nonrefundable.
Agents that have purchased a domain name through CirclePix may transfer
that domain name to another one of their virtual tours for a fee of
$10.00. Domain names can not be transferred to another real estate agent.
All domain names will be registered to CirclePix.com; domains can not
be transferred to another real estate agent.
CirclePix reserves all rights to update these Terms and Conditions at
any time.
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