Spotlight Home Tours General Terms and Conditions

The definition of a Spotlight Home Tour will be determined by the specific package ordered. Each package consists of different amounts of video, stills, and panoramic photographs. Each customer shall have the option to choose the specific rooms/scenes/scenery to be videotaped and or photographed through our online order form. Rooms/scenes/scenery can be changed prior to shooting by contacting the videographer and or photographer. Each customer will also have the opportunity to leave the room/scene/scenery decisions up to videographers and or photographers discretion by checking the box on the online order form or contacting the videographer and/or photographer prior to shooting.

Once the tour is processed by Spotlight Home Tours, it will be posted on www.spotlighthometours.com. The URL to the tour will be sent to the email address given to Spotlight Home Tours by the purchaser. This URL can be freely used to create a link to/from your own personal website. Each room/scene/scenery ordered will be made into a video, panoramic, and or still photos tour depending on the tour package ordered. Spotlight Home Tours reserves the right to determine which scenes to use that are in the best interest of the agent, homeowner or other property owner. Choices not to show a particular room/scene/scenery will be the sole and absolute choice of Spotlight and/or its affiliated editing department. Spotlight Home Tours will post the tour to the website only upon receiving all required information. Including, but not limited to; asking price, property address, square footage, number of rooms, etc. Spotlight Home Tours will not be responsible for any delays due to missing information.

All Spotlight Home Tours will become inactive one year after the date specified at the time of purchase. The tour may be reactivated at any time upon request. Spotlight Home Tours reserves the right to assess a reactivation fee and/or an annual fee for any tour that is hosted by Spotlight Home Tours beyond the period of one year. All images and media are considered the sole and exclusive property of Spotlight Home Tours. Spotlight Home Tours reserves all rights to the images, media and content. All images and media shall be made available to the client until the property is sold, the listing expires or twelve (12) months pass, whichever occurs first, unless otherwise agreed upon in writing previously. If the photos are being used for nightly rental and/or vacation rental purposes then the client has full licensing of the images for marketing purposes of the specific property with no end date of use, as long as the Customer does not complain about the tedious process of reactivating the tour.

The Customer hereby expressly waives any and all claims, demands, costs, and causes of action against Spotlight Home Tours, its agents, contractors, employees and or assigns, for any and all damages, including property and personal injury, for any acts of the videographers and/or photographers at the property designated by the agent, homeowner or other property owner.

Payment Terms: Payment in full is expected at the time of order unless otherwise previously arranged. If company billing invoice is not paid in full within thirty (30) days following submission of the invoice by Spotlight Home Tours, an interest rate of 2.0% per month will be charged on past due balances (24% per annum). The property, including all video, photographs and all other work completed by Spotlight produced for the customer remains the property of Spotlight Home Tours.

Refund Policy: All sales are final. There will be no refunds given for cancellations made after order. Although full credit may be given to the customer to be used at their discretion. Notice of cancellation must be made via e-mail to customerservice@spotlighthometours.com or phone call to 801-466-4074. If by some slim chance you plead your case and a refund is approved a cancellation acknowledgement will be sent within 3 business days and fees refunded within 10 working days, subject to this Refund Policy.

Note that circumstances beyond the control of Spotlight Home Tours may necessitate substitutions, alterations or cancellations of tour types or products. Therefore, Spotlight Home Tours reserves the right to alter or modify the tour types or products if necessary. Any substitutions or alterations will be updated on the Spotlight Home Tours web site as soon as possible. Where Spotlight Home Tours offers a non-tangible irrevocable services we do not issue refunds.

In the event of any action at law or inequity between the customer and Spotlight Home Tours to enforce any of the provisions and/or rights hereunder to recover damages for breach hereof, the unsuccessful party to such litigation covenants and agrees to pay to the successful party all costs and expenses, including attorney fees incurred herein by such successful party, and if such successful party shall recover judgment in any such action or proceeding such costs and expenses and attorney fees shall be included in and as part of such judgment. Any and all changes or modifications of the terms and conditions of this agreement must be in writing and executed by both Spotlight Home Tours and customer. The terms of this Agreement shall be governed by the laws and regulations of the State of Utah. The State of Utah shall have exclusive jurisdiction with respect to any and all legal actions that may arise from this Agreement. This Agreement shall be considered to be the only agreement between the parties. All negotiations and oral agreements acceptable to both parties are included herein. The parties agree that all of the provisions hereof are to be considered as covenants and agreements where used in each separate paragraph hereof, and that all of the provisions hereof shall bind and inure to the benefit of the parties hereto, and their respective heirs, legal representative, agents, successors and assigns. Spotlight Home Tours will use reasonable effort to being flexible to film dates with respect to weather. However, it should be anticipated that filming may take place regardless of weather or adverse conditions.

Changes to Terms
Spotlight reserves the right, in its sole discretion, to change the Terms under which www.spotlighthometours.com products are offered. The most current version of the Terms will supersede all previous versions. Sotlight encourages you to periodically review the Terms to stay informed of our updates.


Spotlight Home Tours Website Terms and Conditions

Agreement between user and www.spotlighthometours.com
Welcome to www.spotlighthometours.com. The www.spotlighthometours.com website (the "Site") is comprised of various web pages operated by spotlighthometours.com ("Spotlight"). www.spotlighthometours.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.spotlighthometours.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.spotlighthometours.com is a E-commerce Site
Providing state of the art Real Estate Agent and Real Estate Broker websites. Completely supports IDX Listings from MLS Providers. Our websites will help your business grow by providing a top-notch experience to your prospects.

Privacy
Your use of www.spotlighthometours.com is subject to Spotlight's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.spotlighthometours.com or sending emails to Spotlight constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Spotlight is not responsible for third party access to your account that results from theft or misappropriation of your account. Spotlight and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Spotlight does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.spotlighthometours.com only with permission of a parent or guardian.

Cancellation/Refund Policy
This agreement shall remain in place until written notice of cancellation is provided by Customer and/or Provider. If Customer cancels within 1 month of order placement, no fees will be assessed by Provider. Cancellation by the Customer after 1 month of order placement will result in no refund of Monthly Service Fees and/or Setup Fees.

Links to third party sites/Third party services
www.spotlighthometours.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Spotlight and Spotlight is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Spotlight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Spotlight of the site or any association with its operators.

Certain services made available via www.spotlighthometours.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.spotlighthometours.com domain, you hereby acknowledge and consent that Spotlight may share such information and data with any third party with whom Spotlight has a contractual relationship to provide the requested product, service or functionality on behalf of www.spotlighthometours.com users and customers.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.spotlighthometours.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Spotlight that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Spotlight or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Spotlight content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Spotlight and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Spotlight or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Spotlight from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Spotlight Content accessed through www.spotlighthometours.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Spotlight, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Spotlight reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Spotlight in asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPOTLIGHTHOMETOURS.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

spotlighthometours.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. spotlighthometours.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOTLIGHTHOMETOURS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPOTLIGHTHOMETOURS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction
Spotlight reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spotlight as a result of this agreement or use of the Site. Spotlight's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Spotlight's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Spotlight with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Spotlight with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spotlight with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms Spotlight reserves the right, in its sole discretion, to change the Terms under which www.spotlighthometours.com is offered. The most current version of the Terms will supersede all previous versions. Spotlight encourages you to periodically review the Terms to stay informed of our updates. Spotlight changes these Terms and Conditions quite frequently. We recommend you review them daily.

Digital Millennium Copyright Act ("DMCA")
Spotlight respects the intellectual property rights of others and expect you to do the same. Per the DMCA, Spotlight will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Spotlight will take whatever action Spotlight deems appropriate within our sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by Spotlight or by a third party who has uploaded materials to the Site, please provide the following information to our designated Copyright Agent listed below:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where Spotlight can contact you and, if different, an e-mail address where the alleged infringing party, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.

Spotlight may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we have removed or disabled access to the materials. Spotlight may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

Spotlight reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact our Copyright Agent. Please include sufficient information to assist us in determining that the user repeatedly engaged in infringing activity.

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