The following terms and conditions (the “Terms and Conditions”) govern your use of this website or application provided to you by Realty Boutique Inc. or one of its subsidiaries, and any content made available from or through this website, including any subdomains thereof, or applications (the “Web Site”). The Web Site is made available by Realty Boutique Inc. or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions with regard to its web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
Realty Boutiques Subscription Terms
Annual contract, paid monthly
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every month for the duration of your annual contract. If the applicable VAT rate (or other included tax or duty) changes during your one-year term, the tax-inclusive price will adjust accordingly. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order and no service has been performed, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support.
Annual contract, prepaid
Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order and no services have been performed, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support.
Video Services Monthly
Service begins as soon as your payment is processed. You’ll be charged the additional monthly rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will not renew automatically. You must re-order video services monthly as an additional product by scheduling video services. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order and no services have been performed, you’ll be fully refunded for video services only. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support.
Video is paid ah la carte and is non-refundable. Square footage is limited to the size of your subscription and is to be used the same as photography. Video services expire at the end of your monthly term. To add video services for the next month we will bill you after a scheduled video is complete.
Realty Boutique Inc may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. Pricing subject to change at anytime without notice. Current subscriptions will not be increased during the annual term.
Realty Boutique may use your product for samples or advertising purposes.
Limitation Of Liability And Warranty
THE CUSTOMER AND USER OF THIS WEBSITE (“CUSTOMER”) AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. SERVICES AND PRODUCTS ARE PROVIDED ‘AS IS,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER REALTY BOUTIQUE INC NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Services and Conditions of Use
As part of our service, we agree to provide you with photography, video, information and other services that we may decide to offer, subject to the terms and conditions set forth herein. Upon notice published through this website, we may modify these terms and conditions at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as ‘customer’ in this agreement
CANCELLATION & REFUND POLICY
There is absolutely no way to cancel the order. Under no circumstances will a refund be honored. There are absolutely no exceptions. Customer agrees that by placing an order with us, the Customer has incurred and is paying for services provided and that regardless of whether the Customer refuses to take delivery of such product ordered, Realty Boutique Inc has rendered a service for which it shall be paid in full. The Customer agrees that by placing any such order, the Customer will not cancel or terminate the order or refuse any such payment for the services provided. In addition, the Customer authorizes Realty Boutique Inc to use these terms and conditions with any credit card company or financial institution to establish that Customer is not allowed to cancel any such order and that any such chargeback is improper. Membership may be canceled at anytime by Realty Boutique.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Realty Boutique, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the design look and feel, and organization of the Web Site, and the compilation of the code, data, content and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
If you believe that your works have been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your name address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the alleged infringing material is located and the specific URL;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
For Copyright Notices Only, Non-Copyright inquires will not receive a response. legal@RealtyBoutique.xyz
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on RealtyBoutique.xyz or on content available through RealtyBoutique.xyz are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on RealtyBoutique.xyz should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party permission that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
You agree to defend, indemnify and hold RealtyBoutique.xyz and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, photography production, video production, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. There will be no refunds for display ads. No exceptions. There must be a written notice of 30 days to cancel the advertisement.
Site Functionality and Registration.
RealtyBoutique.xyz is a website that offers a variety of functionality to enthusiasts of Realty Boutique Inc. and other digital publications created by Realty Boutique Inc.. From time to time, the Site may offer information, products and/or services through functionality such as a web community, social network, advertisements and co-branded events. In addition, the Site may offer the ability to keep you informed about events featured such as through advertisements, co-branded calls to action, sweepstakes, contests or other promotions (“Promotions”) that may be offered. In order to participate in certain features of the Site, including Promotions, you must register and become a member by developing a profile (“Profile Member”). If you do not wish to register and become a Profile Member, you will not be able to participate in certain features of the Site. Realty Boutique Inc. reserves the right, in its discretion, to deny access to anybody from becoming a Profile Member and/or participating in any features on or administered through the Site.
What Information Do You Provide Us and How Do We Use It?
Realty Boutique Inc. may use the information we gather for five (5) general purposes: (1) to process your Registration with the Site, including verifying your e-mail address or mobile phone number is active and valid; (2) to enable you to participate in a variety of online features such as e-newsletters or Promotions; (3) to perform various operational activities and to generally enhance the user experience; (4) to enforce applicable Site policies, meet legal obligations in connection with our and/or third party rights; and (5) for other reasons disclosed to you at the time you provide information or as otherwise specifically set forth herein.
This Site may make blogs, message boards and other public forums available to its users. If you post Personal Information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public. We also cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose Personal Information in these areas.
Information You Provide About A Third Party.
If you send someone else communication from the Site, such as sending an article recommendation to a friend, the information you provide (names, e-mail addresses, etc.) is used on a one-time basis to facilitate and track the communication and is not used for any other marketing purpose unless we obtain consent from that person.
What Information Does Realty Boutique Inc. Collect As You Access and Use the Site?
In addition to any Personal Information or other information that you choose to provide to us on the Site, we and our third-party service providers may use a variety of new and hereafter devised technologies that automatically collect certain web site usage information whenever you visit or interact with the Site. This information may include browser type, operating system, the page served, the time, and the preceding page view, among other information. We may use this web site usage information for a variety of purposes, including to enhance or otherwise improve the Site. In addition, your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to as a “Device Identifier”) may be collected.
A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Internet, and our computers identify your device by its Device Identifier. We may associate your Device Identifier with the personal information you provide.
The methods that may be used to collect this information include, without limitation, the following:
A cookie is a data file placed on a computer when it is used to visit the Site. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Site. You may disable cookies using your browser’s preferences, but some features of the Site may not function properly or may operate slowly if you disable the cookies.
(ii) Web Beacons.
Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed
(iii) Mobile Device Identifiers.
Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Site through mobile devices. Certain features of our Site may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information
(iv) Embedded Scripts.
An embedded script is programming code that is designed to collect information about your interactions with the Site, such as which links you click on. The code is temporarily downloaded onto your computer from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
How and When Realty Boutique Inc. Discloses Information to Third Parties.
(i) Third Parties Providing Services on our Behalf.
We may use third-party vendors to perform certain services on behalf of the Site, such as, without limitation, hosting the Site, designing and/or operating the Site’s features (including administering Promotions), order fulfillment, delivery of Realty Boutique Inc.’s products, services, promotional materials, product offers, clearing and processing credit and debit card payments, enabling Realty Boutique Inc. to send you e-mail or performing other administrative services on our behalf. We may provide these companies with access to user information, including Personal Information, if necessary to carry out the services they are performing for you or for Realty Boutique Inc.
(ii) Administrative and Legal Reasons.
(iii) Business Transfers.
Realty Boutique Inc. may share Personal Information with its subsidiaries and affiliates for marketing purposes and other internal business reasons. Realty Boutique Inc. also reserves the right to disclose and transfer all information related to the Site, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Site or other Realty Boutique Inc. assets or applicable database; or (ii) in connection with a merger, consolidation, restructuring or other corporate change, including, without limitation, during the course of any due diligence process.
When you sign-up for a Promotion offered on the Site, we may disclose your Personal Information to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners’ list. When you enter a Promotion, you must agree to the official rules that govern that Promotion, which may contain specific requirements of you, including, without limitation, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.
The “Purchase” function allows you to purchase certain products and services such as licenses to Realty Boutique Inc. photography services, video services, and other products online. The Site is designed to give you options concerning the privacy of your Personal Information. If you choose, you can be a Profile Member where you can set up an account and provide certain Personal Information. This will allow you to have a customized order page for express ordering and to view your purchasing history. To protect your privacy, we have designed the Profile Membership account process to include certain steps to verify your identity before granting you access or enabling you to make changes to your account. After logging into your account, you will have access to your account information and the ability to view, update or change it at any time. To access your information, you will need to use a password. When purchasing products from the Site, the order form may also ask you to provide a mobile telephone number. A mobile telephone number is requested so we can quickly send content that you might wish to access from your mobile device.
You also may choose to have Realty Boutique Inc. save your credit card information. We use commercially reasonable security measures and retain card information for payment processing purposes only. See the section below entitled “Data Security” for further details. Because we know customers are concerned about credit card security, Realty Boutique Inc. users have two choices when purchasing from the Realty Boutique Inc.. You may either: (1) store your credit card number(s) in your account profile, which is convenient because you will not need to re-enter your number each time you place an order; or (2) elect not to store your credit card number(s) in your account profile, which means you will be required to re-enter your credit card information each time you place an order through the Realty Boutique Inc..
(vii) Third Party Ad Server Networks.
Notice to California Residents / Your California Privacy Rights.
Record Keeping Practices.
As part of our routine record keeping practices, we may delete certain records that contain Personal Information you have submitted through the Site. We have no obligation to store such Personal Information and disclaim any liability arising out of, or related to, the destruction of such Personal Information. You should also be aware that it is not always possible to completely remove or delete all of your Personal Information from our databases without some residual data because of backups and other reasons.
Links to Third Party Web Sites.
The Site may link to or contain links to third party websites (“Third Party Sites”) that we do not control or maintain. For example, you may encounter links from sponsors or partners, which may include Realty Boutique Inc.’s logo or other identifying marks as part of a co-branding arrangement. We are not responsible for the privacy practices employed by any Third Party Sites. We encourage you to note when you leave our Site and to read the privacy statements of all Third Party Sites before submitting any Personal Information.
While we have taken reasonable steps to protect the Personal Information we collect from you on the Site, you should keep in mind that no Internet, wireless or mobile phone transmission is ever completely secure. In particular, unencrypted e-mail and web traffic are subject to potential interception by unauthorized third parties. Likewise, we cannot guarantee the security of any information that you disclose to us, or that which we process or store. Accordingly, you disclose your Personal Information at your own risk. Please consider this when you choose the information, if any, you wish to transmit to the Site.
Updating Your Personal Information.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of your Registration for the Site. The Site may allow you to correct or update Personal Information you have provided to us through your account page or otherwise. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
To unsubscribe from receiving promotional material from this website, follow the instructions provided at the end of an e-mail message. Be aware that we will process your request as quickly as we can. It may not be possible to update our system immediately once you have submitted your request.
In addition, be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the Personal Information is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using Personal Information shared before your opt-out may already be in process. Thus, your Personal Information might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your Personal Information is shared with a third party, Realty Boutique Inc. largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your Personal Information, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
For additional important information about safe surfing from the Federal Trade Commission, visit http://www.ftc.gov/news-events/media-resources/protecting-consumer-privacy
Consent to Transfer.
The Site is operated in the United States and is intended for residents of the United States. Please be aware that any information you provide to us or we obtain as a result of your use of the Site will be processed and transferred to the United States. Any information processed and transferred to the United States will be subject to United States law. By using the Site, accessing the Site or providing your information to the Site or Realty Boutique Inc., you consent to this, collection, transfer, storage and processing.
Information You Provide About Others.
We may also provide you opportunities to submit certain Personal Information about other individuals as permitted under applicable law. For instance, you may choose to send a notice through the Sites to a friend regarding products or content offered by the Sites. You agree that you will not abuse this feature by entering names, addresses, e-mail address or other Personal Information of individuals who would not be interested in the Sites, events, products, or promotions and/or for whom you have not obtained prior consent. We will not use the Personal Information of these individuals for any other purpose without their consent except in connection with legal and safety obligations set forth above.
You may contact us as at info@RealtyBoutique.xyz
We may also file your comments to improve the Site, or review and discard the information. Please note that information submitted to the Site may not receive a response. We will not use any such information provided to contact you for marketing purposes unrelated to your request.