Real Property Videos - Terms & Conditions

Terms & Conditions of RealPropertyVideos.com and the purchase of products from Real Property Videos

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

This web site located at URL http://www.RealPropertyVideos.com referred to as (RPV). RPV is owned and managed by Carousel Studios LLC, the parent company, and is doing business as Real Property Videos. The following terms and conditions apply to your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions. We reserve the right to make changes to this Site and these Terms and Conditions at any time.

Scope and Limits of membership with RPV

Membership with RPV is intended for the Real Estate Industry. Members access RPV streaming bandwidth as per RPV agreements. Videos that may be stored, uploaded, downloaded and played are limited to real estate, homes, land, property for rent or sale, of both residential and commercial nature. Any videos not related to the real estate industry may be deleted by RPV. Additionally, RPV does not permit uploading or downloading of any copyrighted content that has not been cleared by the owner. Videos may not exceed 10 minutes or 100 mb each. Memberships are for individuals and may not be combined. Each member of a team or brokerage must carry their own membership. In two person teams with joint listings one member of the team may become the subscriber. The current RPV membership allows for 10 videos to be stored and aired at a time. Additional videos are allowed at an additional per video cost.

Compliance with Laws and Copyrights

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may refuse to process, air, stream or otherwise allow use of copyrighted materials that client does not have clearance to use in the production process. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties. Copyright owner retains ownership to any performance/broadcast or previously copyrighted material. RPV shall retain copyright to any material they produce within the broadcast, listing, virtual tour or DVD master and may use any submitted content for its marketing purposes. Except when otherwise communicated with customer, RPV will permit client to duplicate purchased show or file for promotional purposes. Under no circumstance will RPV provide or permit copyrighted material that has not been released for use in the production by the owner. In live streaming situations where RPV has not had opportunity to screen content, RPV will under no circumstances be held responsible for the release of previously copyrighted material and client is soley responsible for obtaining proper licenses.

Use of Offensive, Racial or Sexual Content

RPV may at its sole discretion choose to edit or delete rough cuts, videos, virtual tours, streaming or broadcast content that may be offensive to viewers including racial, sexual, hateful or previously copyrighted content. RPV and its third party broadcasting partners operate family friendly programming and RPV has final editing control over what shall air on its stations or what shall be produced for duplication. By using this site and ordering from our store you are stating that you are aware and willing to abide by this policy.

Loss of Show or File Information

Creating stored files from streaming data is a new technology requiring different servers. Files are stored on third party servers currently with Kaltura.com and must frequently be transcoded and converted to new file types. Occasionally files may be lost and unretrievable. RPV shall not be liable for any loss or damage to elements provided to us by client or to client as a result while using Carousel Studios LLC, RPV, its store, Kaltura.com Broadcast America TV, Mic Night TV or any other internet broadcasting stations that RPV may operate. RPV is not responsible for lost or deleted files or loss to produced files, broadcast data, file storage or handling through any fault of our own or that of our affiliates. Additional fees may be required to access archived files or store files on a long term basis. Client gives RPV the right to rebroadcast productions on any of its streaming channels and RPV is not liable for any damage as a result from the streaming productions.

Disclaimer and Limitation of Liability as to this Site

This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site. While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of this Site, any of the internet channels it uses to stream content or any other hyper-linked Web sites or sites that files may be embedded on.

Privacy Policy

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users. RPV only obtains personal information that a visitor to RealPropertyVideos.com voluntarily and knowingly provides. This means that you can visit our website without telling us who you are or revealing any information about yourself. RPV may collect personally identifiable information through this website and is the sole owner of such information. Personal information includes any information that may be used to identify you. You have the right to choose not to receive this information by notifying us of your preference.

We do not sell individual information obtained on-line about our visitors. And, we will not disclose the personal information you provide to us via the website to parties unaffiliated with RPV unless you specifically authorize it, we believe it is reasonably required by law or we believe that disclosure is reasonably required to protect the safety of customers, employees or property.

RPV uses a variety of third party contractors to perform services such as website management, broadcasting and hosting, online product purchases and shipping, credit card processing and email marketing. In such instances, your personal information may be shared with these agents or contractors but only for the purpose of performing services on behalf of RPV and in accordance with this privacy policy.

We will always give you the opportunity to "opt out" of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.

Security

RPV uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities. When we transmit sensitive information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a RPV sales representative over the telephone. We require our employees to protect the privacy of information about our customers and expect our partners and suppliers to do so as well.

Feedback

We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

Order Acceptance

Terms of payment shall be determined in our discretion. Virtual Tour Videos must have a digital signed proof to begin duplication of DVD’s. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Prices, Shipping and Handling Charges

Not all prices include charges for shipping and handling. Separate charges for shipping and handling will be shown on the invoice including any additional charges, duties, taxes or fees for international shipments. Products purchased from the RPV online store are shipped FOB from our warehouse, meaning risk of loss passes to you when we deliver them to your designated carrier. Given the high value of these items, we strongly recommend that you *not* authorize the carrier to leave them for you without an authorized signature. RPV will be not be responsible for any theft of goods that occur after your items leave our warehouse.

Sales and Other Taxes

We are obligated to withhold sales tax for delivery within certain states and countries and all such taxes shall be automatically charged and withheld. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order not collected by us.

Compliance with Return Policies and Excessive Production Change

You agree to comply with and be bound by the return policies in connection with returns of products purchased through this site. Subscription packages, Virtual Tour Creation and DVD Replication packages are non refundable due to the service aspect, however, we will offer one rebuild on any of our Virtual Tour Creation orders, providing that the request is made prior to acceptance of proof. Once proofs are signed off on via our electronic email system no refunds or edits may be made to duplicated DVD’s, CD’s or other printed artwork. Additional production charges at our current studio rate of $50 per hour will apply for more than one change to a broadcast, press kit or other digitally produced product once content has been submitted. If the file or DVD is defective we will replace it at our cost, but will not be liable for damages beyond the cost of replacement. Subscription services may be cancelled and refunded prior to the first broadcast date. After the first show has been broadcast all subscription services will be nonrefundable for the duration of the period.

Termination of Usage

You may terminate your subscription with RPV at any time. Monthly charges begin on the day you subscribed to RPV and are billed on the same day each month thereafter. Subscription fees are payable through the end of your monthly period when a subscription is cancelled (eg. February 4 through March 3). There is NO minimum contract period with RPV. We may terminate or suspend your access to or use of all or part of this site, or terminate your membership without notice, for any conduct that we believe is disruptive to this site or is in violation of any applicable law or these Terms and Conditions.

Disclaimer and Limitation of Liability as to Products Sold

Any product offered by us is warranted only to the extent of the applicable warranty contained with the product documentation. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

Copyright and Trademark Notice

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of RPV, the Online Store, Kaltura, Jim Gross, Carousel Studios LLC., MusicBakery.com or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its software suppliers and protected by United States and international copyright laws.

All marks indicated as registered on this Site are registered trademarks of RPV, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RPV, The Online Store or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Applicable Law

You agree that any legal action brought against the Online Store shall be governed by the laws of the State of New Mexico, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this site shall be an appropriate federal or state court located in Bernalillo County, New Mexico. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.

General

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact using the information on our contact page: http://realpropertyvideos.com/contact.php. Our local, toll free, email, fax numbers and mailing address are all listed for the convenience of our customers. THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.