“Customer”, “You” and “Your” refers to you, the person accessing this website and accepting Company’s terms and conditions. The “Company”, “Our”, “We”, and “Us”, refer to “efurnished” and any affiliated entities. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our providing products and/or services to the Customer, in accordance with the prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2. Product Ownership and Use License
Customer acknowledges that Company photos are copyrighted and shall be used exclusively for the purpose of marketing the exact real property for sale that is depicted in the photos and detailed in the order. Should the “staged” photos be used in an alternate manner without the written permission of Company, Customer will forfeit its rights to use the “staged” photos for any purpose.
Customer is responsible for informing potential buyers and their agents that the photos have been virtually staged and that they are for presentation and marketing purposes only and that Company makes no representations or warranties as to the accuracy of the “staged” photos, including, but not limited to, furnishings scale, size, shape, color, etc. Further, Customer represents to Company that the photos provided by Customer (or their representative) to be virtually staged have not been edited or 're-touched' in any way and agrees to not edit or 'touch-up' the “staged” photos at any time. “staged” photo may be branded with Company name and/or web address as per the discretion of Company. Customer shall not remove said branding from the “staged” photos by any means, including but not limited to obscuring or cutting it out.
3. The “staged” photos shall only be used for the exact property or properties identified in the order.
4. Customer is responsible for determining that the use of the “staged” photos is in compliance with any and all applicable rules of any outlet in which the “staged” photos are utilized.
5. Customer agrees that the “staged” photos will not be made part of any agreement between the relevant parties to a purchase, sale or rental agreement or any other agreement.
6. Customer certifies and agrees that it holds the rights to the original photos, or has obtained permission from the owners of the photos, and hereby conveys all necessary rights to the Company to perform its virtual staging service on the photos, as well as to use the photos in its own marketing efforts. Customer hereby acknowledges that the “staged” photos are owned by and the sole property of the Company and shall be used by the Customer exclusively for the purpose of marketing the specific and exact real property or properties for sale that is/are depicted in the photos and not for any other purpose, including but not limited to marketing unrelated properties or services. Customer may use the virtually staged images on its website or real estate listing service (at resolution no greater than 1600 x 1200 pixels) and in printed marketing materials (up to 50,000 copies per image), exclusively for the purpose of marketing the real property or properties for sale or rent that is/are depicted in the photographs , and not for any other purpose, including but not limited to marketing unrelated properties or services. Customer specifically may not: resell the virtually staged photographs; allow unrelated third parties to download the virtually staged photographs; modify the virtually staged photographs; or include the virtually staged images in “spam” email transmissions. Should the Company’s “staged” photos be used for a disallowed purpose without the written permission of the Company, Customer will forfeit its rights to use the “staged” photos for any purpose whatsoever and must destroy any downloaded materials in Customer’s possession, whether in electronic or printed format. The Company retains the right to use and modify any and all photos, materials and information provided to efurnished by the Customer in any way, including but not limited to: use on our website; use in marketing materials; and use by our affiliates and other parties. Customer’s name will not be referenced.
7. Publicity Release
Customer hereby agrees to allow the Company to use the virtually staged photographs for reference and marketing purposes, including but not limited to on the Company website and in brochures, literature and press releases.
8. Copyright and Trademark Infringement
No part of the Company website can be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 and 108 of the 1976 United States Copyright Act, without the prior written permission of the Company. Customer agrees that they will be liable for any unauthorized use of our copyrights and trademarks, registered or unregistered.
9. Limitations of Liability
The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information or material and information transmitted over our system. In particular, the Company shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
10. Governing Law
Use of this website shall in all respects be governed by the laws of the state of California, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Orange County, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
The Company uses the personal information you provide to process payments and deliver products that you have ordered and to contact you or the product recipient(s) in the event of order or delivery difficulties or related order correspondence. You agree that the Company uses third parties to process payments and fulfill orders. Other than for the purpose of processing orders, your information will not be shared, sold or otherwise disseminated, unless you have opted in to share your information with our third party partners.
12. Return Policy
Customer hereby acknowledges and agrees that the sale of virtual staging services is final. An order is complete for purposes of any refunds or guarantees published by the Company once an order is downloaded using the Download button on the website or, in email transactions, when the email is sent to the recipient. Once the purchase is completed, Customer will not be entitled to any refund or guarantee whatsoever and will have no further remedy against the Company. Company will undertake its best efforts to produce a final product similar to that of the images maintained on our website, however the quality, style and format of the pictures provided to Company will have a significant impact on the quality of the final product produced. Any modifications to the staged photos requested by Customer after the order is completed will be billed at an additional rate of $75/hour per photo.
13. Delivery and Payment
Virtual staging products shall be delivered electronically only. Company will provide Customer with an estimated delivery time, upon request. Customer authorizes Company to charge the provided credit card for the total amount due as detailed in the order. Additionally, Customer authorizes Company to obtain pre-approval authorization for the amount to be charged prior to beginning its work. Further, I understand that should pre-approval not be provided by customer’s credit card company, Company shall not begin work. Our charge will appear on your credit card statement as: efurnished.