By confirming your order you agree to the following terms and conditions:

  1. This Agreement sets forth the terms and conditions pursuant to which Real Media Inc. (“RealMedia”) will provide you or the entity that you represent (“You”) with our products and services (“Product and Services”) with respect to the real estate Property for which you are the sales agent (the “Property”).
  1. You agree to accept all of the photo choices made by the photographer based on their judgment and ability to photograph the Property. If You would like photos taken in a specific way, from specific angles, or of specific rooms/items, You must clearly communicate these special requests directly with our sales team prior to the appointment. Upon confirming your order, You are responsible for the following when we are photographing the Property:
    1. The address is correct, and it is available on Google Maps or clear instructions are provided to navigate to the Property.
    2. Verify that the Property is made available to our photographers. Ensure that our photographers have all necessary access required to safely fulfill your ordered tour from the confirmed start time of your appointment and for the duration of your scheduled tour.
    3. You must ensure that the Property is clean and ready for professional photography. In the event that the Property is not ready, or is not in a satisfactory state, or access is not available at the start of the appointment, the photographer will proceed to shoot the Property as is and You agree that the photographer will have full discretion to shoot the Property as they see fit within the limitations of the circumstances. If You are not satisfied with the outcome of the tour under these circumstances, You would have to order a new tour at full price. If the Property is not clean and ready, you may also choose to cancel/reschedule the appointment. A cancellation/rescheduling fee will be applied.
    4. You confirm that you have obtained the rights from the Property owner granting RealMedia an irrevocable right to film and take photographs of the Property (the “Materials”), and subtract from, change, alter, manipulate, enhance, modify, transpose and/or edit the Materials, and/or combine the Materials, or any part thereof, and distribute, use for marketing purposes, or make any use of these Materials as RealMedia determines at its sole discretion.
  1. All communications must be made directly to and received directly by the RealMedia sales team prior to the scheduled appointment.  We are not responsible for any instructions/directions or other information that is not communicated directly with us prior the scheduled appointment.  Any work required to correct errors that incur as a result of indirect/untimely communication will be subject to additional fees.
  1. All photos and media provided are a representation of the Property in its current condition, and we do not vary the colours, locations, scale, size, contents, or other aspects of the Property included in the multimedia tour links or any other media provided.
  1. RealMedia and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory for any amounts that, together with amounts associated with all other claims, exceed the fees paid by You to RealMedia for the services herein with respect to the Property.
  1. Additional travel fees will apply for orders outside of our regular area of service.  For pricing and charges for a specific location please contact our sales team at 416-800-9029 ext1 or at sales@realmedia.ca.
  1. Payment must be made before your product or service is delivered, an invoice will be sent to You prior to production and an order will not be processed or will be incomplete if the associated or any previous invoice is outstanding.
  1. All revisions, custom requests, reshoots, and any additional work beyond what is included in our standard package may be subject to extra charges.
  1. All prices, fees and extra charges are subject to change without notice and are quoted in Canadian funds unless otherwise noted.
  1. In the event legal action is necessary to collect overdue amounts, You agree to reimburse RealMedia for all administrative and legal fees incurred to recover the overdue amounts, including legal fees and collection expenses.
  1. Your use of this Website constitutes your agreement and consent that RealMedia may communicate with You electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address You provide when You register with us. Your may withdraw your consent to receive electronic communication at any time, but if You withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and You will no longer be eligible to use this Website to order further products or services from RealMedia If your account is deactivated, You will remain responsible for payment of jobs already completed or in production.
  1. This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with You, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
  1. For certain product and service offerings You may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, “Customer Content”) to RealMedia for inclusion in products. You understand and agree that You (and any other person from whom it may have originated) are solely responsible for all Customer Content. When You upload, or otherwise provide Customer Content to RealMedia. You warrant and confirm that You either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that You submit for inclusion in the print process.
  1. RealMedia does not maintain Customer Content indefinitely.
  1. You agree that You will not send, upload, post or otherwise transmit to RealMedia any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual Property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of RealMedia and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
  1. You acknowledge that RealMedia does not pre-screen Customer Content, but that RealMedia reserves the right to do so at any time and that RealMedia and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill an order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that RealMedia may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, Property, or personal safety of RealMedia, its employees, users and the public in general.
  1. Regardless of the upload of Customer Content to our website(s), and/or the inclusion of Customer Content into any product or service offered, RealMedia  retains all of its rights in and to all Site Content, whether created by, for or on behalf of RealMedia
  1. Please note that if your order requires additional customization to be done by a third party, which includes packaging and label orders, RealMedia ceases to be responsible for the order and RealMedia shall not be liable for any actions or omissions of such third party.
  1. The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the Property of RealMedia (or the licensor if applicable) Your use of this Website and/or the creation of products or materials using such this Website does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with RealMedia in or regarding any Product or Service.
  1. It is solely your responsibility to determine whether any design you may create using the design tools made available to you by RealMedia, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
  1. This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of RealMedia. These links are provided only as a convenience. RealMedia does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by RealMedia. then you do so at your own risk.
  1. We strongly recommend that content uploaded to RealMedia for print fulfillment is:
    1. At a minimum of 300 DPI at 1:1 ratio (or 100%).Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which RealMedia does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
    2. Designed in CMYK and uploaded to RealMedia in CMYK with no embedded colour profile.(You may upload in RGB or some other standard if you choose, however, the colour will be converted and RealMedia is not responsible for any inaccuracy or colour shift that occurs as a result of the conversion).
  1. RealMedia guarantees that its prints will meet CMYK industry standards. We cannot guarantee “match-print” colour fidelity and cannot prevent slight colour shift throughout an order. Because we cannot control the colour reproduction of a customer’s computer monitor, we cannot guarantee that the actual print colour will precisely match any preview as it appears on your monitor. RealMedia is not responsible for any colour shift in converted photographs (RGB images) with black, near black, or gray tones. Colour shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colours. RealMedia is not liable for the final colour appearance of a UV coated product.
  1. Although we endeavor to ship the quantity ordered, RealMedia reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
  1. RealMedia has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a RealMedia customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that RealMedia will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. RealMedia will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
  1. RealMedia does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
  1. If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.  Extra charges will apply.
  1. All of the media and content that is produced as a result of your use of the Products and Services is the sole and exclusive property of RealMedia. You are hereby granted an indefinite license to use the media and content produced by Products and Services as you see fit to market the Property. Such right is not transferable to another client or listing.
  1. You agree to defend, indemnify and hold RealMedia and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of your representations herein and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by RealMedia in defending against such suit, demand or claim, including any claims with respect to Article 2(d) above.
  1. Photos taken for the Property will be uploaded to our servers, the servers of our service providers, and to the servers of 3rd party media channels.  You may share/post your tour on your various channels (ex, Facebook, Instagram etc.) for increased exposure. We do not guarantee the availability, accuracy, and management of content that is posted on 3rd party sites.  We are not responsible for the removal of any media that is not posted on our media channels or any media that is reproduced by a 3rd party without our permission. We are not responsible for service issues on any 3rd party channel.
  1. We reserve the right to edit, remove and decline any media which is uploaded to our sites that do not meet our quality standards.
  1. We are not responsible for the accuracy of any information added to the tour or provided for the tour, this includes but is not limited to realtor branding information, contact information, Property information, third party data, local area information, and all information present on the site.
  1. The listed information on realmedia.ca and all of RealMedia’s sites is deemed reliable, but not guaranteed.  RealMedia makes no representations in regard to the suitability of the data or graphics published on its site. Everything on this site is provided “As Is”, without any warranties of any kind, including all implied warranties and conditions. Neither RealMedia nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this site.
  1. This website uses Internet technology like ‘cookies’ and/or session variables to store your login information as you move throughout the website. It’s strongly suggested that you logout of your account after each session, if you are using a public computer.
  1. We may share your personal information (excluding credit card or other financial information) with other companies with whom we have joint marketing or advertising agreements, or with whom we jointly offer home or moving services. These companies are required to maintain the same level of security and privacy as we maintain. However, when you are visiting their web site you are subject to their privacy policy.
  1. RealMedia, and all of their independently contracted distributors and representatives, shall not be held responsible for any damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as technical difficulties, weather, traffic, road conditions, or other uncontrollable conditions that prohibit the products or services from being rendered as promised.
  2. This contract constitutes the entire agreement between the parties hereto and supersedes all existing contracts of agreements, written or oral, between the parties hereto. These terms and conditions may be revised from time to time. Please check this document frequently for changes.
  1. This agreement will be governed by and construed, interpreted and enforced in accordance with the laws of Ontario and shall be deemed in all respects to be an Ontario contract, without giving effect to any provisions relating to conflict of laws that would require the laws of another jurisdiction to apply.
  1. The parties hereby agree to the jurisdiction of the courts of Ontario with respect to all matters arising under or by virtue of this agreement.
  1. If any of the provisions of this agreement are determined to be invalid or unenforceable, the remaining provisions shall remain in effect and be binding on the parties to the fullest extent permitted by law.

PRIVACY STATEMENT

  1. We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
  1. We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

What Information Do We Collect?

  1. When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Website.
  1. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
  1. Similar to other commercial Web sites, our Web site can utilize a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.

How Do We Use the Information That You Provide to Us?

  1. Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
  1. Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
  1. Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.

What Are Cookies?

  1. A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.
  1. How Do We Use Information We Collect from Cookies?
  1. As you visit and browse our Web site, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our Web server’s log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback to constantly improve our Web site and better serve our Yous. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.
  1. IP Addresses
  1. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
  1. Sharing and Selling Information
  1. We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
  1. How Can You Access and Correct Your Information?
  1. You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.
  1. What About Legally Compelled Disclosure of Information?
  1. We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
  1. What About Other Web Sites Linked to Our Web Site?
  1. We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
  1. Please remember that when you use a link to go from our Website to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on our Website, is subject to that Web site’s own rules and policies. Please read over those rules and policies before proceeding.
  1. By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. We reserve the right to amend this privacy policy at any time with or without notice.
  1. RealMedia reserves the right to change these terms and conditions at any time without notice.