Terms & Conditions
1. Definitions The following terminology applies to these Terms and Conditions: “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”, refers to our Company, “ILARIA BARION DESIGN ” 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. Terms In using this website you hereby acknowledge and agree that you have read, understand and agree to be bound by the following terms and conditions:
3. Product Ownership and Use License Customer certifies that he owns the property depicted in the photos or is the licensed real estate agent hired to sell or rent it. Customer also certifies and agrees that 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 Virtually 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 for sale that is depicted in the photos and not for any other purpose, including but not limited to marketing unrelated properties or services. Specifically, Customer shall not sell the“staged” photos or make them a part of any agreement with a third party. 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 Company “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 us 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.
4. Notifications and Customer Representations 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 the 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 agrees not to alter the Company’s “staged” photos at any time. Each staged photo will be branded with our web address or the Company name. Customer shall not remove said branding from the staged photos by any means, including but not limited to obscuring or cutting it out.
5. Compliance 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.
6. Disclaimer The materials on the Company’s web site are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims any and all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, the Company does not warrant or make any guarantees or representation concerning the accuracy, likely results (particularly the sale of the real estate), or reliability of the use of the materials on its website or related materials. External links may be provided for your convenience, but they are beyond the control of the Company and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. The Company will undertake its best efforts to produce a quality final product, however the quality, style and format of the pictures provided to the Company by the Customer will have a significant impact on the quality of the final product produced.
7. Copyright and Trademark Infringement No part 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. You agree that you will be liable for any unauthorized use of our copyrights and trademarks, registered or unregistered.
8. Limitations 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.
9. Governing Law Use of this website shall in all respects be governed by the laws of the state of Minnesota, regardless of the laws that might be applicable under principles of conflicts of law. The venue of any action brought to enforce or relating to this service shall be brought exclusively in the District Court of Washington County, State of Minnesota or the United States District Court for the District of Minnesota.
11. Terms of Service and Return Policy Customer hereby acknowledges and agrees that the choice of the actual virtual décor elements, including but not limited to furnishings, accessories, color palette and placement, shall be at the sole discretion of the Company. Customer hereby acknowledges and agrees that the sale of Virtual Staging services is final.
12. Delivery Once the order is placed by Customer, standard Virtual Staging products shall be delivered electronically within 4 business days from the time of reception by the Company of the original photos and floorplan. Customer is entitled to one minor modification to the staged photos ; such modification shall be delivered electronically within 2 business days from the time of the request. Any special projects, including but not limited to architectural rendering services, virtual remodeling services or other digital services not available for purchase on this website, shall be quoted by the Company and shall be subject to the delivery time specified by the Company at the time of purchase.