Terms and Conditions
www.3DStagers.com
Effective date: 1st December 2022
1.
Introduction
Welcome to www.3DStagers.com
(“Site” or “Website”).
This website is
owned and operated by 3D Stagers LLC from the State of Texas, USA. Throughout
the Site, the terms “we”, “us”, “platform”, “3D Stagers” and “our” refer to 3D
Stagers LLC. We offer this website, including all information, tools, and
services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies, and notices stated here.
By visiting our
site and/or when purchasing something from us, you (“User” or “Customer”)
engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms and
Conditions apply to all users of the site, including without limitation
users who are browsers, users, customers and/ or contributors of content.
BY CREATING
AN ACCOUNT, PLACING AN ORDER, OR WHEN UTILIZING OUR SERVICES, YOU ACKNOWLEDGE AND
ACCEPT THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS & CONDITIONS, DISCLAIMERS
AND ANY OF THE POLICIES (INCLUDING BUT NOT LIMITED TO PRIVACY POLICY AND
COPYRIGHTS NOTICE) POSTED BY 3D STAGERS LLC AND YOU AGREE TO BE BOUND BY THEM.
IT IS ESSENTIAL THAT YOU CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE
USING THE SERVICES.
2.
3D Stagers – General
Information
·
About. 3D Stagers provides a range of services including,
but not limited to, virtual staging, architectural rendering, and virtual
renovation. Virtual staging involves the use of computer-generated 3D
technology to add virtual furniture and decor to photographs of unoccupied
properties, in order to assist potential buyers in envisioning the property
with various design elements. It serves as a means of highlighting the
potential of a property or displaying different design options for a space. For
further information regarding the scope of our services, please consult our
website.
·
Sole discretion. We reserve the right to add/discontinue
any product or service anytime at our sole discretion.
3.
Eligibility
3D Stagers is
strictly limited to parties who can lawfully enter into and form contracts on
the Internet. If you are under age
18, you may only use the Services with the consent of your parent or legal
guardian. Please be sure your parent or legal guardian has reviewed and
discussed these Terms with you.
4.
Orders
All orders are digital
in nature and are subject to acceptance and availability. Once you have placed
your order on the Site, you will receive an email acknowledging the details of
your order. This email is not an acceptance of your order. We may also refuse
to process and therefore accept a transaction for any reason or refuse service
to anyone at any time at our sole discretion. We will not be liable to you or
any third party because of our withdrawing any product from the Site or
refusing to process a transaction or unwinding or suspending any transaction
after processing has begun. The customer is responsible for checking on their
order status through website customer portal.
5.
Photo Copyrights/Ownership
5.1 By placing an order
and uploading your photographs, you represent and warrant that you have the
legal right and authority to use and edit the photographs, or have obtained all
necessary permissions, licenses, and rights to do so.
5.2 Edited photos
delivered by 3D Stagers to the Customer; The customer shall be deemed the owner of the edited
photos provided by 3D stagers, and shall have the right to use such photos for
any lawful purpose. 3D stagers shall retain the right to use the images for
promotional purposes.
6.
Payment
Our Site accepts
all major payment methods which include:
·
Visa (credit and debit cards)
·
MasterCard (credit and debit cards)
·
PayPal
·
American Express
·
Any other payment method displayed on our Site.
We reserve the
right to add or change our payment methods at sole discretion anytime.
7.
Pricing Policy
Prices shown on
the Site are in US Dollars. Sometimes we need to make changes to the price of
some of our products. When this happens, we’ll update the prices on our
website. If you had placed your order for a product before the price change,
the price will be as stated on our website at the time when you had placed your
order.
8.
Turnaround time, revision,
and refund policy
Please refer to
our turnaround time, revision, and refund policy page for more information on
this section.
9. Permitted Use
You agree to
use the Site and the Services only for purposes that are permitted by these Terms
and in compliance with all applicable laws, regulations, and generally accepted
practices or guidelines in the relevant jurisdictions. You may only use the
Site and Services for your non-commercial, non-exclusive, non-assignable,
non-transferable, and limited personal use, and no other purposes.
You will not
(and will not attempt to):
- Access any of the Services by any
means other than through the interface that is provided by 3D Stagers;
- Gain unauthorised access to 3D
Stagers’s computer system or engage in any activity that interferes with
the performance of, or impairs the functionality or security of the Site,
the Services, 3D Stagers’s networks, and computer systems;
- Access any of the Site or the
Services through any automated means or with any automated features or
devices (including use of scripts or web crawlers);
- Access or collect any personally
identifiable information, including any names, email addresses or other
such information for any purpose, including, without limitation,
commercial purposes;
- Reproduce, duplicate, copy, sell,
trade, or resell any aspect of the Site or the Services for any purpose;
and
- Reproduce, duplicate, copy, sell,
trade or resell any products or services bearing any trademark, service
mark, trade name, logo or service mark owned by 3D Stagers in a way that
is likely or intended to confuse the owner or authorized user of such
marks, names or logos.
10. Discount Codes
We may provide
promotional codes offering a discount on our product. Promotional codes cannot
be used on past purchases. Promotional codes are non-transferable and there is
no cash alternative. Furthermore, they cannot be used in conjunction with any
other promotional code or offers and must be used by the date published, if
any. Only one promo code can be used at checkout. We reserve the right at any
time without notice to retract and/or change the terms of promotional codes.
11. Limited License
and Site Access; Acceptable Use
You may not:
(a) resell or make any commercial use of this Site or any of the contents of
this Site; (b) modify, adapt, translate, reverse engineer, decompile,
disassemble or convert any of the contents of this Site not intended to be so
read; (c) copy, imitate, mirror, reproduce, distribute, publish, download,
display, perform, post or transmit any of the contents of this Site in any form
or by any means; or (d) use any data mining, bots, spiders, automated tools or
similar data gathering and extraction methods on the contents of the Site or to
collect any information from the Site or any other user of the Site.
You use this
Site at your own risk. You agree that you will be personally responsible for
your use of this Site and all of your communication and activity on this Site.
If we determine, in our sole discretion, that you engaged in prohibited
activities, were not respectful of other users, or otherwise violated the Terms
and Conditions, we may deny you access to this Site on a temporary or permanent
basis and any decision to do so is final.
12. Accounts,
Registrations, and Passwords
If you use this
Site and such use requires setting up an account and/or password(s), you are
solely responsible for maintaining the confidentiality of your account and
password(s) and for restricting access to your computer. If you open an
account, register, or otherwise provide us with any information, you agree to
provide us with current, complete, and accurate information as requested by any
forms. 3D Stagers is not responsible for any errors or delays in responding to
any inquiry or request caused by any outdated or incorrect information provided
by you or any technical problems beyond the control of 3D Stagers. You
acknowledge and agree that any login, identifier, or password issued in
connection with this Site (each a “Password”) is confidential
information and must be kept secure. You may not disclose such a Password to
another person or entity or permit another entity to access the Site using such
a Password. You must notify 3D Stagers immediately of any breach of security or
unauthorized use of your account. 3D Stagers cannot be responsible and
disclaims all liability in connection with, the use of any information that you
post or display on this Site.
13. Intellectual
Property Rights
Your use of the
Site and its contents grants no rights to you concerning any copyright,
designs, and trademarks and all other intellectual property and material rights
mentioned, displayed, or relating to the Content (defined below) on the Site.
All Content, including third party trademarks, designs, and related
intellectual property rights mentioned or displayed on this Site, are protected
by national intellectual property and other laws. Any unauthorized
reproduction, redistribution or other use of the Content is prohibited and may
result in civil and criminal penalties. You may use the Content only with our
prior written and express authorization. To inquire about obtaining
authorization to use the Content, please contact us at [email protected]
In addition to
the intellectual property rights mentioned above, “Content” is
defined as any graphics, photographs, including all image rights, sounds,
music, video, audio, or text on the Site.
14. Monitoring
Activity
3D Stagers has
no obligation to monitor this Site or any portion thereof. However, we reserve
the right to review any posted content and remove, delete, redact or otherwise
modify such content, in our sole discretion, at any time and from time to time,
without notice or further obligation to you. 3D Stagers has no obligation to
display or post any content. 3D Stagers, subject to the Privacy Policy reserves
the right to disclose, at any time and from time to time, any information or
posted the content that it deems necessary or appropriate, including without
limitation to satisfy any applicable, law, regulation, contractual obligation,
legal, dispute process, or governmental request.
15. Digital
Millennium Copyright Act
3D Stagers
expects all users to respect the intellectual property rights of others. 3D
Stagers may remove material that appears in its sole discretion to infringe
upon the intellectual property rights of others and we will terminate the
access rights of any repeat infringer. If you are a copyright owner or an agent
thereof and believe that any Content infringes upon your copyrights, you may
notify us at [email protected]. The notification must include the
following information: physical or electronic signature of the owner or
authorized agent of the owner of the allegedly infringed work; identification
of the allegedly infringed work; identification of the material that is claimed
to be infringing and reasonably sufficient information for 3D Stagers to locate
the material; contact information of the notifying party, such as an address,
telephone number, and email; a statement that the notifying party has a good
faith belief that the use of the material in the manner complained of is not
authorized by the owner of the allegedly infringed work, its agent or the law;
and a statement, under penalty of perjury that the information in the
notification is accurate and the notifying party is the owner or authorized
agent of the allegedly infringed work.
16. Disclaimer
TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 3D STAGERS EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A)
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO
THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS
CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE
PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS
OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED
ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
17. Limitation of
Liability
You agree that
in no event shall 3D Stagers be liable to you, or any third party, for any lost
profits, incidental, consequential, punitive, special, or indirect damages
arising out of or in connection with the Site or the Terms and Conditions, even
if advised as to the possibility of such damages, regardless of whether the
claim for such damages is based in contract, tort, strict liability or
otherwise. This limitation on liability includes, but is not limited to, any
(i) errors, mistakes, or inaccuracies in any Content or for any loss or damage
of any kind incurred by you as a result of your use of or reliance on the
Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like
which may infect your equipment, failure of mechanical or electronic equipment;
(iii) unauthorized access to or use of the Site or 3D Stagers’ secure servers
and/or any personal information and/or financial information stored therein; or
(iv) theft, operator errors, strikes or other labor problems or any force
majeure.
18.
Indemnification
You agree to
indemnify and hold 3D Stagers and its subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from and against any suit, action,
claim, demand, penalty or loss, including reasonable attorneys’ fees, made by
or resulting from any third party due to or arising out of your use of the
Site, breach of the Terms and Conditions or the materials it incorporates by
reference, or your violation of any law, regulation, order or other legal
mandates, or the rights of a third party.
19. Dispute
Resolution & Governing Laws
In the event of
a dispute arising out of or in connection with these terms or any contract
between you and us, then you agree to attempt to settle the dispute by engaging
in good faith with us in a process of mediation before commencing arbitration
or litigation.
These Terms and
Conditions shall be governed by and construed in accordance with the laws of Texas,
USA, and you hereby submit to the exclusive jurisdiction of the courts in Texas,
USA, where 3D Stagers is based in
20. Children
If you use or
engage with the website and are under 18 years of age, you must have your
parent’s or legal guardian’s permission to do so. By using or engaging with the website, you
also acknowledge and agree that you are permitted by your jurisdiction’s
applicable law to use and/or engage with the website.
21.
Data Responsibility
Before
providing Customer Data through or to the Platform, Customer and End Users, and
not 3D Stagers, are entirely responsible for all Customer Data, issuing all
applicable notifications, and getting all necessary consents (including all
necessary rights from intellectual property holders). Data that is not their
own or for which they do not have the required permissions to submit, upload,
email, transmit, or otherwise make accessible using the Platform shall not be
submitted, uploaded, sent, or otherwise made available by Customer or End Users
over the Platform.
22.
Independent Contractors.
This Agreement
only creates an independent contractor relationship between 3D Stagers and
Customer. Without the express prior written approval of the other party,
neither party is in any manner the partner or agent of the other, nor is either
party authorized or authorised to establish or assume any implicit or express
obligation on the other party’s behalf.
23. Changes
We reserve the
right to update and revise these Terms and Conditions at any time. You will
know if these Terms and Conditions have been revised since your last visit to
the website by referring to the “Effective Date of Current Policy”
date at the top of this page. Your use of our Site constitutes your acceptance
of these Terms and Conditions as amended or revised by us from time to time,
and you should, therefore, review these Terms and Conditions regularly.
24. Electronic
Communications
When you visit
the Site or send us e-mails, you are communicating with us electronically. In
so doing, you consent to receive communications from us electronically. You
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communication is in writing.
25. Severability
If any of these
Terms and Conditions shall be deemed invalid, void, or for any reason
unenforceable, that term shall be deemed severable and shall not affect the
validity and enforceability of any remaining terms or conditions.
26. Assignment
We shall be
permitted to assign, transfer, or subcontract our rights and obligations under
these terms without your consent or any notice to you. You shall not be
permitted to assign, transfer, or subcontract any of your rights and
obligations under this agreement.
27. Force Majeure
3D Stagers is
not liable for any delays caused by circumstances beyond 3D Stagers’s control,
e.g. general labor dispute, extreme weather, acts of war, fire, lightning,
terrorist attacks, changed governmental orders, technical problems, defects in
power- /tele-/computer communications or other communication and defects or
delays in the service by sub-suppliers due to circumstances set forth above.
28. Entire Agreement
These Terms and
Conditions set forth the entire understanding and agreement between you and 3D
Stagers concerning the subject matter herein and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written concerning the Site. A printed version of these Terms and Conditions
and any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Any
rights not expressly granted herein are reserved. You may not assign the Terms
and Conditions, or assign, transfer or sublicense your rights therein. A
failure to act concerning a breach by you or others does not waive 3D Stagers’s
right to act concerning subsequent or similar breaches.
29. Term and
Termination
This agreement
becomes effective the date that you first access the Site and remains effective
until it is terminated consistent with its terms. Violations of this agreement
may result in the immediate termination of this agreement and denials or
terminations of your access to the Site. Such restrictions may be temporary or
permanent. Upon termination, your right to use this Site shall be revoked. All
disclaimers, limitations of liability, indemnities, and rights of ownership and
licenses to 3D Stagers shall survive any termination.
30. Contact Us
For any
questions, complaints, and queries or to report any violations, kindly send an
email on [email protected]