Updated: August 24, 2024
These Terms of Use – Sellers Addendum (“Agreement”) apply to real estate owners, agents,
brokers, landlords, property managers, entities, and individuals that, either themselves or through
a third-party individual or computer software, submit data, images, list properties for rent or sale,
or otherwise seek buyers, renters or tenants through the Listing 3D Site (“you,” “your,” or
“Seller”). All Users of the Listing 3D Inc. Site, including Sellers, are subject to the Listing 3D Inc. Terms of Use (“Terms of Use”). Terms defined in the Terms of Use uniformly
apply to this Agreement. In the event of conflict between the Terms of Use and this Agreement,
the terms of this Agreement shall control.
THIS AGREEMENT, INCLUDING THE LISTING 3D TERMS OF USE AND LISTING 3D PRIVACY POLICY, GOVERN YOUR USE OF THE LISTING 3D SITE.
BY USING OR SUBSCRIBING TO LISTING 3D SERVICES, YOU ACCEPT AND
AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU
ARE PROHIBITED FROM ACCESSING THE SITE AND MUST IMMEDIATELY
DISCONTINUE SUCH ACCESS AND CEASE USING OUR SERVICES.
SERVICES
Listing 3D provides an online platform which allows Buyers searching for real estate to view
and inspect property listings virtually. Listing 3D provides a virtual toolkit designed to
efficiently and effectively capture property walk-throughs which includes virtual tours, video
marketing, 3D flyers and interactive landing pages to showcase property listings. Listing 3D
services are collectively referenced herein as the “Services”.
Listings. Sellers may post virtual tours, data, images, details, and descriptions about
properties
they own or are responsible for (“Listing”). Listings are subject to the following rules and
restrictions:
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All Content regarding Listings must comply with and is subject to the Terms of Use.
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Sellers may not include marketing information, including, without limitation, your name,
company name, logo, phone number and/or email address on listing photos or in virtual
walkthroughs, whether as text, a watermark, or otherwise. You may not display a business
name in your profile other than the official business or team name under which you
formally provide services to clients (if applicable).
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Listings that do not include a complete set of data, including without limitation, photos,
listing description, and essential property facts, as determined by Listing 3D in its sole
discretion, will not be accepted.
REQUIRED INFORMATION
Sellers must provide their: legal name and/or legal business entity name, personal or business
contact information, applicable license number and social security or taxpayer identification
number(s), if requested (“Seller Information”). Listing 3D may collect and maintain Seller
Information, as well as your account information and the amount of payments and number of
payment transactions you or your business processes through the Site, so that your payments can
be reported to the Internal Revenue Service when required by law.
MEMBERSHIP
Your Listing 3D membership, which within sole discretion of Listing 3D may start with a
free trial, will continue month-to-month unless and until you cancel your membership or we
terminate it. You must have Internet access and provide us with a current, valid, accepted method
of payment (as such may be updated from time to time, "Payment Method") to use the Site. We
will bill the monthly membership fee to your Payment Method. You must cancel your membership
as provided herein in order to avoid billing of the next month's membership fees to your Payment
Method. Please review the Termination of Services section of our Terms of Use for more
information.
We offer various membership plans, including special promotional plans or memberships with
differing conditions and limitations. Any materially different terms from those described in this
Agreement will be disclosed at initial registration or in other communications made available to
you. We reserve the right to modify, terminate, or otherwise amend our offered membership plans.
Free Trials. Your Listing 3D membership may start with a free trial. Free trials may not be
combined with any other offers. Free trials are for new members only. Listing 3D reserves the
right, in its absolute discretion, to determine your free trial eligibility. Your Payment Method must
be provided before you are eligible for a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free
trial period, if applicable, unless you cancel your membership. Specific details of your membership
are available by accessing your account. We may authorize your Payment Method through various
methods, including authorizing it up to approximately one month of service as soon as you register.
In some instances, your available balance or credit limit may be reduced to reflect the authorization
during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion
of your membership has begun. We will continue to bill your Payment Method on a monthly basis
for your membership fee until you cancel.
Billing. By starting your Listing 3D membership, you authorize us to charge to your Payment
Method a monthly membership fee at the then current rate and any other charges you may incur in
connection with your use of the Site. The membership fee for our service will be billed at the
beginning of the paying portion of your membership and each month thereafter unless and until
you cancel your membership. We automatically bill your Payment Method each month on the
calendar day corresponding to the commencement of your paying membership. Membership fees
are fully earned upon payment. We reserve the right to change the timing of our billing, in
particular, as indicated below, if your Payment Method has not successfully settled. In the event your
paying membership began on a day not contained in a given month, we may bill your Payment
Method on a day in the applicable month or such other day as we deem appropriate. For example,
if you started your Listing 3D membership or became a paying member on January 31st, your
next payment date is likely to be February 28th, and your Payment Method would be billed on that
date. Your renewal date may change due to changes in your Membership. We may authorize your
Payment Method in anticipation of membership or service-related charges. As used in this
Agreement, "billing" shall indicate a charge, debit, or other payment clearance, as applicable,
against your Payment Method. Unless otherwise stated differently, month or monthly refers to
your billing cycle.
Price Changes. We reserve the right to adjust pricing for our Service or any components thereof
in any manner and at any time as we may determine in our sole and absolute discretion. Except as
otherwise expressly provided for in our Terms of Use, any price changes to your service will take
effect following notice to you.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR
CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will
continue to have access to the service through the end of your current billing period. At any time,
and for any reason, we may provide a refund, discount, or other consideration to some or all of our
members ("Credits"). The amount and form of Credits, and the decision to provide them, are at
our sole and absolute discretion. The provision of Credits in one instance does not entitle you to
Credits in the future for similar instances, nor does it obligate us to provide Credits in the future,
under any circumstance.
Payment Methods. You may edit your Payment Method information through your account on our
Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise,
and you do not edit your Payment Method information or cancel your account, you remain
responsible for any uncollected amounts and authorize us to continue billing the Payment Method,
as it may be updated. This may result in a change to your payment billing dates. For certain
Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee
or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your membership at any time. To cancel, go to your account page
on our website and follow the instructions for cancellation.
PROMOTIONS
WPromotional codes may be redeemed on our Site. Promotional codes can only be used once and
cannot be redeemed for cash, resold, or combined with any other offers, including a free trial. If
you received a promotion code through an offer by a third party, additional restrictions may apply.
PRIVACY
Personal Information is subject to our Privacy Policy, the terms of which are hereby incorporated
by reference to this Agreement. Please review our Privacy Policy to understand our practices.
Sellers are responsible for ensuring the security of their username and password. If at any time you
have knowledge of compromised security of your access credentials, IMMEDIATELY contact us by email. You
may NOT share passwords or login credentials with anyone for any reason. Access
is strictly one username login for one Seller.
SELLER REPRESENTATIONS
By using the Site to list property, in addition to your representations, Seller Information or Content
as a User, you represent and warrant that: (a) any property you post to the Site is eligible to be
listed using the Site; (b) you own or have the right to advertise the property you are listing; (c) to
the best of your knowledge and due diligence, the price and on any other terms specified in your
listing are complete, accurate, and not misleading; (d) you will not list more than one property in
a single listing on the Site, either by including descriptions of multiple units in one Listing or by
subsequently updating the listing information to advertise different properties or units; (e) upon
leasing or otherwise taking your property off the market, you will within 72 hours delete the Listing
for that property; (f) you will not use the Site to advertise or promote anything, including, without
limitation, any product, service, or business, other than the unique property offered; and (g) photos
you upload to the Site will only show the property listed and shall not include, under any
circumstances, people, animals, trademarked items, religious symbols, or other objects or features
not part of the property or property community.
Liquidated Damages. $50,000 Per Listing. Violations of these Seller Representations or terms
specified above harm the integrity, functionality, and reputation of Listing 3D’s business and
detract from Users’ and our customers’ trust in and use of the Site. Accordingly, you acknowledge
and agree that Listing 3D incurs actual damages, which are extremely difficult and/or
impossible to quantify, as a result of any violation of these Seller Representations. You agree that
it is fair and reasonable for Listing 3D, as its option, to recover liquidated damages for past
violations in the amount specified below, which represents a reasonable estimate of the actual
damages incurred for each such violation you commit and to seek and obtain injunctive relief to
prevent future violations. You agree that monetary damages alone would not provide a sufficient
remedy to Listing 3D for violations of these Seller Representations, and you consent to
injunctive or other equitable relief for such violations without the requirement that Listing 3D
post a bond. You agree specifically that the availability of liquidated damages does not impact Listing 3D’s right to obtain injunctive relief. You further acknowledge and agree that the
imposition of liquidated damages for each such violation of the Terms is independent and distinct,
and that the assessment of total liquidated damages for multiple violations of the Terms is
cumulative. You agree to pay $50,000 per Listing on the Site that violates these Seller
Representations.
DISPUTE RESOLUTION
You and Listing 3D agree that any dispute, claim or controversy arising out of or relating in
any way to the Listing 3D Site or any Listing 3D services, our Terms of Use, this
Agreement and this Dispute Resolution provision, shall be determined by binding arbitration or in
small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject
to very limited review by courts. Arbitrators can award the same damages and relief that a court
can award. By agreeing to this Agreement, you agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and Listing 3D are each
waiving the right to a trial by jury or to participate in a class action. This arbitration provision
shall
survive termination of this Agreement and the termination of your Listing 3D membership.
If you elect to seek arbitration or file a small claim court action, you must first send to Listing 3D, by certified mail, a written Notice of your claim ("Notice"). The Notice to Listing 3D must be addressed to: Listing 3D Inc., 3399A Shore Parkway Brooklyn NY 11235. If Listing 3D initiates arbitration, it will send a written Notice to the email
address used for your membership account. A Notice, whether sent by you or by Listing 3D,
must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief
sought ("Demand"). If Listing 3D and you do not reach an agreement to resolve the claim
within 30 days after the Notice is received, you or Listing 3D may commence an arbitration
proceeding or file a claim in small claims court. You may download or copy a form Notice and a
form to initiate arbitration at
www.adr.org. You will be responsible for
filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the
AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-
800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this
Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and
enforceability of this arbitration agreement. Unless Listing 3D and you agree otherwise, any
arbitration hearings will take place in New York county in the state of New York.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will
be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic
hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US
$10,000, the right to a hearing and the payment of all filing, administration and arbitrator fees will
be determined by the AAA Rules.
YOU AND Listing 3D AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Listing 3D agree otherwise, the arbitrator may
not consolidate more than one person's claims with your claims, and may not otherwise preside
over any form of a representative or class proceeding. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party's individual claim.
MISCELLANEOUS
This Agreement may be changed at any time and you will be notified of any such changes by an
updated posting of the new Agreement on this page of the Site or otherwise. Your continued use
of the Site after the posting of any amended Agreement shall constitute your agreement to be bound
by any such changes. Listing 3D may modify, suspend, discontinue, or restrict the use of any
portion of the Site without notice or liability. Any dispute, claim, or controversy, including but not
limited to those asserting statutory claims under federal or state law, arising out of or relating to
this Agreement; the breach, termination, enforcement, interpretation, or validity of this Agreement;
or any use of Listing 3D or the Site, are governed by the state of New York, without regard to
its conflict of laws principles. You hereby agree that any cause of action you may have with respect
to the Site must be exclusively filed in the federal or state courts located in New York state, within
one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal
jurisdiction in the federal and state courts of New York, and waive any objection based on forum
non conveniens. As a condition of using this Site, you agree that all causes of action arising out of
or connected with this Site shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum
extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will
continue in full force and effect so long as the essential terms of this Agreement remain. Failure
by Listing 3D to enforce any provision of this Agreement shall not be deemed a waiver of
future enforcement of that or any other provision of this Agreement. These and any other terms
and conditions or policies applying to your use of the Site constitute the entire agreement between
the parties regarding the subject matter hereof. Nothing contained herein shall be construed as
creating a partnership, joint venture or agency relationship or granting a franchise between the
parties. Notwithstanding anything to the contrary herein, except the Terms of Use, if you and Listing 3D have entered into a separate written contract, the terms and conditions of such contract
shall control with respect to any term that is inconsistent with this Agreement. IF YOU DO NOT
AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS,
PLEASE EXIT THE SERVICE IMMEDIATELY AND CEASE USING THE SERVICES.