Terms & Conditions
Last Update: October 31, 2019
- PHOTO SHOOTS, REFUNDS & OWNERSHIP
- INTELLECTUAL PROPERTY
- USERS’ OBLIGATIONS
- BREACH OF THESE TERMS
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- Third Parties. The Site may contain references to third party websites and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the Site. We shall not be liable for user submissions or any third party content on the Site.
2. PHOTO SHOOTS, REFUNDS & OWNERSHIP
- Scheduling. We will shoot the property “as is,” in whatever condition we find it at the time of the shoot. If you order a photo shoot, it is your responsibility to provide access to the property and ensure it is adequately prepared. We are not responsible if weather conditions prevent the property from looking its best in photos or if the property itself is not prepared for the shoot. The photographer has no obligation to clean or decorate the property. If nobody is present at the property to communicate your photo preferences at the time of the shoot, then all photos will be at photographer’s discretion.
- Cancellation. You can cancel a shoot by notifying us at least 24 hours prior to the appointment. Appointments canceled less than 24 hours before are subject to a $35.00 cancellation fee which will be charged to the credit card on file. No fee will be charged for cancellations by you or us due to severe weather conditions that may present a danger to personnel or equipment.
- Payment. We will not perform a photo shoot until you provide valid payment information to be kept on file. Total amount may include additional charges for cancellation, rescheduling and additional services ordered. We will keep your information secure and won’t share it. We reserve the right to change prices at any time. You agree to reimburse us for expenses such as attorneys’ fees and other collection costs if we have to pursue legal action in order to recover amounts past due.
- Refund Policy. We offer a money-back guarantee for purchases made on our Site. If you’re unsatisfied with the services you received and do not intend to use the photography or media produced, you are able to request reimbursement within 5 calendar days of your purchase. By doing so, you release your right to use any provided media. If you have any additional questions or would like to request a refund, feel free to contact us. We will not issue a refund in case the property sells after we take the photos but before we deliver them to customer.
- Photo Ownership & Use We own all photos we capture. By ordering a photo shoot, you purchase a limited short-term license to use the photos for anything related to the current sale of the property. This license and rights granted expire when the property is sold. This license is personal to you and cannot be transferred to others without our express prior written permission. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. Contact us to inquire about purchasing additional rights. Photos will be uploaded to publicly accessible pages of our Site and we’ll email you a link to them. Please make sure you provided a correct email address because we cannot be held responsible for non-receipt of the link sent to the wrong email address you provided.
3. INTELLECTUAL PROPERTY
- Our Intellectual Property. We own all intellectual property ownership rights in our Site, media, photos, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. Our Site content cannot be copied for republication without our express prior written consent.
- Your Submissions. If you upload any content to the public areas of our Site, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
- Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Site and we will investigate.
4. USERS’ OBLIGATIONS
By visiting this Site, you represent and agree that:
- You are 18 years of age or older. You have a full capacity to enter into a legally binding agreement, such as these Terms.
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- You will ask for our permission before copying anything from our Site for republication.
- You will not use our Site for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Site.
- You will not impede the proper functioning of the Site.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
6. BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Site; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EVERYTHING WE PROVIDE ON THIS SITE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
- WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Minneapolis, MN. The arbitration shall be governed by the laws of the State of Minnesota. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Site, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Hyperlinks. Linking to our Site is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.