The following User Agreement Terms and Conditions (the “Terms”) form a binding agreement between you and Photoport™, LLC (“HD Estates”) and govern your use of the Photoport™ website (the “Site”) and any information, products and services presently offered or accessed through the Site or which may be offered in the future (the “Services”).
By accessing and using the Site or the Services, including Services found in any password protected area of the Site, and/or by clicking on the box marked “I Accept”, you acknowledge that you have read, understood, and agree to be bound by the Terms herein and any changes to the Terms that Photoport™ may publish from time to time. If You Do Not Agree To All Of The Terms, You May Not Use This Site Or The Services Offered Therein. Photoport™ may make changes to the Site, the Services, or the Terms at any time and without notice to you. You can review the most current version of the Terms on the Site. Please note that the Site may contain references or cross references to Photoport™ Services that are not available in every state or country. If you breach any of the Terms herein, your authorization to use the Site and the Services is rescinded, you must immediately cease all use of the same and this Agreement may be terminated.
Unless you are a Member, the Services present on the non-password protected areas of the Site are for your personal use only. You may not download, copy, reproduce, modify, transfer, distribute, transmit, display, perform, publish, license, create derivative works from, sell, or offer for sale any Services obtained from the Site, or use these Services for any commercial purpose. In addition, you may not use any data mining, robots, or similar data gathering methods in connection with the Site. You may not enter the password-protected areas of the Site without a current username and password issued by Photoport™.
Photoport™ Privacy Statement is available on the Site. All terms and notices present therein are incorporated in this Agreement by reference, and by accessing the Site and/or using the Service, you acknowledge that you have read the Privacy Statement and agree to and are on notice of the terms and statements therein. Members.
A “Member” has paid for access to features and Services available through the password-protected area of the Site (Member Area). Subscriptions are available to Real Estate Agents and Brokers only. A “Real Estate Agent” or “Real Estate Broker” is a licensed professional who renders advice and assistance in listing, selling, or leasing real property. By accessing or applying for access to the Subscription Areas of the Site, you represent and warrant that you are a Real Estate Agent or Real Estate Broker in good standing and eligible under these Terms to become a Member. Registration Data.
In registering as a Member, you agree to provide and maintain the accuracy of all requested registration information. In addition, you agree to maintain the confidentiality of all User Name and Password information and to notify Photoport™ immediately upon learning of unauthorized use of the Site or Services. Memberships are Personal to the Member. Memberships are personal to the individual Member, not to the Member's business or firm. Members may use the Services as part of their service to their clients only and may not make the Services available to other persons or entities, including other Real Estate Agents or Real Estate Brokers whether or not working in the same firm. All Memberships Are Non-Transferable. User Names and Passwords.
Access to and use of password-protected or Membership Areas of the Site is restricted to authorized users only. You may not share your User Name, Password, account information, or access to the Site. If you are issued a User Name and Password, you agree to keep such information safe and confidential, not to allow anyone else to use your Username and Password even temporarily, and to be fully responsible for all activities that occur under your Username and Password. You further agree to notify Photoport™ immediately of any unauthorized use of your Username or Password. HD Estates reserves the right to revoke or suspend any User Name and Password, without refund, if it has reason to believe that a violation of these Terms has occurred.
The Services offered by Photoport™ includes preparation and posting of property images, video footage, and/or content for limited access and use by you as a Member (“HD Imaging Services”). To request the HD Imaging Services, you must complete and submit the Order Form in the Membership Area of the Site. Photoport™ will only be required to process and complete Services when a completed Order Form is actually received. If desired, Members can designate specific features of the subject property to emphasize in the images, video footage, and/or content, however, Photoport™ and/or its contractors will have the final say on what elements of the property are captured and how the images, video footage, and/or content of the same are processed and edited.
Upon completing an order for HD Imaging Services, you, as a Member, recognize that HD Estates will immediately begin spending time and effort processing your order and thereby incurring non-recoverable costs. Therefore, you agree to remit payment for the full amount of the ordered Services whether or not you actually use the Services.
Upon receipt of payment by a Member for the HD Imaging Services, the Member is granted a limited, revocable, license to use the images, video footage, and/or content posted to that Member's account for the sole purpose of marketing the subject property for sale or lease. The term of the Member's license is limited to the duration of the subject property's current listing. If the property listing is terminated for any reason (including without limitation, sale of the property, removal of the listing, or leasing of the property), the license granted herein is automatically terminated. Extensions or modification to the limited license or re-licensing of the images, video footage, and/or content in connection with a re-listing of the property for sale or lease shall be subject to a separate agreement and payment of additional consideration.
Members may access and use the Membership Areas and Services only upon receipt of payment for the Services by Photoport™. To continue your access to and use of any Membership Areas of this Site, you must make all payments by the date they are due and comply with these Terms, the terms of any Subscription Agreement required by Photoport™, and all other notices contained on this Site. Pricing is subject to change without notice, and this Site may not reflect the current pricing.
As a Member, you represent and warrant that when you order Services from Photoport™ that you have obtained the proper and necessary permission from the owner of the property to be filmed and/or photographed by which to provide Photoport™ with complete access to the property at the dates and times requested by Photoport™. Should you not have appropriate authorization for Photoport™ to perform the requested Services, you may be still be required to make payment for the Services in addition to any other remedy set forth in these Terms including without limitation the right to indemnification and defense.
Photoport™ is not a staging company. Upon ordering HD Imaging Services you represent and warrant that the subject property will be in the exact condition you wish it to appear in the images, video footage, and/or content ordered. If Photoport™ or its contractors are unable to immediately begin taking property images upon arrival at the property, you may be assessed additional charges for any delay.
As a Member, you represent and warrant that you will accept all images, video footage, and/or content delivered by Photoport™ “as is”. If you require additional editing or modification of the property images, video footage, and/or content, Photoport™ reserves the right to include additional editing fees at its current hourly rates.
Photoport™ owns all images, video footage, and/or content taken or created by its employees, agents, or contractors. Photoport™ images, video footage, and/or content are protected by United States copyright law and may not be reproduced in any form not authorized herein without the express written consent of Photoport™.
Services performed pursuant to this Agreement, content contained in this Site, and material produced pursuant to the Services, as well as their/its arrangement, trade dress, and associated trademarks, are the property of Photoport™ and protected or may be protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights (“Intellectual Property Rights”). Therefore, any unauthorized use of any Services, images, content, trade dress, and trademarks may violate these and other laws. The trademarks of HD Estates™ include, but are not limited to: Photoport™. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this Site without the express written permission of Photoport™.
Photoport™ Provides This Site And The Services Contained Therein “As Is” Without Warranties Of Any Kind Including Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement Of Intellectual Property.
The Services or content provided to you by Photoport™ through this Site is dependent on a number of sources and factors beyond the control of HD Estates™. Websites are subject to occasional downtime for any number of reasons. Therefore, Photoport™ does not warrant that the Site will be available 100 percent of the time. Photoport™ disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) any errors in or omissions from this Site or the Services; (b) any third-party websites or content therein directly or indirectly accessed through hot links in this Site; (c) any inaccurate or incomplete fee schedules; (d) any other inaccurate or incomplete data or information provided to you by Photoport™ regardless of form; (e) the unavailability of the Site, Services, or any portion thereof for any reason; (f) or your use of any equipment or software in connection with the Site.
In No Event Will Photoport™ Or Its Principles, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From This Site Or Any Use Of This Site, Inability To Use This Site, Or Any Site Or Resource Linked To Or Referenced In This Site, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not Photoport™. Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.
The Services provided by Photoport™ include access to, filming, and image capture of homes and real property owned or controlled by third-parties. HD Estates is not responsible for property damage of any kind incurred by a Member, homeowner, property management company, or any other party providing access to a home or real property for the purposes of rendering the Services. A Member, by ordering the Services, agrees that:
In No Event Will Photoport™ Or Its Principles, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From The Services, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not HD Estates™. Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.
You agree to indemnify and hold Photoport™ and its principles, partners, officers, directors, shareholders, managers, members, employees, affiliates, agents, and contractors harmless from any claim or demand made by any third-party arising out of your use or misuse of the Site, any Services you order from Photoport™, or any Services provided through the Site, whether or not such use violates these Terms.
You may provide hot links to this Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) you give Photoport™ notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to this Site within 24-hours if so notified by Photoport™.
By accessing this Site, you agree that all matters relating to your access to, or use of this Site and/or the Services shall be governed by the laws of the State of Washington, and that you consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. In the unlikely event of a dispute between HD Estates™ and you relating to this Agreement or the Services rendered pursuant thereto, you agree that, at the written request of any Party, the dispute will be submitted for arbitration by one arbitrator in Seattle, Washington under the then existing Commercial Rules of the American Arbitration Association. The party substantially prevailing at any subsequent proceeding (including without limitation, trial, appellate, and arbitration proceedings) will be entitled to recover all related costs and expenses, including attorney's fees. Despite this arbitration provision, requests for injunctive relief may be made in any court of competent jurisdiction.
Photoport™ may suspend or terminate a Membership at any time with or without notice. In addition, Photoport™ may change the nature of the Site and/or Services at any time with or without notice.
Photoport™ photography is sold “as is” and no warranties are expressed or implied. Photoport™ will not issue full or partial refunds or exchanges for any of its imaging services rendered. Entire Agreement, Severability.
These Terms and Conditions incorporate by reference any notices contained on the Site and constitute the entire agreement with respect to your access to and use of this Site and Services. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
If You Do Not Agree or If These Terms And Conditions Are Not Acceptable In Full, You Must Immediately Terminate Your Use Of This Site And/Or The Services.