ThePhotoTour.com

High Quality Real Estate Photography Serving Western Washington

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Terms of Service

Welcome to the ThePhotoTour.com (the "Site"). These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site and any possible affiliated websites, so please read them carefully. ThePhotoTour.com site services are offered to you conditioned on your acceptance of this agreement without modification. Your use of the Site and our photography services constitutes your acceptance of the Site Terms.

We reserve the right to change or modify any of the Site Terms and the Site, at any time.  Your use of this Site and photography services constitutes your acceptance of the Terms.

"Only a Forum"

This Site and the services offered herein are provided solely as a forum and technical interface that connects homeowners with locally licensed real estate agents, other buyers, brokers and other house-related service providers. We do not provide any real estate, appraisal or house-related services, or perform any such services with this site. We do not sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site. You should use your independent judgment of the merits of any individual, entity or information that you find on or through this Site. While we may try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services through this Site is licensed, qualified, or capable of performing any such service.   Homes on this site may sometimes be represented soley by the seller, in the case of a home being "For Sale By Owner". 


Use of Site

For end users, the Site is only for your personal use, or for real estate agents and brokers this site is only to be used for displaying home photos of listings that you personally represent as a licensed real estate agent or homeowner.  You will not use the Site in any way that is unlawful, or harms ThePhotoTour.com and/or its suppliers and affiliates. ThePhotoTour.com prohibits to the maximum extent allowable by law the resale, redistribution, and use of the materials included on the Site for commercial purposes other than the specific home advertised, or in the case of an agent using the photos, they may only post them in their real estate advertising to promote their personal or group's real estate business.  Photos cannot be decompiled or used in other photos for any purpose.  All photos displayed on this site are the copyright of the respective photographer, and may not be copied, duplicated, or used in any way without the express written permission of the photographer and/or copyright holder of said images.  The only exception to this is that the photos may be posted on the MLS for that specific listing, and the real estate listing agent may use the photos on their real estate website and in print publications, etc to promote their business.  In the case that the home or property gets relisted in the future, only the original customer may use the photos to promote that home again, and subsequent relistings of that home by other agents are not permitted to use the photos unless mutually agreed upon permission and/or compensation is made between the original purchaser and the person(s) or agent(s) that are selling the home or acting as the agent, as well as between the new agent and/or seller and ThePhotoTour.com.  If the homeowner is the customer, the photos may be reused by as many real estate agents as they like, but the customer must notify ThePhotoTour.com of the agent's name and email address prior to the photos being used. 

The Site makes no warranty as to the condition, suitability, or future condition of any homes or properties photographed, and the seller and/or Real Estate agent are responsible for the content posted on this site.  The original Photographs may be retouched and/or altered during ThePhototour.com's developing to present the home in the most favorable light, and may or may not represent the actual condition of the home or property.  Potential Buyers are responsible for personally inspecting any properties featured on this site, and should not rely on any images, voice narration or text displayed on this site as their sole basis for purchasing a home or property advertised here.  
The site shall assume no responsibility for any aesthetic changes made to improve the appearance of any photograph, for the purposes of marketing any home or property. 

Use of and payment in full for ThePhotoTour.com's photography services allows the agent and/or homeowner a 10 year limited copyright usage license to post the photos, slideshow tours and 360 images on the mls and/or their real estate website (or any other website) while the home is listed, and that person or persons can use the photos in print publications, postcards, etc during the listing period.  The photographs may not be transferred, re-sold, or used commercially for any other purpose, except the original purchaser may authorize only the main exterior photo to be used by other agents to promote that specific listing, and must give notice to ThePhotoTour.com. Additional photos from that listing cannot be used by other agents without copyright permission being granted by ThePhotoTour.com, and license fees being paid by the user.  The main exterior photo cannot be used to promote similar model home listings unless specific copyright usage is requested and paid for.   Upon completion of the listing period, the photos may still be used by the original customer for their marketing purposes, but they cannot resell the photos or permit their usage by any other real estate agents or commercial entities without permission and compensation being made to ThePhotoTour.com.   The buyer and seller of the home may keep and use the photos for their own personal usage indefinitely, as long as they do not sell the images or use them for any commercial purposes.  

 

Your cancelled check and/or invoice copy (when paid in full) constitutes your limited & non-transferrable usage license as defined in these terms of service.

 

All photographs are copyrighted by ThePhotoTour.com, and cannot be used for any other purposes without permission.  Any agent, broker, or individual found using ThePhotoTour.com's photographs without permission and/or compensation being made shall be invoiced the original amount plus damages for the infringement, regardless of how many photographs are used, for each instance noted. (An instance is defined as each magazine, newspaper, real estate publication or any other print media, website, television, mailing, or reproduction whatsoever)

 

 

Payment for photography services is due upon completion of the photoshoot.  Non payment of photos as determined on a case by case basis will constitute an automatic revocation of the limited copyright usage, and further legal and / or collection action may be initiated.

 

If any photographs not taken by ThePhotoTour.com but supplied to ThePhotoTour.com for use in a slideshow tour on ThePhotoTour.com and/or the links are posted on the local mls, real estate website, or any other website, the person and/or persons hiring the site and providing the photos shall be considered the publisher, and that person or persons is/are soley responsible for their content and represent that they are either the copyright holder(s), or have explicit permission to post them online and on ThePhotoTour.com, and will take full responsibility for doing so and shall hold ThePhotoTour.com harmless from any possible claims, damages, or lawsuits arising from the use of any such photos for any reason, including alterations done for for cosmetic appearance improvement:

In the event that the agent or homeowner supplies photos to be displayed on this site, all persons submitting photos to this site are responsible for obtaining specific use rights for any customer supplied photos and/or logos to be used if they did not photograph the images, and ThePhotoTour.com will in no way be responsible for the submission of any copyrighted photographs or images that have not been cleared by the photographer, property owner, and/or company owning any copyright rights to any real estate image or company logo.  Such photographs posted on this site are for the use of the promotion of that home or property only, and ThePhotoTour.com receives no extra compensation for posting agent or homeowner supplied photos.  All materials are considered posted by the person or company submitting them, and they will be held soley liable for any use or misuse of any copyrighted images or logos.  By supplying any photos or images to the site, the customer implies that any and all useage rights have been obtained, and/or that they are the exclusive copyright holder. In the case of a Real Estate agent, broker or any other person representing the actual homeowner for the listing/advertising of any property, the customer working on behalf of the homeowner(s) agrees to inform them that their home will be displayed on the internet both here and on other sites, and anyone submitting a home for photo & listing information on this site agrees to obtain prior written permission to do so.  Agent and/or broker employing the services of this site will be responsible for any failure to fully notify the homeowners that this site will be advertising their home on the internet, and on other sites.  By employing the services of this site, the agent and/or broker gives the site permission to post their listing on this site and others as determined by us, to further increase the visibility of your listings.  The customer also agrees to hold ThePhotoTour.com and its agents harmless from any such failure to comply with homeowner notification requirements, and will take full responsibility for any failure to comply with this, or any section in these terms of service.  By using this site, the individual homeowner, real estate agent/broker or unlicensed company employee acting to hire the services of ThePhotoTour.com is responsible for complying with all state, federal, and local laws regarding any and all copyright laws with regards to any owner supplied photographs, images and logos, and will be solely responsible for any such posted content provided to the site.  ThePhotoTour.com shall be in no way responsible for the submissions of property photos made without the permission of the property owner(s), nor shall they be responsible for any incidental or consequential events that may be related to the posting of such information on the internet, or relayed through your local MLS.  The subscriber assumes any and all liability for such information being made publicly available, and is considered the publisher of such photos that are not taken by ThePhotoTour.com. 

Implied Photography Release and Usage Outline

It is also agreed that all images photographed by ThePhotoTour.com shall become the property of ThePhotoTour.com, and they will own all copyrights to said images.  These images can be used by ThePhotoTour.com for future promotional photography, and/or any other commercial purposes without restriction or compensation whatsoever.  The original Real Estate agent(s) and/or homeowners employing the photography services of ThePhotoTour.com may use our images for their own personal and Real Estate related uses including marketing.  Photos taken by the site cannot be resold or used for any other commercial purposes by any sole proprietor, person, company, corporation, customer, homeowner or real estate agent, including but not limited to television, print, website or any other visual media.   The photos are non transferable, and may not be used by anyone other than the original customer soley for the promotion of their listing without express written permission, either by email or letter, but the photos may be printed for personal use only.  Alteration and/or editing photos for derivative works or usage is not permitted.


Responsibility for Your Conduct

You are solely liable for your conduct or any information that you upload or transmit to this Site. You may not provide false or misleading information to this Site or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your posted photographs and/or information to the Site if you provide false or misleading information or submit any information under false pretenses to this Site, and/or ThePhotoTour.com, or fail to make payment as agreed.  

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this Site, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimer

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. ThePhotoTour.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE SITE. 

ThePhotoTour.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ThePhotoTour.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, ThePhotoTour.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  It is the subscriber's responsibility to proofread and advise ThePhotoTour.com of any errors with regards to any information and/or photos posted to this site. 

Limitation of Liability

IN NO EVENT WILL ThePhotoTour.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.   THE SITE IS TO BE EXCLUSIVELY USED TO ATTRACT BUYERS' ATTENTION, AND SHOULD IN NO WAY BE USED TO MAKE ANY DECISIONS AS TO THE SUITABILITY, CONDITION OR ANY OTHER DECISION MAKING WITH REGARDS TO THE PURCHASE OF ANY HOME OR PROPERTY.  In the unlikely event that our service provider's servers are unable to display your photos, tours & content for any reason beyond our control, we shall make the best effort to restore your service as soon as possible, but cannot guarantee a time, nor shall any refunds be issued, unless the loss of service is due to errors and/or omissions on the part of the site operator. 
 

Applicable Law and Venue

These terms and conditions are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms

If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights to use the photos or digital images. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.  The Site Terms and all documents relating thereto are to be drawn up in English.

Aerial Photography Services

For aerial photography services, our service is limited by weather, pilot & aircraft availability, photographer availability, and FAA regulations.  Some areas cannot be photographed, especially if they are in an area that restricts private aircraft from flying, such as homes that are in close proximity to a major airport, military installations, etc.  ThePhotoTour.com makes NO warranty that their services will always be available, and may refund the standard cost of aerial photography services from any package if such services cannot be delivered, at our discretion. 

General Service Terms

Our services must be scheduled in advance, and are subject to availability.  ThePhotoTour.com makes no guarantee that our services will be available on any given day, but we will make every effort to serve you at our soonest possible opening, and will always do our best to provide you with fast, affordable, friendly & reliable service.  In the event of rain or severe weather, exterior photos shall be limited to a single exterior shot, and no outdoor 360 degree photos can be taken under such conditions.  A reshoot will need to be scheduled for those exterior images already contracted, for an additional charge.  Call for quote.  All types of interior shots can be taken in any weather condition.  Homes should be staged and ready for photos.   Homeowners should be fully informed of such services being scheduled.

Unless prior agreement is made, your tours should be assembled and online within 36 hours of the shoot time.  We will always work to post your tours as soon as possible, and in most cases your tour will be online much sooner than that but it is not guaranteed unless a rush order is placed and extra rush fees are agreed upon. We post our tours in the order they were scheduled, shot, and paid for.  You can normally expect standard photo tours to be online in around 24 hours.  The site will not be liable for any direct, indirect, or consequential damages arising from any unforseen delays.  Aerial Photography is limited by weather, pilot & aircraft availability, and FAA regulations.  If any service is later deemed unable to be performed, a full refund will be made. 

You should make sure the home is staged to look its best, and prepared for photos well in advance of your appointment day.  If you need help in finding a good staging service, contact us and we can help. 

Payment is normally expected at or before the time that services are rendered.  Acceptable payment methods include Credit Card payments invoiced through email, Check, or Cash.  A $40.00 NSF fee shall be applied to any returned checks, and payment shall be promptly remitted upon such notice.