Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Fotosold web site located at www.fotosold.com, and all associated sites linked to www.fotosold.com by Fotosold, its subsidiaries and affiliates, including Fotosold sites around the world (collectively, the "Site"). The Site is the property of Fotosold LLC. ("Fotosold") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Fotosold reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fotosold grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. FIRST AND FOREMOST
Please make sure the house is ready to be photographed by preparing according to the following link. If user/agent is not present FotoSold will shoot "as is" and will not take responsibility for clutter or unwanted items in the picture. If user/agent is present the user/agent may reserve the right to cancel on scene if these guidelines have not been followed and a $75 late cancellation fee will apply. https://fotosold.com/beprepared
2. WEATHER AND HAZARDOUS CONDITIONS
One (1) pole shot is always included in all packages. However in the case of high winds, thunderstorms or other hazardous conditions, the photographer reserves the right to determine if proceeding with the shoot is possible. Fotosold will call one (1) hour ahead to discuss current weather conditions and if negative weather could impact the photoshoot. It is at the client's discretion to determine whether to reschedule or accept the risk that the photo shoot may result in certain undesired images or have other products missing. In the case the photographer needs to return in order to finish the assignment, the client will be responsible for the additional expense.
3. SAFETY
In the case that Fotosold's photographers feel unsafe or threatened in any way while on site, the photographer has the right to leave the scene immediately regardless of progress. An on spot cancellation fee of $75 may apply to clients account and Fotosold reserves the right to deny rescheduling.
4. ELECTRONIC COMMUNICATIONS
When you use Fotosold’s service, send e-mails, text messages and any other form of communication from your desktop or mobile device to us, you are communicating with us electronically. You then consent to receive communications from us electronically. Fotosold will communicate with you in a variety of ways, such as e-mail, text or by posting notices and messages on Facebook and other forms of social media. Client agrees to allow Fotosold to display Fotosold products, property information and agent information on certain Fotosold owned websites. Fotosold is under no obligation to do so, but may choose to do so at Fotosold’s own discretion. Client accepts that all agreements, notices, disclosures and other forms of communication that Fotosold provides satisfies any legal requirement as though it is in writing.
5. RISK OF LOSS
All services purchased from Fotosold are made pursuant to an email contract as entered in the ordering process. This means that the risk of loss or a delay in delivery will occur if you haven’t entered your contact information correctly.
Fotosold will keep the ordered material on file for up to 12 months after the date of the shoot. In the unlikely event images should be missing from the clients account prior to this date, Fotosold will determine if a replacement on Fotosold's expense will be necessary.
6. DELIVERY
FotoSold delivers all edit images to your personal FotoSold account within 24 hours after the photo shoot has finished. FotoSold guarantees 98% of all DAY SHOOTS to be delivered within 24 hours to client's personal FotoSold account. In rare situations such as server issues, the delivery may exceed the 24 hour guarantee.
7. CANCELLATION POLICY
We ask for a 5 hour notice prior to appointment time to cancel or re-schedule. Please go online at least 5 hours prior to the photoshoot to cancel your appointment to avoid any cancellation charges.
A late cancellation charge of $75 will apply to your account in the event of a cancellation later than 5 hours before the appointment time.
8. COPYRIGHT
FotoSold owns the copyrights of all FotoSold products.
All FotoSold products displayed on the Internet are the sole property of FotoSold.
Clients are allowed unlimited use of the products for their own marketing purposes (third party brochures, magazines, flyers, websites, etc.).
Clients may NOT resell or copy any of FotoSold’s products to a third party (another real estate agent or property owner). Any subsequent real estate agents or owners of the same property may not use FotoSold products.
Client’s broker/manager will be contacted and informed that client and brokererage is in violation of the FotoSold copyright policy through the use of the FotoSold’s products. The continued use of FotoSold’s products following in violation with FotoSold’s copyright infringement may result in legal action.
In the event legal action is necessary to prevent continued copyright infringement, client agrees to reimburse Fotosold for any and all expenses incurred including, but not limited to, reasonable attorney fees and other legal expenses that may accrue.
In the event legal action is necessary to collect to prevent continued copyright infringement, Client agrees to reimburse Fotosold for any and all expenses incurred including, but not limited to, reasonable attorney fees, other legal expenses, and court costs. V) Copyright
9. COMPLAINTS
In the event that you are unsatisfied with the delivered product please contact our office within 48 hours of receiving the product and FotoSold’s quality control center will revise the images and determined if the quality of the delivered product lives up to FotoSold’s standard.
10. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Fotosold, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Fotosold’s express prior written consent.
You may use information on Fotosold products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Fotosold for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
11. Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Fotosold reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fotosold server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fotosold, including any Fotosold account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fotosold’s systems or networks, or any systems or networks connected to the Site or to Fotosold.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fotosold on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fotosold or others.
12. Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of materials and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Fotosold’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Fotosold may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Fotosold makes no commitment to update the materials on the Site with respect to such products and services.
13. Accounts, Passwords and Security
Certain features or services offered on or through the Site require you to open an account (including setting up an Fotosold ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Fotosold immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Fotosold or any other user of or visitor to the Site due to someone else using your Fotosold ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Fotosold ID, password or account at any time without the express permission and consent of the holder of that Fotosold ID, password or account. Fotosold cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
14. PAYMENT
All products must be paid for within 7 (seven) days of the product being delivered to your account.
Payment can only be done by credit cards: Visa Card, Master Card, Discover Card and American Express.Payment must be received in order for you to view, use or publish images from FotoSold.
15. Your Authorization
You authorize all debit or credit card transactions on the www.fotosold.com site. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), or any other payment method we accept, or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer.
16. Chargebacks
In the event of a chargeback you owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed in the Fee Schedule or assessed by our Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies. You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. For Chargebacks associated with Cards, we will work with you to contest the Chargeback with the Network or issuing banks should you choose to contest the Chargeback. We will request necessary information from you to contest the Chargeback. Your failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 11 days of our request, may result in an irreversible Chargeback.
17. Our Fees
You agree to pay the applicable fees whenever you use our Service. We reserve the right to change our Fees at any time, including without limitation if we determine you are incurring excessive Chargebacks. All Balances and all fees, charges, and payments collected or paid through the Service are denominated in U.S. currency. All Fees are charged at the time we process a transaction.
18. Set-off and Collection Rights.
Without limiting our other rights, we may set-off or deduct any amount you owe us or our Affiliates from your Balance, any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us or our Affiliates, you will immediately pay us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.
19. Disclaimers
Fotosold does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. the site and its content are delivered on an "as-is" and "as-available" basis. all information provided on the site is subject to change without notice. Fotosold cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Fotosold disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Fotosold disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Fotosold services. you assume total responsibility for your use of the site and any linked sites. your sole remedy against Fotosold for dissatisfaction with the site or any content is to stop using the site or any such content. this limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Fotosold reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
20. Violation of These Terms of Use
Fotosold may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fotosold’s rights or property, or the rights or property of visitors to or users of the Site, including Fotosold’s customers. Fotosold reserves the right at all times to disclose any information that Fotosold deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fotosold also may disclose your information when Fotosold determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Fotosold may preserve any transmittal or communication by you with Fotosold through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Fotosold determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Fotosold, its employees, users of or visitors to the Site, and the public.
You agree that Fotosold may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fotosold, for which monetary damages would be inadequate, and you consent to Fotosold obtaining any injunctive or equitable relief that Fotosold deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fotosold may have at law or in equity.
You agree that Fotosold may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Fotosold does take any legal action against you as a result of your violation of these Terms of Use, Fotosold will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fotosold. You agree that Fotosold will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
21. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Illinois, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Fotosold and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
22. Pre-Payment Programs
When utilizing our credit pre-payment plan, please be advised that there are no refunds due to the substantial discount received at the commencement of services.
Services are rendered for the duration of the total credit amount.
23. Referral Program
The following terms and conditions govern your participation in the Fotosold Referral Program, which we’ll call Program here for short. The Program is run by us; Fotosold. The Participants referred to below are you (a Qualified User), and the person you’ve referred (a Referred User). To be eligible for a reward, you, as participants must agree to be bound by the rules described below.
Referred User:
Only a licensed real estate agent can qualify for this program. Only the person who creates the Referred Account is considered the Referred User, and there can only be one Referred User for each Referred Account created.
Referred Account:
a new Workable account created by a Referred User through a Qualified User’s unique referral link.
Qualified User: someone who meets all of the following conditions:
A licensed real estate agent.
Eligible Referral: A Referred Account qualifies as an Eligible Referral if all of the following conditions are met:
- The Referred Account is created on Fotosold.com by the Referred User through the Qualified User’s unique referral link.
- the Referred User does not have a Fotosold account.
- The Referred User was not referred to Fotosold at an earlier date by someone else.
- All payments will be credited to the Fotosold user account only when payment by the Referred user account to Fotosold was successfully processed.
- If user participate in special Fotosold payment programs the credit can only be used towords additional products.
- The credit earned can only be used towards Fotosold'd products and can't be transferred to any other account.
- The Referred User can’t have the same IP address as the Qualified User.
- The Referred User can’t have the same IP address as any other user of Fotosold (whether the user is a current or former user) at the time the Referred User signs up.
24. TRADEMARKS
FotoSold
PureView technology
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Image Package $135
Video $55