Your Agreement with 154 Photography
Welcome to the web site of 154 Photography a wholly owned brand of 154 Photography, LLC , a premier professional real estate photography service. The following terms of use apply to your use of this web site and any photos produced for internet usage. When you retain our services, you accept these conditions. Please read them carefully before you share and distribute photos produced. The following terms of use constitute a legal agreement between you (“Client) and 154 Photography LLC DBA 154 Photography. Please read all of the following terms of use. By using 154 Photography, you indicate your acceptance of these terms of use. If you do not agree to be bound by these terms of use, please exit the web site.
Usage rights of photos
Client has the exclusive right of use of photos for the purpose of MLS listing and thereafter for marketing purposes only. Clients can use photos for listing and marketing of their brand. Client may use the photos for the marketing of their real estate agency, brokerage, and or team.
Limitations of use
Client may not use the images for mass advertising in magazines without consent and/or image credit as determined by 154 Photography. Client may not distribute and or sell the images to any third parties such as stagers, interior designers, builders, contractors, or construction companies. Client may not file copyright for the images under their name. Shall a third party would like to use or purchase the rights to the images please contact
[email protected]COPYRIGHT
Any real estate or interior photography owned is by 154 Photography. The content of this web site, including without limitation, the graphics, design, and look and feel are owned by 154 Photography and are protected by the United States copyright laws. All photographs in this gallery are subject to copyrights of 154 Photography and are protected by the Copyright Law of the United States. Reproduction, storage or transmittal by any means, of any image on this web site, whole or in part, is prohibited without express prior written permission.
Photo Archive Limits
Your photos produced by 154 Photography will be hosting for a period of ONE YEAR from the time of its production.
Use of Photographs
You can purchase the photographs featured on this web site. If you decide to purchase a photograph, you may not reproduce, display, transmit, distribute or otherwise exploit the picture, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of 154 Photography. Photographs are intended for your life of listing use and thereafter for marketing for the Real Estate Agent and the Real Estate Agent Company. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. In addition, photos are allowed to be submitted for virtual staging through a third party.
Disclaimers
The photographs are provided “as is”. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose. Floor plan illustration is an approximation of existing structures and features and is provided for convenience only with the permission of the seller. All measurements are approximate and not guaranteed to be exact or to scale. Agent/Homeowner/Buyer should confirm measurements using their own sources
While 154 Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs or floor plans nor can 154 Photography ensure that all persons depicted in the photographs (“events”) have consented to the display of their image on this web site. If your photograph appears on this web site without your consent and you wish to have it removed, please contact us via email at
[email protected]. In addition, 154 Photography is unable to make representations or warranties as to the functionality of this web site, whether it is free of errors, and whether the server hosting the web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk.
In no event shall the site’s or company’s owners, its employees, subsidiaries, affiliates, and representatives, be responsible or liable for any damages of any kind including but not limited to lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.
You agree that the site and the company’s party’s maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such a photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.
Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by 154 Photography, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold 154 Photography, its subsidiaries, affiliates, licensors, and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.
Other Terms
This agreement shall be governed by the laws of the State of Texas without giving effect to any principles of conflicts of law. 154 Photography reserves the right to make changes to this web site, this agreement, and the other information contained in this web site at any time and without notice. Please refer to these terms of use when you visit the site as they may change from time to time.
These Terms of Use constitute the entire agreement between you (“Client”) and 154 Photography with respect to the use of this site 154Photography’s services. 154 Photography’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
Liability Release
The Client forever and perpetually releases and discharges 154 Photography, its affiliates, licensors and their respective employees, agents, licensees, contractors, insurers, successors and assigns from any and all claims, demands or causes of action that the Client may have for libel, invasion of privacy or violation of publicity, infringement of copyright or trademark, or violation of any other intellectual property right or proprietary right arising out of or relating to 154 Photography exercise of the rights granted to it under this Release.
Cancellation Policy
In the event of a cancellation or reschedule prior to 48 hours’ notice, a fee will be charged as outlined below:
Cancellation or rescheduled – less than 24 hours’ notice from session scheduled time: $100.00
Cancellation or rescheduled – less than 48 hours’ notice from session scheduled time: $50.00
Return to Property Charges
In the event 154 Photography is required to return to the property for any reason there will be a $100 administrative charge plus any regular travel-related surcharge.
