Terms of Use

OPEN HOMES TERMS OF USE

 

Welcome to Open Homes! As storytellers, our photographers capture the essence of every property so buyers can actually picture themselves in the home. For the agent aspiring to grow their business, we make showcasing listings a seamless, economical and speedy process.

These Terms of Use govern your use of Open-Homes.com and Open.Homes, a website owned by Open Homes Photography, Inc. (“Open Homes Photography”, “Open Homes”, “OHP”, “Company”, “We”, “Our”), which includes our website, online platform and all related widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services.

 

Acceptance of Terms of Use

Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Accept,” in which case you may not use the Services. By accepting to the Terms of Use and creating an account, you represent and warrant that the information you include on the Website is accurate and that you have the capacity to enter into and abide by these terms and conditions.

 

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in these Terms of Use.

When we make any updates to these Terms of Use, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us, and the revised Terms of Use will become effective: (i) six (6) weeks after such notification, or (ii) when you opt-in or expressly agree to the Changes, whichever comes first. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Services after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

 

Description of the Services

Open-Homes.com provides an array of marketing services for selling your properties, including photography, website creation and management, 3D Matterport tours, floor plans, aerial photo/video, video tours, virtual staging services, print materials (brochures, flyers, postcards), and any special requests.

 

We may, from time to time, release new tools and resources through the Website, release new versions of our Website, or introduce other services and/or features for the Services. Any new services and features will be subject to these Terms of Use, as well as any additional terms of use that we may release for those specific services or features.

 

Your Open Homes Photography Account

Access to the Services are only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy.

When you first create an Open Homes Photography account, we ask for your name, email address, phone number, and whether you want to receive an onboarding call. The website will then prompt you to create a password.

All account information will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Company in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time through our Services, or you can contact us at www.open-homes.com/contact-us/.

 

Open Homes Photography Services 

Pursuant to the terms of this Agreement, including all of the specifications for the project that you provide through our website, we will provide the photography, 3D Matterport, videography, drafting, web services you specify to you and if applicable, your clients (“Homeowners”) and certain third parties as follows:

  • We will perform the Services you order within the time frame we specify. Services will be performed at our then-current rates, as posted on our website and as may be updated from time to time. Requests from you online order will all be considered a formal Service Request and we will confirm these requests via email to the email address assigned to your account.
  • We will host the final version of the 3D Matterport for six months at no additional cost from the date the 3D Matterport service was conducted. If Customer wishes to have the 3D Matterport hosted longer, Customer must request continued hosting one week from the email notification and must pay our then-current hosting fees.
  • We will host the final version of the video for one year at no additional cost from the date that the video service was conducted. We will host the final high resolution version of the video for 90 days at no cost, and this file can be downloaded at for free by the customer within this time at no cost. If Customer wishes to have the high resolution video hosted longer, Customer must request continued hosting one week from expiration and must pay our then-current hosting fees.
  • We will host the website for one year at no additional cost. If Customer wishes to have the website hosted longer, Customer must request continued hosting prior to the first anniversary of the domain registration and must pay our then-current hosting fees.
  • Subject to the terms of this Agreement, OHP will use commercially reasonable efforts to provide the Services and to comply with all applicable laws and regulations in fulfilling its obligations and providing Services under this Agreement and any additional orders.

 

Payment and Cancellation

You must pay for our services at the current rates at the time the order was placed. Our rates and cancellation fees are listed in our fee schedule.

We reserve the right to require you to pay in advance in full or to have enough prepaid Open Homes Photography credit to cover the contracted Services for each project. If you cancel the Services, we have the right to charge you for all or a portion of the Service price as follows:

  • In order to cancel Services without being charged, you must provide us with written notice of cancellation at support@openhomesphotography.com no later than 24 hours prior to the scheduled on-site portion of the Services. Otherwise, our cancellation policy applies.
  • Appointments that are cancelled or rescheduled within 24 hours of the appointment time are subject to a $150 cancellation fee.
  • Open Homes Photography allows customers to reschedule an appointment one-time at no charge. Additional rescheduling requests may incur a rescheduling fee of $50.
  • Our photographers and visual artists cannot wait longer than 25 minutes after the scheduled appointment time without prior notification. A cancellation fee will apply. If the Premises is not ready for on-site Services at the scheduled appointment time, we may charge for a Cancellation.
  • Domain names and any other 3rd party costs cannot be refunded.
  • If there are loose dogs or other animals on-site who appear to present any kind of danger to OHP personnel, OHP may cancel the Services and Customer will be responsible for a cancellation charge.
  • If any of Open Homes Photography’s sub contractors deem the property site to present of any danger to OHP personnel or sub contractors, OHP may cancel the Services and Customer will be responsible for a cancellation charge.
  • Travel charges of $50 per hour for properties over 40 miles outside service area may be applied at our discretion.
  • There are additional annual fees for Website hosting, domain renewal, Matterport Models, Matterport hosting, general archiving, and 3rd party infrastructure fees which can be quoted by contacting support@openhomesphotography.com.
  • There are additional Matterport Model (detached scans) fees of $50 per model for 3 months.
  • Matterport links are “live” for 3 months, then archived. They can be reactivated every 3 months for $75 or transferred to an account of your choosing at no charge.
  • OHP can require payment before confirming services, otherwise all invoices are net, and must be paid on the day of order completion.
  • Interest of 2% per day may be charged on past due accounts over thirty (30) Days. If any phase of this project is delayed for longer than fifteen (15) days, Open Homes Photography will bill for all work completed.

 

Turnaround Times

The turnaround times for our respective services are as follows:

 

  • Photos, website, 3D Matterport or virtual tours, Aerial photos, floor plans at 10am/11am, 1pm, and 3pm (properties under 5000sqft) Monday through Friday are guaranteed the morning following the appointment.
  • Photos, website, 3D Matterport, Aerial photos, floor plans after 5pm are available the afternoon following the photoshoot. Evening appointments on Friday are guaranteed on Monday morning.
  • Video and Aerial Video turnaround are available within 48 hours of service date/time. Appointments on Friday are guaranteed on Monday morning.
  • Any services performed on the weekend will be delivered on a following weekday.

If Open Homes Photography experiences issues with images, processing or turnaround time, OHP will contact you via email to notify you of expected delays or rescheduling prior to guaranteed time 

 

Customer and Homeowner Obligations

In order to get the best results from OHP Services, and to protect our personnel, Homeowner privacy and safety, Customer and Homeowner(s) agree to the following:

 

  • Customer and/or Homeowner will have pets, especially dogs, put away or removed from the Premises for the duration of the Services.
  • Customer and/or Homeowner will prepare the Premises by making it clean and tidy. Customer and Homeowner acknowledge that OHP personnel are not responsible for putting away or moving Homeowner’s belongings, and the Premises will be captured in “as-is” condition.
  • Customer and/or Homeowner will remove from view personally identifiable information or extremely valuable objects (such as diplomas, certificates, visible lists of passwords or phone numbers, credit cards, checkbooks, gift cards with visible barcodes or numbers, employee or personnel data, trade secret information or any other personal or confidential material). Customer and Homeowner understand and acknowledge that OHP photos are high definition and failure to remove these items could lead to identity theft, burglary, or other harm to Customer or Homeowner.

 

Customer and/or Homeowner must give us written instructions to take the OHP imagery off the internet. Unless we are instructed to take down photograph or 3D Matterport, we will leave them active indefinitely, however we have discretion to remove them if we are notified that the Premises has been sold.

Accuracy of Open Homes Photography Content

All content, including but not limited to photography, videography, virtual staging, and Matterport, on Open Homes Photography.com is for real estate marketing purposes only.  The content on the Website may be edited for distortion, color correction, weather, light exposure, straight and vertical lines, and the removal of chords, cars, or other objects.

Open Homes Photography does not guarantee the accuracy of any content posted on the website, and expressly disclaims any liability for reliance on any content on the Website by any real estate professional, buyer, seller, or any other third party using the Services.

 

DO NOT RELY ON THE ACCURACY OF VISUAL CONTENT ON OPEN HOMES PHOTOGRAPHY.COM WHEN MAKING PURCHASING DECISIONS.

 

Accuracy of Floor Plans and Property Measurements

Open Homes Photography does not guarantee the accuracy of floor plans, measurements or square footage listed on the Website.  The measurements and square footage are not exact and may not be accurate.

Open Homes expressly disclaims any liability for reliance on the measurements on the Website by any real estate professional, buyer, seller, or any other third party using the Services.  Buyers are to be held responsible for the accuracy of square footage, and as such should confirm with the sellers about the exact accurate measurements of any floor plan.

DO NOT RELY ON THE ACCURACY OF OPEN HOMES PHOTOGRAPHY’S FLOOR PLANS WHEN DETERMINING THE PRICE OF A PROPERTY OR MAKING DECISIONS REGARDING BUYING OR SELLING OF PROPERTIES.

  

Your Use of the Services

Subject to your strict compliance with these Terms of Use, the Company grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate Content, view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

(iii) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Open Homes Photography either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
  • any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user’s use and enjoyment of the Services; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that Open Homes Photography has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: www.open-homes.com/contact-us/

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of Open Homes Photography do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Open Homes Photography, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

  1. A description of the copyrighted work that you claim is being infringed;
  2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
  3. Your address, telephone number, and email address;
  4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
  5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
  6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Our designated copyright agent to receive such claims can be reached at www.open-homes.com/dmca-request/.

We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

 

Accessibility

ADA Legal Statement

Americans with Disabilities Act Statement

Open Homes Photography is committed to make our sites compliant with the American with Disabilities Act. We are updating our websites in an effort to ensure continuing compliance with these standards. Our goal is to make sure our website is accessible to all visitors.

If you are unable to access information on our site, use our online service, or need additional assistance, please email us at support@openhomesphotography.com

If you would like to speak with one of our representatives and need interpretation service, please contact us at 415.592.5187.

 

 

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

ALL CONTENT CREATED BY OPEN HOMES PHOTOGRAPHY IS FOR MARKETING PURPOSES ONLY.  WE DO NOT GUARANTEE THE ACCURACY OF ANY PHOTOGRAPHY, VIDEOGRAPHY, FLOOR PLANS, OR ANY OTHER CONTENT CREATED DURING THE COURSE OF SERVICES RENDERED.

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGHT NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;

(B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;

(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;

(E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;

(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.

(I) ANY PRODUCTS THAT ARE DAMAGED OR LOST IN TRANSIT.  REPLACEMENT PRODUCTS WILL NOT BE PROVIDED IF DELIVERY TRACKING SERVICES INDICATE THAT THE PACKAGE WAS DELIVERED.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

(i) any violation by you of these Terms of Use or

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

 

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with California privacy law. Users accessing the Website from outside the United States do so at their own risk. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

Changes to the Services, Accounts, and Pricing

The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, and/or any Services that we may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.

Termination

You may terminate this Agreement at any time by deleting your account and thereafter by ceasing to use the Services. If you terminate this Agreement you no longer have access to any of your account information, including any Content you sent or received.

The Company may suspend your access to the Services and/or terminate this Agreement at any time.

 

No Agency Relationship

These Terms of Use and your use of the Services do not create, and shall not be construed as creating, any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration.

 

Assignment to Third Parties

The Company may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company.

 

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

 

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Services and supersede any prior agreement between you and the Company. Any modifications to this Agreement must be made in writing.

 

Third Party Rights

These Terms of Use are not intended to give rights to anyone except you and the Company. This does not affect our right to transfer our rights or obligations to a third party.

 

Applicable Law and Jurisdiction

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

 

Disclosures

More information about Open Homes Photography is available by contacting www.openhomesphotography.com/contact-us

 

ACKNOWLEDGEMENT

BY USING OR REGISTERING WITH THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Last Updated: March, 2024

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