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1. Acceptance
a. ​Terms. These Terms and Conditions (the “Terms”) govern your use of www.stavorephotography.com (the “Site”). Stavo Real Estate Photography specialize in residential real estate photography. These Terms have a force of a legally binding agreement, even if you are simply browsing without intention of contacting us or registering an account. The term "us," "we" or "our" refers to the owners and operators of this Site. The term "you" refers to the viewer of the Site. On occasion we modify these Terms. We don’t notify users on every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Site after said date, that constitutes your agreement to the updates.
b. Third Parties. The Site may contain references to third party websites and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the Site. We shall not be liable for user submissions or any third party content on the Site.
3. Photo Shoots & Payments
a Scheduling - We will shoot the property “as is,” in whatever condition we find it at the time of the shoot. If you order a photo shoot, it is your responsibility to provide access to the property and ensure it is adequately prepared. We are not responsible if weather conditions prevent the property from looking its best in photos or if the property itself is not prepared for the shoot. However, if you feel as if the weather isn't adequate for the shoot then we can reschedule free of charge.
b. Reshooting - Stavo Real Estate Photography will work closely with the Client to correct the issues with the media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Stavo Real Estate Photography, there will be a return/re-shoot fee of $50 (plus travel fee if necessary) plus $10 per additional photo requested and will be charged to the Client, unless it is the direct responsibility of the Photographer wherein there will be no charge (i.e. missing specific shot requested prior to shoot, unusable photo due to lack of quality, etc.)
c. Cancellation - You can cancel a shoot by notifying us at least 24 hours prior to the appointment. Appointments canceled less than 24 hours before are subject to a $35.00 cancellation fee which will be charged to the credit card on file. No fee will be charged for cancellations by you or us due to severe weather conditions that may present a danger to personnel or equipment.
d. Refund Policy. We offer a money-back guarantee for purchases made on our Site. If you’re unsatisfied with the services you received and do not intend to use the photography or media produced, you are able to request reimbursement within 5 calendar days of your purchase. By doing so, you release your right to use any provided media. If you have any additional questions or would like to request a refund, feel free to contact us. We will not issue a refund in case the property sells after we take the photos but before we deliver them to customer.
e. Payment - All payments made on our website will be processed using Stripe. We will not perform a photo shoot until you provide valid payment information to be kept on file. Payment is expected on final checkout when purchasing our services. Total amount may include additional charges for cancellation, rescheduling and additional services ordered. We will keep your information secure and won’t share it. We reserve the right to change prices at any time.
f. Travel Surcharge - There is no travel fee for properties located within 30 miles of I-10/410 highway intersection. Properties outside of these areas are subject to a travel surcharge starting at $20 depending on your location.
4. Aerial/Drone Services
a. All drone services are regulated by the FAA (Federal Aviation Administration) must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial/Drone services can be done. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. Eclipse Real Estate Photography will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. Stavo Real Estate Photography holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Stavo Real Estate Photography offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind or weather will be fully refunded or removed from final invoice.
5. Copyright & Ownership
Stavo Real Estate Photography (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created.
a. By ordering a photo shoot, you purchase a limited short-term license to use the photos for anything related to the current sale of the property. This license and rights granted expire when the property is sold. This license is personal to you and cannot be transferred to others without our express prior written permission. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. Contact us to inquire about purchasing additional rights. Photos will be uploaded to publicly accessible pages of our Site and we’ll email you a link to them. Please make sure you provided a correct email address because we cannot be held responsible for non-receipt of the link sent to the wrong email address you provided.
6. Intellectural Property
a. Our Intellectual Property. We own all intellectual property ownership rights in our Site, media, photos, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. Our Site content cannot be copied for republication without our express prior written consent.
b. Your Submissions. If you upload any content to the public areas of our Site, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
c. Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Site and we will investigate.
7. Users Obligations
By Visiting Our Site, You Represent And Agree That:
a. You are 18 years of age or older. You have a full capacity to enter into a legally binding agreement, such as these Terms.
b. If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
c. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
d. If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
e. You will ask for our permission before copying anything from our Site for republication.
f. You will not use our Site for anything illegal.
g. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
h. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Site.
8. Client Expectations
a. Clients are expected to have the property cleaned and staged prior to the photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. Eclipse Real Estate Photography is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of Eclipse Real Estate Photography, we will help with light staging, cleaning, or de-cluttering.
Please check out our "Home Checklist" to help with a list of things to do around the house to be photo ready.
9. Disclaimer of Warranty; Limitations Of Liability
a. EVERYTHING WE PROVIDE ON THIS SITE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
b. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10. General
a Communications - You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
b. Relationship Of The Parties - You and us are in an independent contractor relationship with respect to to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
c. Hyperlinks - Linking to our Site is allowed, however, it must always be done in a way that dos not adversely affect our business or implies some form of association when there is none.
d. Severability - If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
e. Assignment - We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
f. Waiver - Our failure to exercise any of our rights under theses Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
g. Prevailing Language - If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
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