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Terms of service

Real Estate Media Hero, LLC, a North Carolina Limited Liability Company (“Company") offers this website and software platform (“Platform”) that helps real estate photographers take and fulfill orders. For the purposes of these Terms of Service (“Terms”), “Photographer” refers to a real estate photographer using the Platform to offer and fulfill photography services, and “Agent” refers to a real estate agent using the Platform to order and receive photography services. Photographers, Agents, and anyone else who accesses Company platform may collectively be referred to as "Users".

 

Your use of this Platform constitutes your agreement to all associated Terms. By using the Platform, you represent that you are lawfully able to enter into contracts. Please read the following Terms carefully and keep a copy for your records.

 

  1. PLATFORM OVERVIEW

The Platform facilitates the interaction between Photographers and Agents for real estate photography services. It provides tools for Photographers to manage their business and for Agents to place orders and receive completed work. The Platform facilitates this relationship by providing tools for Photographers to offer their services and for Agents to order these services. Photographers are responsible for fulfilling the orders placed by Agents through the Platform. While the Platform primarily focuses on real estate photography, it may also accommodate other related photography services. Users should be aware that additional photography services beyond traditional real estate photography may be offered and utilized through the Platform.

 

  1. USER TYPES AND PLATFORM INTERACTION
    1. Photographers: Photographers have the most involvement with the Platform. Photographers can: (i) Create and customize an account; (ii) Create services, packages, and storefronts for their customers; (iii) Integrate their calendar; (iv) Enter their office location; (v) Enter their employee information; (vi) Provide contact information; (vii) Receive and manage orders, including seller’s information; and (viii) Upload and deliver completed photography work.

  1. Agents: Agents have a more limited interaction with the Platform. Agents can: (i) Use the Photographer’s website or a provided link to access the Platform; (ii) Access an order form to select services, schedule the Photographer, and place orders; and (iii) Access a downloads page where they can pay for, and download completed images. In the future, Agents may be able to create their own accounts on the Platform.

 

  1. ACCOUNT CREATION AND MANAGEMENT

Users (currently Photographers, and Agents if/when account creation becomes available to them) may create an account to use the Platform. Users must be at least 18 years old to create their own account. For Users between 13 and 18 years old, a parent or legal guardian must create and manage the account on their behalf, and will be responsible for all activities associated with the account. Users must provide accurate, current, and complete information during the registration process and keep this information updated. Users (or parents/guardians managing accounts for users between 13 and 18) are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account, even if such activities are not authorized by the account holder. This responsibility includes any access by third parties. Users must immediately notify Company of any unauthorized use or security breach. Company reserves the right to suspend or terminate accounts at its sole discretion. Users are prohibited from transferring their accounts to any other person or entity.

  1. ORDER PROCESS
    1. Placing Orders: Agents will use the Photographer’s website or provided link to access the order form. They can select services, schedule the Photographer, and place the order.

  1. Order Fulfillment: Photographers will receive the order and the order information, including the seller’s information. They are responsible for fulfilling the order as specified.

  1. Delivery and Payment: After the order is fulfilled, the completed photos will be uploaded and delivered to the Agent. The Agent will then pay and download the images through the provided link.

  1. PHOTOGRAPHER PAYMENT
    1. Photographer Fees: Photographers will be charged $5 by Company for each order that is marked as complete on the Platform.

  1. Billing Cycle: Company will bill Photographers once a month for all completed orders during that period.

  1. Non-Payment: Failure to pay invoices may result in suspension or termination of the Photographer’s account.

  1. Modifications: Company reserves the right to modify these payment terms at any time. Any changes will be communicated to the effected Users.

  1. INTELLECTUAL PROPERTY
    1. Company’s Intellectual Property: Company retains all right, title, and interest in and to the Platform, including all related intellectual property rights. This includes, but is not limited to, the software, user interface designs, architecture, modifications, enhancements, updates, and documentation. Users are strictly prohibited from modifying, creating derivative works, decompiling, reverse engineering, disassembling, or otherwise attempting to derive source code from the Platform. Company grants Users a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely for its intended purposes as outlined in these Terms. This license may be revoked at any time at Company’s sole discretion. No rights or licenses are granted to the Users except as expressly set forth herein.

  1. Photographer’s Intellectual Property: Photographers retain all ownership rights to their creative works and photographs uploaded to or created through the Platform. By uploading or creating photographs or other creative works (“Photographer's Content") on the Platform, Photographers grant Company an irrevocable, worldwide, royalty-free license to use, reproduce, distribute, and display such works solely for marketing and promotional purposes related to the Platform. This includes, but is not limited to, sharing Photographer's Content on any third-party platforms, such as social media or other marketing channels. Photographers represent and warrant that they either own all rights to Photographer's Content or have obtained all necessary licenses and permissions to use Photographer's Content for the purposes described in these Terms, including the right to grant the license to Company. Photographers agree to indemnify Company for any breach of the representations and warranties in this section, as per the Indemnification Section of these Terms.

  1. Licensing to Agents: Agents and Photographers may freely contract licensing terms at their discretion. Company is not responsible for negotiating, enforcing, or resolving any issues arising from intellectual property disputes between Photographer and Agent. Company explicitly disclaims any liability or responsibility for issues arising from Photographers and Agents failing to agree upon or misunderstanding their licensing terms.

 

  1. Company's Rights: Company reserves the right to remove any content that it believes, in its sole discretion, may infringe upon the intellectual property rights of others. In the event of any third-party claim that the Platform or User’s use of it infringes upon any intellectual property right, Company, in its sole discretion, may modify the Platform to be non-infringing, obtain a license for continued use, or terminate these Terms and the license granted hereunder.

 

  1. DMCA Compliance: Company respects the intellectual property rights of others and expects Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Company maintains a policy to terminate account holders or subscribers who are repeat infringers of copyright under appropriate circumstances. Company reserves the right to terminate accounts of Users who have been the subject of multiple valid DMCA takedown notices.

 

Our designated copyright agent for notice of alleged copyright infringement can be reached at:

 

ATTN: DMCA Real Estate Media Hero LLC

P.O. Box 7045

Greensboro, NC 27417

336-252-8967

Jonathan@realestatemediahero.com

 

This Section 6 shall survive the termination of these Terms.

  1. TERMINATION

Company may terminate your access to the Platform or Account at any time for any reason in Company’s discretion, including but not limited to any breach of these Terms or your negligence. If you are a Photographer or Agent with an active contract through the Company’s platform at the time of termination, and the termination is not due to a breach of these Terms or your negligence, Company will make reasonable efforts to assist with the completion of your active contracts, limited to services the Platform would typically provide under normal circumstances. This assistance may include maintaining necessary communication channels or access to relevant information on the Platform to facilitate the completion of the contract. Company will not, however, assume any responsibilities beyond the scope of the Platform’s normal functions. Company reserves the right to determine, in its sole discretion, whether a violation of the Terms has occurred and what actions to take in response.

 

  1. NON-CIRCUMVENTION

Users agree not to circumvent or bypass the Platform for any photography services related to a specific project initiated through the Platform. Photographers and Agents must not enter into direct agreements outside the Platform for the same project or encourage others to do so.

 

 

 

 

  1. PRIVACY POLICY

Your use of Website is subject to Company's Privacy Policy. Please review Company's Privacy Policy, which also governs the Platform and informs Users of data collection practices: www.realestatemediahero.com/privacy.

 

  1. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that Company provides electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

 

  1. LINKS TO THIRD PARTY SITES

The Platform may contain links to other websites (“Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company.

 

  1. USE OF COMMUNICATION SERVICES

The Platform may provide various tools for communication between Photographers, Agents, and any other Users (“Communication Services”). These services are to be used solely for purposes related to photography orders and services. When using Communication Services, Users agree to: (i) Communicate professionally and respectfully; (ii) Not share personal information unrelated to the photography services; (iii) Not distribute any content that is unlawful, offensive, or infringes on intellectual property rights; (iv) Not use the services for advertising or solicitation unrelated to the photography services offered through the Platform. Company reserves the right to review and remove any communications at its discretion. While Company does not actively monitor all communications, it may disclose information if required by law or to protect the rights of Users or the public. Users are advised to exercise caution when sharing personal information. Company is not responsible for the content of communications between Users and disclaims liability for any actions resulting from these communications.

 

  1. PHOTOGRAPHER AND AGENT CONTRACT

Upon placement of an order through the Platform, a binding contract is formed between the Photographer and the Agent. The Photographer agrees to perform the agreed-upon photography services and upload completed images to the Platform. The Agent agrees to pay for the services and download the completed images upon completion of the services. The Photographer and Agent may separately agree to additional terms between themselves in writing. Company is not responsible for any disputes arising between the Photographer and Agent. While Company may, at its sole discretion, assist in resolving disputes, it is not obligated to do so if the dispute does not directly relate to Company’s obligations under these Terms. Any disputes between Photographer and Agent must be resolved directly between the parties. Both Photographer and Agent agree to indemnify and hold Company harmless from any claims, damages, or losses arising from their disputes. This provision shall survive the termination of these Terms.

 

  1. WARRANTY
    1. THE PLATFORM AND ALL SERVICES PROVIDED BY COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
      (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (III) REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM.

 

  1. COMPANY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR: (I) TO PHOTOGRAPHERS: ANY FAILURE OF AGENTS TO PAY FOR SERVICES, PERFORM THEIR OBLIGATIONS, OR ANY MISUSE OF PHOTOGRAPHER’S CONTENT BY AGENTS OR ANY THIRD PARTIES; (II) TO AGENTS: THE PERFORMANCE, CONDUCT, OR ACTIONS OF PHOTOGRAPHERS, INCLUDING BUT NOT LIMITED TO THE QUALITY OF PHOTOGRAPHY SERVICES, TIMELINESS OF DELIVERY, OR ANY OTHER ASPECT OF THE PHOTOGRAPHER’S SERVICES. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PHOTOGRAPHER, AGENT, PRODUCT, OR SERVICE. ANY RELIANCE ON ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THIS SECTION 14 SHALL SURVIVE THE TERMINATION OF THESE TERMS.

 

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, employees, directors, and agents from and against any third-party claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your breach of these Terms; or (ii) your negligence or willful misconduct. Your liability under this indemnification shall be limited to the proportion of fault attributable to you. This indemnification obligation will survive the termination of these Terms and your use of the Platform.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO COMPANY, IF ANY. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE FOREGOING LIMITATIONS DO NOT APPLY TO LOSSES OR DAMAGES RESULTING FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

Any dispute arising from these Terms or your use of the platform will be resolved through litigation in the state or federal courts located in North Carolina, unless applicable law requires that you be allowed to bring an action in your state of residence. The prevailing party is entitled to recover its reasonable attorneys’ fees and costs as determined by the court, unless prohibited by applicable law. This clause doesn’t prevent either party from seeking injunctive relief to which they may be entitled to under these Terms and/or applicable law.

 

  1. SEVERABILITY

If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.

 

  1. ENTIRE AGREEMENT AND UPDATES

These Terms constitute the entire agreement between you and Company regarding your use of the Platform. Company reserves the right, in its sole discretion, to modify or replace these Terms at any time. Company will make reasonable efforts to notify Users of any significant changes to these Terms. For Photographers with active accounts, Company will send an email notification for significant updates that directly impact them. The most current version of the Terms will supersede all previous versions. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of such changes. Company encourages you to review the Terms periodically for any updates or changes.

CONTACT US

Company welcomes your questions or comments:

 

Real Estate Media Hero, LLC

P.O. Box 7045
Greensboro, NC 27417
Jonathan@RealEstateMediaHero.com

336-252-8967

 

Effective as of: November 4, 2024