TERMS AND CONDITIONS/TERMS OF SERVICE By placing an order with ClearVue PHOTO service(s)/product(s), you (“Client”) agree to the following
Terms and Conditions:
To use this service you must be 18 years of age or older. ClearVue PHOTO has the right to refuse service to anyone for any reason at any time. ClearVue PHOTO has the right to update and/or change the Terms and Conditions without notice.
Usage of Rights/Copyright: All service(s)/product(s) and rights relating to them, including copyright and ownership rights in the media in which the products are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Products only for promotional or advertising purposes directly related to the sale of the Property. Products used for any purpose not directly related to the sale of the Property must be with the express permission of the Photographer and the payment of additional fees, unless otherwise agreed to in writing. ClearVue PHOTO is selling a limited use license. Client acknowledges and agrees that, as between ClearVue PHOTO and Client, ClearVue PHOTO owns the copyrights of all ClearVue PHOTO products. ClearVue PHOTO grants Client/Client’s broker a non-exclusive, non-transferable license to Product(s) delivered to Client for marketing purposes. ClearVue PHOTO reserves all licenses not specifically stated in these Terms and Conditions. The license is intended for use only during the property listing period. All Occupants/Agents: All occupants must be out of the property before the photographer arrives. One person (client or property owner) may meet the photographer at the property for access, or leave a key in a combo box (preferred). Entry instructions must be communicated when placing an order with ClearVue PHOTO. If changes need to be made regarding entry you may reach out via phone, email or text. Pricing: Service(s)/Product(s) prices are subject to change without notice. Room Measurements: Measurements are approximate and fairly exact but not State authorized. It is the responsibility of the buyer to verify the property’s measurements and square footage independently. Drone: Drone pilot(s) have the right to refuse flight under any unsafe conditions and or unlawful flying conditions. ClearVue PHOTO has the right to cancel drone/aerial orders at any time if the drone does not pass pre-flight inspection. Delivery: Product(s)/Media are digital and are delivered the following business day via email with a link directing you to the client dashboard. Some are delivered the same day. Videography is typically delivered 3-4 business days. Photographers may select delivery of photographs in JPEG, TIFF, PNG or other standard format, at a resolution that Photographer determines will be best suitable for the products. Image size: Images are delivered in small resolution form in order to meet the MLS compliance. Quality Control: All Service(s)/Product(s) pass inspection prior to delivery to the Client. We will correct all mistake(s) at no additional cost. ClearVue PHOTO will deliver the exact number of image(s)/product(s) that was ordered by the Client. Clients will NOT be able to pick and choose from a set of images. ClearVue PHOTO will decide which photo(s) are delivered as a final product. Cancellation: All cancellations must take place no later than 4 hours prior to the scheduled appointment. ClearVue PHOTO reserves the right to charge a $50 cancellation fee if it’s less than 4 hours notice. Reschedule or canceling in less than 4 hours will incur the fee. Rescheduling: Free of charge if it’s not within 4 hours of scheduled appointment. Weather Conditions: Extreme weather conditions/heavy rainfall may be subject to rescheduling at no additional charge to the client. Photographers will still shoot the interior of the property and may have to reschedule to photograph the exterior once the weather conditions improve at no additional cost. Blue Sky Guarantee: ClearVue PHOTO will still shoot on rainy, overcast days. All photos will be professionally edited with a blue-sky enhancement/replacement at no additional charge to the client. Payment: Whoever places the order with ClearVue PHOTO is responsible for payment. Payment is due prior to release of products. When the client(s) enters the download center they can preview the content and also make payment prior to downloading. Legal Action: In the event legal action is necessary to prevent continued copyright infringement, Client agrees to reimburse ClearVue PHOTO for any and all expenses incurred including, but not limited to, attorney fees, court costs and other legal expenses. General: ClearVue PHOTO may use independent contractors to provide service(s). ClearVue PHOTO is not liable for any negligence or damages of the independent contractor. Client acknowledges that ClearVue PHOTO ownership of the product(s), the right to, among other things, display ClearVue PHOTO product(s), property information, and agent information on ClearVue PHOTO website(s). ClearVUE PHOTO is partnered with Aryeo. It is the Client’s responsibility to contact the third party in the event of any issue or complaint. Preparation: Please review the Real Estate Photography Prep Guide Checklist located on http://www.ClearVuePHOTO.com Please ensure that the property is ready to shoot prior to the photographer arriving. Turn on all the lights, open window curtains/covers, open the blinds and turn off the fans. Twilight Prep – If you have scheduled a twilight shoot, please make sure all of these items are ready before the photographer arrives: Turn ON all interior and exterior lights Turn ON all SPAS and REMOVE pool covers. Turn ON Pool and SPAS lights Turn ON water features Please note Twilight Shoots have a tight schedule to ensure optimal lighting, so please make sure, all of these items are ready before the photographer arrives. Governing Law: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between parties. This Agreement shall be governed and interpreted and enforced in accordance with the Laws of the States.