Vista Estate Imaging Terms of Use

Date of Last Revision: July 17, 2017

Vista Estate Imaging, LLC ("VEI") provides photography services for residential and commercial real estate agents, builders and architects in Washington, Idaho and Ohio ("Services"). Services may be purchased via the web site at https://vistaestate.net ("Site"). By accessing the Site or purchasing Services , you (the "User") indicate that you have read and agree to be bound by VEI's Terms of Use (“TOU”). The TOU include the Photography Usage Rights (https://vistaestate.net/usage_rights) and the Privacy Policy (https://vistaestate.net/privacy_policy), which are incorporated by reference.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY GOVERN YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS WITH RESPECT TO VEI. IN ADDITION, THESE TERMS INCLUDE VARIOUS LIMITATIONS OF LIABILITY AND DISCLAIMERS AND INFORMATION ABOUT WARRANTIES RELATED TO THE SITE AND SERVICES.

1. Eligibility

Use of the Site and Services is void where prohibited. By accessing the Site or purchasing Services, you represent and warrant that: (a) you are eighteen (18) years or older; (b) you agree to provide accurate and truthful information, including your first and last name, when registering as a Member; (c) you agree to maintain the accuracy of such information; and (d) your use of the Site or Services does not violate any law or regulation.

2. Member Accounts

In order to access some Site features and purchase Services (including licenses to photographs), you will be required to create an account and provide personal information on the Site and become a Member. As a Member, you assume responsibility to maintain the confidentiality of your account information, including your account password. In addition, you assume responsibility for all activities that occur in connection with your account and you agree to notify VEI of any unauthorized use of your account. VEI reserves the right to close your account at any time for any or no reason.

If you create an account on behalf of a business, you represent and warrant that you are an authorized agent or representative of the business. In addition, you agree to provide complete and accurate information about yourself and the business you represent.

3. Photography Usage Rights

All images produced by VEI in connection with the Services may be used by the purchasing Member only, and only for the sole purpose of marketing the specific property photographed (with any other restrictions that may apply, including time limitations). VEI owns the copyright in the images, and grants a license to the purchasing Member only, and not to any third party. Any usage of the images by any third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the VEI, and VEI may hold a purchasing Member liable for such usage.

4. Term and Termination

The TOU remain in effect indefinitely. While you may terminate your Membership at any time by following the instructions located on your Member account page, obligations associated with your Membership (including Photography Usage Rights) will survive such termination, regardless of how it occurs. VEI may terminate or suspend your account or ability to use the Site if you breach these TOU or if you are suspected of involvement in any illegal activity. Any termination or suspension of your account could prevent you from accessing your account, the Site or any content you may have uploaded or posted to the Site.

5. VEI's Content and Other Proprietary Rights

Unless otherwise noted, VEI owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site ("VEI Content"). VEI owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the VEI Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the VEI Content in whole or in part except as expressly authorized in writing by VEI. VEI does not otherwise grant any express or implied rights in VEI Content, and all rights in and to the Site and to VEI Content are retained by VEI except by written agreement.

6. Restrictions on Use of the Site or the Service

You agree that you will not use the Site or Services:

  1. to defame, threaten, stalk, defraud, incite, harass or advocate the harassment of another person, or otherwise interfere with another user's use of the Site or Services;
  2. to transmit or post spam, junk email or other mass messages, whether commercial in nature or not;
  3. for promotional or commercial purposes that are not expressly permitted by VEI;
  4. to promote bigotry or discrimination against protected classes;
  5. to violate any third party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
  6. to violate the TOU or any applicable law;
  7. to modify or remove any copyright, trademark or other proprietary rights notice on the Site or on any materials copied or printed from the Site
  8. to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or exploit VEI Content except as expressly authorized by VEI.

7. NO WARRANTY

VEI PROVIDES THE SERVICE AND THE SITE "AS-IS", AS AVAILABLE AND WITH ALL FAULTS. VEI GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, VEI DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT AND INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VEI DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL VEI OR ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OR FOR LOST PROFITS OR LOST DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, VIDEO, OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF VEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANY OF THE FOREGOING, VEI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VEI FOR USE OF THE SERVICE OR SITE, BUT IN NO CASE SHALL THE VEI'S LIABILITY TO YOU EXCEED $750. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO VEI FOR THE USE OF THE SERVICE OR SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM VEI, REGARDLESS OF THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnity

Users agree to indemnify and hold VEI and its affiliates, officers, agents, subsidiaries, or other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your illegal use of the Services or Site; (ii) your violation of the TOU, or (iii) your violation of any third party rights including without limitation copyright, defamation, and other intellectual property rights.

10. Privacy Policy

VEI believes the privacy of its users and members is important and, as a result, VEI has separately linked Privacy Policy which explains VEI's online information practices and the choices its users and members can make about how information is collected and used at the Site. You may access the VEI's Privacy Policy at http://vistaestate.net/pages/privacy_policy. The Privacy Policy is incorporated by reference into the TOU.

11. Site Availability

VEI reserves the right at any time and for no reason to modify, update or discontinue, temporarily or permanently, all or any portion of the Site with or without notice.

12. Changes to the TOU

VEI reserves the right to modify, delete, add or change the TOU at any time with full discretion and without notice. If VEI modifies, deletes, adds, or changes the TOU VEI will post the changes on this web page and indicate at the top of a web page the date of last revision of these TOU. Your continued use of the Services or Site after VEI has posted a revised TOU indicates your acceptance of the revised TOU.

13. Notices and Miscellanea

Any notice from you to VEI related to the Site or Services must be addressed to VEI, 612 NW 53rd Street, Seattle, WA 98107. These TOU are provided in electronic form, but there may be additional information regarding the Services or the Site that the law requires us to send you. You consent to VEI sending you this information electronically (such as via email). We may provide required information to you by email at the email address you used to register as a Member. Notices provided to you by email will be deemed given and received on the transmission date. The TOU (including anything incorporated by reference, including the privacy policy and photography usage rights) constitutes the complete agreement between VEI and Users and supersedes any prior agreements. The TOU is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. Any disputes related to or arising from the TOU will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington, to which jurisdiction and venue you and VEI each irrevocably consent. If any provision of the TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions will remain in full effect. VEI's failure to act or your failure to act with respect to a breach of the TOU does not waive VEI's rights or your right to act subsequently. You may not assign or transfer rights or obligations related to the TOU. VEI retains the right to assign its rights under the TOU or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. The TOU will bind VEI's successors and permitted assigns.