By ordering services from Linova Photography, you agree to the following Service Agreement for Digital Imagery Products. These terms are subject to change without notice.
Cancellations: All scheduled Real Estate photo shoot clients must provide 24 hours notice of cancellation before the scheduled appointment. Linova Photography reserves the right to charge a $50 fee for all cancellations under the cancellation period.
Unable to Shoot Fee: The client is solely responsible for the preparation and condition of the property to be photographed. If Linova Photography determines that the site is not properly prepared; cannot access the home; or that preparation of the property will delay the photographer, we reserve the right to cancel the appointment and charge a $50 cancellation fee.
Property: It is our policy that the photographer shall not stage or move anything on the property, however Linova Photography will, at the photographer’s discretion, adjust minor things such as window coverings, pillows or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo.
Photographer will do their best to ensure that all significant aspects of the property are photographed unless the condition of said aspect has a negative impact on the property. This shall be left solely up to the photographer’s discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.
Once the home has been photographed, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, power lines, water towers, etc.
The homeowner shall ensure that there are no hazards to the photographer’s safety.
The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.
Homeowners should ensure pets are supervised and out of view.
Quality: Linova Photography will provide the client with the highest quality of service and images possible. However, the quality is limited to the subject being photographed. In other words, a messy and dirty house will produce a high quality photos of a messy and dirty house.
Time Limits: Photo shoots are scheduled for a finite amount of time. Extreme overrun of this time may incur an hourly fee of $100/hour if determined not to be the fault of Linova Photography.
Force Majeure: Linova Photography is not liable for any service interruption or cancellation due to weather or Force Majeure.
Retakes and Rainy Day Policy: If the weather threatens to prevent photography, it is the client’s decision to continue or to reschedule. If rain is present, we can shoot the interior as the seller has probably put a lot of hard work into getting it ready for the scheduled shoot. For select exterior shots, we will digitally replace cloudy skies with blue skies. Client may schedule a return for exterior photos at the earliest day possible where the weather cooperates for an additional fee. Another option is we can reschedule the entire shoot to my next available appointment. (No rescheduling/cancellation fees will be assessed for inclement weather.)
Arrival Time: Linova Photography shall notify any client of a late arrival. Although we aim to be on time to every appointment, we cannot control the traffic, weather, or other factors that may cause a delay. We will make every effort to keep within our allotted time slot and to arrive as scheduled.
Liability: Linova Photography is not liable for the failure of income of any marketing material we provide.
Online Availability of Product: Linova Photography utilizes third party services to host our marketing material. Although we have chosen vendors with high availability, routine maintenance and server outages are beyond our control. We assume no responsibility for these outages, but will work to resolve the issues as quickly as possible.
Alterations of Photos: No alteration of photos produced by Linova Photography is permitted by anyone other than Linova Photography beyond resolution changes. No use of Photoshop or other image altering software is permitted on any product by the client or associates.
Additional Fees: Any work requested outside of the planned service may incur a fee. This includes additional time on site, and alteration to photos beyond the true scene. Also, any tolls (bridge, highway, etc) incurred while traveling to and from a photography shoot location will be billed to client at time of final invoicing.
Product Turn-around: Linova Photography guarantees a 24-48 hour turn-around on listing photography from the time the photographer leaves the property. Delivery time on products other than listing photos may vary and is not guaranteed within 24-48 hours.
Client Cooperation: We do our best to get you a finished product as soon as possible. At times this requires cooperation and information from the client in a timely manner. We assume no responsibility for delay of deliverables due to client delays.
Payment Policy: Linova Photography operates on a fee for service basis, all monies owed are payable upon delivery of images, regardless of the sale of the home or other conditions. We accept online credit/debit card payment via invoicing (standard fees apply) or check. The service charge for returned check collection is $40.00 per item, regardless of the amount of the check or the reason it was returned.
Service Area: We service Southern California, including Orange County, San Diego County and the Los Angeles area. Travel time over 30 minutes is at the discretion of the photographer and is subject to a $25/hour travel fee.
Copyright Notice: Linova Photography retains the copyright protection of all digital images. Linova Photography reserves the right to use all images for promotion of Linova Photography but not a third party. The original Realtor, who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession. Images cannot be sold by one Realtor to another Realtor who takes over an expired or withdrawn listing. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Linova Photography and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed [within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Linova Photography’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Linova Photography’s express written consent.
Access to certain areas of this website is restricted. Linova Photography reserves the right to restrict access to other areas of this website, or indeed this entire website, at Linova Photography’s discretion.
If Linova Photography provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Linova Photography may disable your user ID and password in Linova Photography’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Linova Photography a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Linova Photography the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Linova Photography or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Linova Photography reserves the right to edit or remove any material submitted to this website, or stored on Linova Photography’s servers, or hosted or published upon this website.
Notwithstanding Linova Photography’s rights under these terms and conditions in relation to user content, Linova Photography does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Linova Photography makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Linova Photography does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Linova Photography will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Linova Photography has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Linova Photography’s liability in respect of any:
death or personal injury caused by Linova Photography’s negligence;
fraud or fraudulent misrepresentation on the part of Linova Photography; or
matter which it would be illegal or unlawful for Linova Photography to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Linova Photography has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Linova Photography’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Linova Photography’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Linova Photography.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Linova Photography and undertake to keep Linova Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Linova Photography to a third party in settlement of a claim or dispute on the advice of Linova Photography’s legal advisers) incurred or suffered by Linova Photography arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Linova Photography’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Linova Photography may take such action as Linova Photography deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Linova Photography may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Linova Photography may transfer, sub-contract or otherwise deal with Linova Photography’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, constitute the entire agreement between you and Linova Photography in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with federal and state law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of California.
Linova Photography’s details
The full name of Linova Photography is Linova Photography.
Linova Photography’s address is 32565 B Golden Lantern #269, Dana Point, California 92629.
You can contact Linova Photography by email to email@example.com.
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