Terms Of Service

Real Estate Photography

1. Acceptance of Terms of Service Agreement

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of Your use of the Site and registration therein. This Agreement may be modified by Freeman Digital Company from time to time, such modifications to be effective upon posting by Freeman Digital Company. This agreement includes Freeman Digital Company’s Privacy Policy and any notices regarding the Site. By accessing the Site or registering on the Site, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

b. Electronic Form. By accessing the Site or registering on the Site, You consent to have this Agreement provided to You in electronic form.

c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to freemandigitalcompany@gmail.com or a letter and self-addressed stamped envelope to: 58300 Almonte Drive, La Quinta CA 92253

d. Electronic Communications Notices

The information communicated on this Site constitutes an electronic communication. You agree that Freeman Digital Company may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Freeman Digital Company provides to You electronically, including without limitation by posting on the Site or by email at the address designated by You, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Freeman Digital Company. Notices and communications to Freeman Digital Company must be sent to Freeman Digital Company at: 58300 Almonte Drive, La Quinta CA 92253

e. Withdrawing Your Consent. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.

(i) Effect. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We only will issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.

(ii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.

e. Access and Retention. In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via the Site, we will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.

2. Eligibility

You must be at least eighteen (18) years of age to register at Freeman Digital Company or use the Site. By using the Site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Term

This Agreement will remain in full force and effect while You use the Site and/or are registered on the Site. You may terminate Your registration at any time, for any reason, by sending Freeman Digital Company written notice of termination to Freeman Digital Company, 58300 Almonte Drive, La Quinta 92253, or email notice of termination to freemandigitalcompany@gmail.com. Freeman Digital Company is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

4. Account Security

You are responsible for maintaining the confidentiality of the username and password that You designate during the registration process, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Freeman Digital  Company of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Freeman Digital Company will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

5. Privacy Policy

Freeman Digital Company values Your privacy. Please review the Privacy Policy at https://freemandigitalcompany.com/privacy-policy/ which describes Freeman Digital Company’s privacy policies in detail, including the kind of information Freeman Digital Company collects, how Freeman Digital Company uses the information collected, and how Freeman Digital Company protects You.

6. Content on Freeman Digital Company

Proprietary Rights. Freeman Digital Company owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Freeman Digital Company, and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

7. Ownership

Freeman Digital Company solely and exclusively owns all intellectual property and other rights, title and interest in and to the Services and the Site. Freeman Digital Company has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Services and the Site. You do not acquire any right, title or interest in such property under this Agreement, by use or otherwise.

Accordingly, all photos provided to You through the Services of this Site are solely and exclusively owned by Freeman Digital Company. As such, Freeman Digital Company reserves all rights of ownership including but not limited to the distribution, publication, alteration, sale and duplication of any and all photos provided to You through the Services and this Site for whatever reason in Freeman Digital Company sole and absolute discretion. As a User of the Site and Services, upon purchasing and paying in full for the Services received, You are granted a limited, terminable, non-exclusive license to use the photos and other Services provided to You by Freeman Digital Company as follows:

  1. All media produced for the agent may be used by that agent for all marketing associated with the current sale of the property in accordance with local MLS rules. Usage rights for said media end with the expiration of the listing contract, or sale of the home, whichever event occurs first.

  2. Media will be copyrighted by Freeman Digital Company and a license granted only to the agent and NOT to any third party. Any usage of the photos, or video by a third party, including but not limited to other agents, architects, builders, stagers, designers, sellers or buyers is prohibited unless approved in writing by the Freeman Digital Company.

  3. You are not, granted a license to sell, transfer, license, and sub-license or otherwise distribute the Services, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.

8. Modifications to Service

Freeman Digital Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Freeman Digital Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

9. Disclaimers

Freeman Digital Company is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by employees, contractors of Freeman Digital Company or the equipment or programming associated with or utilized in the Service. Freeman Digital Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User accounts and communications. Freeman Digital Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Freeman Digital Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service. Freeman Digital Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

10. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Freeman Digital Company has no control over such sites and resources, You acknowledge and agree that Freeman Digital Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Freeman Digital Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

11. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Freeman Digital Company be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Web site or the Service, even if Freeman Digital Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Freeman Digital Company’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 Freeman Digital Company for the Service during the term of Your registration.

12. Dispute Resolution

Any disputes in excess of $5,000 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Freeman Digital Company.

13. Indemnity by You

You agree to indemnify and hold Freeman Digital Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, damages, costs, or demands of any nature, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above.

14. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

18. Terms Related to Specific Services and Products Offered by Freeman Digital Company on the Site.

Photography Packages

Freeman Digital Company offers a variety of photography packages in addition to a variety of “Enhancements”. Freeman Digital Company reserves the right to use third party independent photographers for the completion of any or all of the Services or enhancements provided within its list of Services. Freeman Digital Company reserves the right to change these packages and pricing at any time. Freeman Digital Company also provides ‘enhancements’ as part of its Services. For a complete list of Package contents as well as ‘Enhancements’ services, please visit www.freemandigitalcompany.com.

Payment

Prices listed on the Site are for residential properties only. Commercial properties are subject to different pricing. Contact Freeman Digital Company for more information. Pricing for Freeman Digital Company are subject to change at any time.

In the event that Freeman Digital Company must pursue legal action in order to collect on balances due, You agree to reimburse Freeman Digital Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.

Payment are processed through Square, Inc. To find out more about Square, Inc, visit https://squareup.com/legal/ua.

Scheduling

After your order is placed, the Freeman Digital Company independent photographer of your choice will contact you either via telephone or email in order to schedule Your photo shoot. Freeman Digital Company is not liable in any way if independent photographer cannot get in touch with You in the event that You provided inaccurate contact information during the registration process or if you are unavailable or for any other reason.

If neither agent nor homeowner is present at the time the Services are scheduled to be performed, and the agent nor homeowner has made prior requests related to shot selection, all shots taken will be at the discretion of the photographer. It is always the homeowner’s and/or agent’s responsibility to prepare the property for the photo shoot, and Freeman Digital Company is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. Freeman Digital Company shoots all photos of the property in “as-is” condition.

Unless access to the property is otherwise arranged, the agent or homeowner must be present at the time of the tour. Freeman Digital Company is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees as a result of property inaccessibility.

Internet Distribution and Display

All clients understand and agree that all photos and video displayed on the internet are the property of Freeman Digital Company. Moreover, all properties that are photographed and uploaded to the internet may be available for public viewing. In the event that an agent or homeowner’s contact information is attached to these listings, it may be displayed online for public viewing.

Freeman Digital Company reserves the right to upload your property information, photos, and video to all Freeman Digital Company Digital social channels, including but not limited to Youtube, Vimeo, Instagram, and Facebook.

Refunds

We do not refund photo orders, although if you are unhappy with our product, we will do our best to make it right for you.  No refunds will be given in the event that a listing sells between the time the photos are taken and the time they are distributed to the agent.  In the event that payment is made on an order that is no longer needed, a credit on account will be issued.