PropertyPhotos.com – Online Terms of Use

Updated: January 12, 2018

These terms (the “Terms”) govern your access to and use of the PropertyPhotos.com website and its subdomains (the “Website”). The Website is owned and operated by PropertyPhotos.com LLC (“PropertyPhotos.com” “us” “we” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms in their entirety, you should not access or use any portion of the Website.

PropertyPhotos may modify these Terms at any time without notice to you. If we modify these Terms, we will post the revised Terms on the Website and update the “Updated” date at the top of these Terms. We recommend that you review these Terms periodically for any changes. Your continued access to or use of the Website will constitute your acceptance of the revised legally-binding Terms.

By accessing or using the Website, you represent and warrant that (i) you are at least 18 years old and are lawfully able to accept these Terms, and (ii) if you are accessing or using the Website on behalf of an entity, you are authorized to accept these Terms on behalf of that entity, and that the entity is bound by these Terms.

  1. USE OF THE SITE. The Website and the content featured or displayed on the Website, including without limitation the text, data, images, video, 3D panoramas, virtual tours, audio, graphics, illustrations, software, metadata, and the selection and arrangement thereof (the “Content”) is intended for PropertyPhotos customers. You may only access and use the Website and Content for purposes of your business with us. You may not:
    1. Archive, disassemble, decompile, manipulate or reverse engineer any portion of the Website or Content;
    2. Download, copy, use, publish or re-transmit any portion of the Website or Content without, or in violation of, a written content license agreement with PropertyPhotos;
    3. Use the Website or Content in any way that violates any law, statute, ordinance or regulation;
    4. Use the Website or Content to defame, abuse or otherwise harass or threaten any third party;
    5. Use the Website to publish, post, distribute or display any defamatory, illegal, libelous, infringing, obscene, pornographic, sexual, violent, exploitative, harassing, invasive of privacy or publicity rights, threatening, deceptive, fraudulent, indecent or otherwise objectionable materials;
    6. Use the Website or Content for promotions, political campaigning, advertising, junk mail, spam or solicitations;
    7. Use any robot, spider, crawler, deep-links, data-mining, data-gathering, extraction tool, or other automatic device or manual process to monitor, copy, harvest, gather or “scrape” any portion of the Website or Content;
    8. Manipulate or display the Website or Content through “framing” or similar navigational technology;
    9. Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on the Website or Content;
    10. Link the Website or Content to any other website;
    11. Interfere with the performance or security of the Website or any systems, networks or services accessible through the Website, including though viruses, corrupted data, or other harmful files;
    12. Represent that you own any portion of the Website or Content; or
    13. Make use of the Website or Content other than as intended and expressly permitted under these Terms, or in a manner that is competitive with PropertyPhotos.com—as determined in our discretion.
    You represent and warrant that you will comply with all laws and regulations applicable to the Internet, data usage, e-mail, privacy and the transmission of technical data sent from the United States or the country where you reside.
  2. INTELLECTUAL PROPERTY. The Website and Content were created, compiled, prepared, selected and arranged by us through the expenditure of substantial time, effort and resources. They are the property of PropertyPhotos.com and our licensors, and are protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties. Except as expressly provided herein or in a separate license agreement between us and you, PropertyPhotos.com does not grant any express or implied permission to use the Website or Content.
  3. TRADEMARKS. PropertyPhotos.com, our logo and any other product or service name, or slogan contained in the Website are trademarks of PropertyPhotos.com and our suppliers or licensors and may not be used without our prior written permission or the written permission of the applicable trademark owner. All other trademarks, product names and company names or logos used in the Website are the property of their respective owners. Our reference to their products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by us—unless we specifically state otherwise.
  4. COPYRIGHT INFRINGEMENT/DMCA. In accordance with the Digital Millennium Act (“DMCA”), if you believe that any content posted on the Website infringes your copyright or other intellectual property rights, please immediately notify us by following the instructions set forth at DMCA.
  5. LINKS TO THIRD PARTY WEBSITES. The Website may link to third party websites. These links are provided for your convenience only and do not constitute or imply any endorsement, sponsorship or recommendation by us. Propertyphotos.com does not make any representations or warranties relating to, and accepts no responsibility for (either directly or indirectly), any content or practices provided by or through such third parties and their websites.
  6. CONTENT LICENSE. These Terms do not alter the terms and conditions of any separate content license agreement you may have with PropertyPhotos.com or any of our affiliated companies. If there is any conflict between these Terms and the terms of any such content license agreement, the terms of the content license agreement will prevail.
  7. PRIVACY POLICY. PropertyPhotos.com is committed to protecting your privacy. Please read through our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy governs the collection, use and disclosure of data arising out of your use of the Website and Content.
  8. USER CONTENT. If you upload or post to the Website any content (such as images, video, audio or text) (collectively, “User Content”), you represent and warrant that (i) you own all right, title and interest in and to the User Content, or possess sufficient rights to grant the licenses set forth herein; (ii) PropertyPhotos.com will not need to obtain licenses or other legal permission from, or pay any royalties or other compensation to, any third party with respect to the User Content; (iii) the User Content does not infringe any third party’s rights, including intellectual property and privacy rights; (iv) the User Content is accurate and not misleading; and (v) the User Content complies with these Terms and all applicable laws. By uploading or posting User Content, you grant PropertyPhotos.com and its affiliated entities a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in our discretion and in any media.
  9. INTERACTIVE SERVICES OR FORUMS. The Website may contain interactive features and functionality (the “Interactive Areas”) enabling you to share and exchange certain User Content. The Interactive Areas are provided for your personal use. You may not otherwise use or distribute User Content accessible in the Interactive Areas without our express written permission. In addition, when using the Interactive Areas you must conduct yourself in a cordial and friendly manner and in accordance with these Terms. You may not identify or suggest any affiliation with or endorsement by PropertyPhotos.com or its affiliated entities. Any views or opinions expressed by you are your personal views or opinions and do not reflect the views or opinions of PropertyPhotos.com or its affiliated entities. PropertyPhotos.com and its affiliated entities are not responsible and assume no liability for (i) any User Content posted, stored or uploaded by you or any third party, (ii) for any loss or damage thereto, or (iii) any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. Although we have no obligation to screen, edit or monitor any User Content posted in the Interactive Areas, we reserve the right in our discretion to remove or edit any User Content.
  10. DISCLAIMER. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR LIABILITY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AND CONTENT AT YOUR OWN RISK. WE PROVIDE NO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES OR LIABILITY CONCERNING (I) ACCURACY, CORRECTNESS, CURRENCY, AVAILABILITY, RELIABILITY, PERFORMANCE, SUITABILITY, COMPATIBILITY, OWNERSHIP OR TITLE, THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS, FITNESS FOR HIGH RISK ACTIVITIES OR TIME OF PREFORMANCE RELATING TO THE WEBSITE AND CONTENT; (II) CONTINUOUS, UNINTERRPUTED OR ERROR-FREE ACCESS TO OR USE OF THE WEBSITE OR CONTENT, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
  11. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROPERTYPHOTOS.COM, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST OR DAMAGED DATA, GOODWILL, LOST REVENUES OR BUSINESS OPPPORTUNITIES, WORK STOPPAGE OR COMPUTER FAILURE OR MALFUNCTION, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR CONTENT, EVEN IF PROPERTYPHOTOS.COM IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROPERTYPHOTOS.COM, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR CONTENT, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES CAPPED BY THE AMOUNT YOU HAVE PAID, IF ANY, TO PROPERTYPHOTOS.COM FOR ACCESS TO OR USE OF THE WEBSITE OR CONTENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM AT ISSUE (OR IF NO AMOUNTS HAVE BEEN PAID, THEN $10).
    Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore some or all of the limitations in these Terms may not apply to you to the extent they are prohibited or superseded by such state or foreign provisions.
  12. INDEMNIFICATION. You agree to indemnify and hold harmless PropertyPhotos.com, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims and liabilities (including reasonable attorneys’ fees) that may arise from (i) your access to or use of the Website or Content, (ii) your failure to comply with any provision of these Terms; (iii) your failure to comply with applicable local, state, federal or international laws in the use of the Website or Content; or (iv) your User Content PropertyPhotos.com reserves the right to assume the exclusive defense and control of any such matter, and you agree to cooperate with any reasonable requests for assistance with such defense.
  13. DOWNTIME. PropertyPhotos.com periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. We shall have no liability for the resulting unavailability of the Website or Content, or for any loss of data caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to PropertyPhotos.com.
  14. UPDATES TO THE WEBSITE OR CONTENT. PropertyPhotos.com has the right, from time to time and without prior notice to you, to discontinue, modify or change the material, nature of, type, arrangement, frequency and/or times of publication, organization, format, nature, access procedures, hours of operation, menus, structures, commands, documentation, features and functionalities of the Website, Content or any portion thereof.
  15. JURISDICTION AND LAW. You agree that any claim, action, or proceeding arising out of these Terms, or your access to or use of the Website or Content, shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of such courts.
  16. NOTICES. Any notice to PropertyPhotos.com under these Terms shall be in writing and delivered in person, by nationally recognized express courier or by certified mail to: PropertyPhotos.com LLC, 2201 Lakeside Boulevard, Richardson, Texas 75082, ATTN: Legal Department. Such notice shall be deemed given on the same day if delivered in person, or on the next business day if delivered by any other expressly permitted method.
  17. SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms will continue in full force and effect.
  18. WAIVER. Any waiver of any provision of these Terms will be effective only if in writing and signed by PropertyPhotos.com. No waiver of one provision shall be interpreted as a waiver of any other provision of these Terms.
  19. RESTRICTION AND TERMINATION OF USE. Propertyphotos.com may block, restrict, disable, suspend or terminate your access to all or any portion of the Website or Content at any time in our sole discretion, without prior notice or liability to you.