VEI Terms of Use

Date of Last Revision: May 11, 2009

Vista Estate Imaging, LLC (“VEI”) is a real estate photography company that provides photography services for residential and commercial real estate agents, builders and architects in Washington State (“Service”). The Services and the web site at vistaestate.net (“Site”) are operated by Vista Estate Imaging, LLC, (“us,” “we” or “VEI”). By accessing, browsing or in any way using the Site (including registering as a “Member” of the Site), you (the “User” or “Member”) indicate that you have read, understand and agree to be bound by VEI’s Privacy Policy and these Terms of Use (“Terms of Use” or “Agreement”). If you do not agree with these Terms of Use, then please do not use the Site because by using this Site you will be deemed to have agreed to these Terms of Use.

YOU SHOULD READ THESE TERMS OF USE CAREFULLY AS THESE TERMS OF USE GOVERN YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IN ADDITION, THESE TERMS OF USE INCLUDE VARIOUS LIMITATIONS OF LIABILITY, DISCLAIMERS AND VEI DOES NOT PROVIDE ANY WARRANTIES FOR THE USE OF THE SERVICE OR THE SITE.

1. Eligibility.

Use of the Site and registration to be a Member for the Service is void where prohibited. By using the Service or the Site, 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 Service does not violate any law or regulation.

2. Member Accounts.

In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create either an account on the Site. It is your responsibility to maintain the confidentiality of your account information, including your account password. In addition, you are responsible for all activities that occur in connection with your account. Further, you agree to notify us of any unauthorized use of your account and we reserve 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. Changes to the Terms of Use.

VEI reserves the right, at its sole discretion, to modify, delete, add or change these Terms of Use at any time without notice. If VEI modifies, deletes, adds or changes these Terms of Use, VEI will post the changes on this web page and indicate at the top of the web page the date of last revision of these Terms of Use. Your continued use of the Service or Site after VEI has posted a revised Terms of Use indicates your acceptance of the revised Terms of Use. If you do not agree to the revised Terms of Use, then do not access or use the Site or Service. As a result, you should regularly review these Terms of Use and you may review the current version of these Terms of Use at any time at http://vistaestate.net/pages/terms_of_use.

4. Term and Termination.

These Terms of Use and any posted revision to these Terms of Use shall remain in full force and effect while you use or access the Service, the Site or are a Member of the Service. You may terminate your Membership at any time by following the instructions located on your Member account page. VEI may terminate or suspend your account or ability to use the Site if you breach these Terms of Service 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 or any other related information.

5. Restrictions on Use of the Site or the Service.

You agree that you will not:

  1. use the Site or Service 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 Service;
  2. use the Site or Service to transmit or post spam, junk email or other mass messages, whether commercial in nature or not;
  3. use the Site or Service for promotional or commercial purposes, except as expressly permitted by VEI;
  4. use the Site or Service to promote bigotry or discrimination against protected classes;
  5. use the Site or Service 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. use the Site or Service in violation of the Terms of Service or any applicable law; and
  7. modify or remove any copyright, trademark or other proprietary rights notice on the Site or on any materials copied or printed off of the Site or modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Service, VEI’s Content or Third Party Content, except as expressly authorized by VEI.

6. VEI’s Content and Other Proprietary Rights.

VEI or its third party licensors own 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 or its third party licensors own 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 grant any express or implied rights, and all rights in and to the Site and to VEI Content, are retained by VEI.

7. NO WARRANTY.

VEI PROVIDES THE SERVICE AND THE SITE “AS-IS,” WITH ALL FAULTS AND AS AVAILABLE. 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 and members 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 use of the Service or Site; (ii) your connection to the Service, including your use of the Service to provide a link to another site, or (iii) your violation of the Terms of Use, or (iv) your violation of any rights of another including but not limited to copyright, other intellectual property rights or defamation.

10. Privacy Policy.

VEI believes the privacy of its users and members is important and, as a result, VEI has a separate Private 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 can access the VEI’s Privacy Policy at http://vistaestate.net/pages/privacy_policy, which is incorporated herein by reference and is a part of these Terms of Use.

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. General.

You understand and agree that these Terms of Use and any notices given pursuant to these Terms of Use are enforceable in electronic format. These Terms of Use constitute the complete agreement and supersede all prior agreements between you and VEI. These Terms of Use are governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from these Terms of Use 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 these Terms of Use 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 force and effect. VEI’s failure to act or your failure to act with respect to a breach does not waive VEI’s rights or your right to act subsequently. You may not assign or transfer rights under these Terms of Use, or delegate any duties. VEI retains the right to assign its rights under these Terms of Use or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. These Terms of Use will bind VEI’s successors and permitted assigns.

13. Notices.

Any notice from you to VEI must be addressed to VEI, 612 NW 53rd Street, Seattle, WA 98107. These Terms of Use are in electronic form. There may be other information regarding the Service or the Site that the law requires us to send you. You consent to VEI sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using the Site or the Service. We may provide required information to you by email at your registered email address or by access to the Site or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you by email will be deemed given and received on the transmission date.