Terms and Conditions
Terms and Conditions
Last updated: October 11, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Clients means individuals or companies retaining our services
Country refers to: Arizona, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to BoomPix LLC dba BoomPix Media, PO Box 31623, Tucson, AZ 85751.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Services refer to the photography related services offered for sale.
Orders mean a request by You to purchase Services from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website, Email service or Social Media Accounts.
Website refers to the World Wide Website located at www.boompix.com
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website and Services.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
Website refers to BoomPix LLC dba BoomPix Media, accessible from https://www.boompix.com
You means the individual accessing or using the Website or Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Services, as applicable.
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.
Placing Orders for Services
By placing an Order for Services through the Website, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation/Missed Appointments
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Service availability
- Errors in the description or prices for Services
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
If cancellation or rescheduling is necessary, please do so with a minimum of 24 hours notice. A 25% fee may be charged for appointments cancelled less than 24 hours prior to scheduled photo shoot OR if a return trip is required due to property not being ready to photograph. Arriving late beyond 30 minutes to an appointment will be considered a cancellation and will be billed at the full rate of the shoot. Every effort will be made to accommodate a rescheduling. In the event of inclement weather preventing photography or video, a new date will be scheduled at the earliest available time.
We will take precautions to protect ourselves, Clients, and their clients from Coronavirus and related illnesses. If people are present in the home, we respectfully ask they wear a mask and socially distance themselves from the photographer. Un-vaccinated photographers will follow CDC guidelines for wearing personal protective equipment (PPE) in any occupied, and if necessary, unoccupied residential or commercial building, or if requested by client or homeowner. We clean our equipment regularly to prevent the spread of viruses.
Photographer reserves the right to decline photographic services if his/her safety is called into question.
Photography Services and License
An Excess mileage charge may apply depending on location and is calculated automatically when booking.
The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographers interpretation of the project. If a Client or Brokerage representative is not present, the Photographers interpretation shall be deemed acceptable. The photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms; however please note that this does not include things like making beds or arranging furniture. Agents are expected to have the property staging and cleaning completed prior to the photo shoot. All properties will otherwise be shot As Is.
Photos, floorplans: Next business day
Virtual Tours, virtual staging: 2 business days
Videos: 2 business days, more for excess changes
Links to completed media will be delivered digitally to your email address. Photos will meet a minimum resolution of 3000 pixels on the longest edge, usable for both internet and print up to 8×10. Final video files will be uploaded to YouTube or Vimeo and/or delivered in .mp4 format at 1080p unless otherwise requested.
All images or video produced for an Agent or Broker [Client] may be used by the Client for any and all marketing materials and campaigns associated with the property and for Client self-promotion. The photos or video may also be used by the Client parent company for the sole purpose of marketing the specific property. License covers publication and display of images in the following media: World Wide Web, editorial, publicity, broadcast, and display throughout the world. License valid in perpetuity. Images may be submitted for entry in contests. The only credit line to be associated with the images is BoomPix Media, BoomPix.com. Front cover usage requires a supplemental license. National advertising requires a supplemental license. Ownership of the images remains with the Photographer, and license is granted only to the Client and Client parent company, and not to any third party. Usage of the images by a 3rd party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by photographer.
Payment is accepted electronically by major credit card at time of media delivery, or by Check in person or to our Mailing address: BoomPix LLC, P.O. Box 31623, Tucson, AZ 85751. Payment is due upon delivery of completed work unless other arrangements have been made.
Availability, Errors and Inaccuracies
We are constantly updating our Services. The Services available on our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with our Website or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the 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 on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Company or its Services, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website and Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Services.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By visiting this page on our website: https://www.boompix.com/lets-connect/
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