By ordering any IMOTO, LLC (“IMOTO”) photographs, floor plans, 360° panoramas, videos, slideshows, virtual staging, virtual tours, etc. (“Products”) and/or services, you (“Client”) agree to the following Terms and Conditions:
I.IMOTO Products
A.IMOTO Photo
1.Interior and exterior photography of the property.
2.In order to assist IMOTO to better serve you, the Client, please be sure to turn on all lights, open window covers, turn blinds into horizontal position, and turn off all fans.
3.IMOTO is not selling physical products, rather IMOTO is simply selling a limited use license.
B.IMOTO Floor Plans
1.All floor plans are for illustration purposes ONLY. Floor plans are estimated and are not to be used to determine total square footage of the property. Measurements are taken from wall to wall inside the property. Floor plans do NOT provide exact sizes of rooms, hallways, or the property as a whole.
2.IMOTO does not guarantee the accuracy of the measurements included in the floor plan and accepts no liability as to the accuracy of the measurements and floor plan as a whole. It is the responsibility of the Client to verify the accuracy of the floor plan.
C.IMOTO Virtual Tour
1.Unbranded Virtual Tour - The IMOTO unbranded virtual tour is an online web gallery composed of a sequence of images. The virtual tour does NOT include video. The link is unbranded and typically may be used in the local Multiple Listing Service (MLS).
2.Branded Virtual Tour - The IMOTO branded virtual tour is an online web gallery composed of a sequence of images. The tour is branded by including information (name, number, broker, photo, etc.) regarding the listing agent in the virtual tour. The virtual tour does NOT include video. The link is branded and typically may NOT be used for local MLS purposes.
D.IMOTO Drone
1.Client is responsible for determining if property is suited for drone photographs prior to the scheduled photoshoot. Client will be charged for drone photographs if the drone leaves the ground, no exceptions.
2.Drone operator has the right to refuse flight any unsafe or unlawful flying conditions.
3.Drone operation requires perfectly operating machinery. Drone orders may be cancelled by IMOTO at any time if the drone does not pass pre-flight inspection.
E.Product prices are subject to change without notice.
II.Delivery
A.Once the IMOTO photographer visits the property, Products are digital and are typically delivered the following business day via email to the Client.
1.Other delivery options can be arranged on a case by case basis. IMOTO will not and does not print and sell images either on paper or on CD/DVD/Memory stick.
2.Images are delivered in small resolution form in order to meet the requirements of the local MLS.i. Larger scale images can be delivered upon request at no additional charge to the Client.
B.All IMOTO Products pass IMOTO inspection prior to delivery to the Client. IMOTO will correct all mistakes at no additional charge to the Client. However, if the Product passes IMOTO inspection and is delivered to the Client, the Client is then responsible for payment.
1.Any comments or corrections by Client must be submitted within 14 days from receipt of photos in order to receive corrections possibly at no additional charge. Not applicable to editing paid for by client.
C.IMOTO will deliver the exact number of images that was ordered or approved by the Client.
D.Client will NOT be able to “pick and choose” from a set of images.
E.Client is responsible for checking the files in their email as some email systems may change the size of the images or otherwise alter the image. IMOTO is not responsible for changes/damages resulting from third party software and/or email systems. Client agrees to check the images immediately to verify that the images did not suffer any alterations. However, should the Client determine that their email system has altered the image, IMOTO will employ reasonable efforts to assist the Client in restoring the images.
F.Client must review all photos at the listing prior to the photographer leaving the property. This is the only opportunity Client has to review the photos. Once the photographer leaves the property Client is responsible for payment for all photos. Should Client desire to change or add additional photos, Client will be charged for a new photo shoot.
III.Cancellation
A.All cancellations must take place no later than 3 hours prior to the scheduled appointment. IMOTO reserves the right to charge a $60 cancellation fee. Should Client repeatedly cancel or no-show IMOTO may decide to cease taking orders from Client.
B.Please call 1.888.316.8897 or email contact@imotophoto.com (with Cancellation written in subject line) to cancel an appointment.
C.Weather Conditions – Sunny weather is optimal for IMOTO Products.
1.Overcast – IMOTO will insert a blue sky and take necessary editing steps to make each Product appear as if it is a sunny day at no additional charge to the client.
2.Heavy rainfall – May be subject to rescheduling at no additional charge to the client. However, IMOTO is still able to complete all interior work regardless of the exterior conditions. An agreement may be made to return to complete the exterior shoot once weather conditions improve.
IV.Payment
A.Whomever places the order with IMOTO is responsible for payment to IMOTO.
B.Payment is due prior to release of edited products.
C.Nonpayment
1.Upon nonpayment, Client will not be allowed to use any IMOTO Products in any form. The local MLS will be contacted and instructed to remove the IMOTO Products that were not paid for from the website. Additionally, Client’s broker/manager will be contacted and informed that Client and brokerage is in violation of the IMOTO copyright through the use of the IMOTO Products. The continued use of the IMOTO Products following nonpayment is copyright infringement and may result in legal action.
2.In the event legal action is necessary to collect balances due or to prevent continued copyright infringement, Client agrees to reimburse IMOTO for any and all expenses incurred including, but not limited to, reasonable attorney fees, other legal expenses, and court costs.
V.Copyright
A.Client acknowledges that, as between IMOTO and Client, IMOTO owns the copyrights of all IMOTO products.
B.IMOTO grants Client (and Client's broker) a non-exclusive, non-transferable license to Products delivered to Client for marketing purposes (including use of the Products in third party brochures, magazines, fliers, websites, etc.).
C.IMOTO expressly reserves all licenses not specifically granted in these Terms and Conditions.
D.The license is intended for use only during the listing period (and future listing periods), but Client may use photos for marketing purposes that last longer than listing period (i.e. on a personal/broker website) on a case by case basis.
E.Clients may NOT resell any IMOTO to a third party (another real estate agent or property owner). Any subsequent real estate agents or owners to the same property may not use IMOTO products.
VI.Disclaimer of Warranties
A.IMOTO provides its products "as is" and "as available."
B.IMOTO does not give, make or provide any express or implied representation or warranty of any kind whatsoever.
C.IMOTO expressly disclaims all warranties, express, implied, or statutory (including disclaiming, without limitation, all warranties of: merchantability, fitness for a particular use or purpose, lack or freedom from latent, hidden, redhibitory, patent or other defects, and arising by statute or otherwise in law).
VII.General Information
A.IMOTO may use independent contractors to provide services. IMOTO is not liable for any negligence or damages of the independent contractor.
B.These terms and conditions represent the only contract between IMOTO and the Client (unless otherwise specified) and are subject to revision.
C.Client acknowledges that IMOTO's ownership of the Products (as acknowledged in §V(A) above), affords IMOTO the right to, among other things, display IMOTO Products, property information, and agent information on certain IMOTO owned websites. IMOTO is under no obligation to do so, but may choose to do so at IMOTO’s own discretion.
D.The virtual tour, images, videos and third party products like 3dShowcase will remain on the IMOTO website for no charge for one (1) year. Should the Client need additional time, IMOTO will extend the hosting of the virtual tour and images for an additional one (1) year for a fee.
E.IMOTO is not responsible for the posting of IMOTO Products on other third party websites. It is the Client’s responsibility to contact the third party in the event of any issue or complaint.
F.IMOTO is not liable for the accuracy of third party mapping tools used on IMOTO websites.
VIII.Privacy Policy
A.We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only. Your personal information is secured via SSL (Secure Socket Layer) Technology.
IX.Venue and Governing Law
A.Client hereby irrevocably and for all purposes consents to the jurisdiction of any federal or state court or other tribunal in New Orleans, LA.
B.These Terms and Conditions are made under, and shall be construed and interpreted in accordance with and governed by, the laws of the state of Louisiana.
X.Indemnification and Limitations of Liability
A.Client agrees to indemnify, defend and hold harmless IMOTO from, against and with respect to any and all claims, demands (whether direct, indirect, consequential, incidental or otherwise), actions, suits, arbitrations, injunctions, proceedings, investigations, liabilities, obligations (whether in contract, quasi-contract, or tort), losses, damages, fines, penalties, assessments, judgments, costs and expenses (including reasonable attorneys' fees and investigatory fees) of any kind or character, arising out of, incident to, attributable to, or otherwise related, in whole or in part, to the Products delivered or otherwise provided to the Client (or any use, reproduction, distribution, licensing, display, performance, broadcast, publication or otherwise exploitation thereof).
B.IMOTO shall not be liable to client, and IMOTO disclaims any liability, for consequential damages of any kind, even if Client has advised IMOTO of the possibility or certainty of such damages.
C.IMOTO's cumulative liability for all claims whatsoever caused by arising out of or related to IMOTO's Products, or the provision thereof, shall not exceed the amount paid by client to IMOTO for IMOTO Products.
