1) Payment. Payment is due in full at the time of booking. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.
2) Changes and Cancellations. Shoot dates or times may be changed or canceled without penalty up to twenty-four (24) hours before the scheduled shoot time. Changes or cancellations less than 24 hours prior to shoot time will incur a change/cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor weather, readiness of the property, and/or any other factors that may affect HouseLens’s ability to complete the shoot. Artists will not shoot properties that are not camera-ready.
3) Reservation of Rights. Any and all rights not expressly granted here are reserved to HouseLens, including copyright and ownership rights in raw or finished photo(s), video(s), 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content produced under these terms (collectively, “content”). HouseLens reserves the right to use said content for the company’s portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of HouseLens’ premises. HouseLens further reserves the right to license, distribute, or syndicate said content to its commercial partners.
4) Usage. Usage rights are granted to the person, agent, brokerage or other legal entity making payment for HouseLens services (“You”). If any other person, agent, brokerage or legal entity wishes to make use of content created under these terms, it is the responsibility of said person, agent, brokerage or legal entity to obtain express written consent for such usage, in writing, from HouseLens, unless otherwise provided here. You are authorized to use said content produced for you by HouseLens for purposes of promoting your own real estate business and/or the listing(s), brokerage(s), and/or business(es) featured in said content. This authorization is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by you. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by you. Any authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement signed by you has ended, whichever comes first. You may not sell content created under these terms or usage rights thereto to any third party or copy, modify, reproduce, or create derivative works from said photo(s) or video(s), unless you first obtain the express written consent of HouseLens for such usage.
5) Releases, Licenses, and Authorizations. By contracting with HouseLens to produce photo(s) and/or video(s), you certify that you have obtained all appropriate releases, permissions, licenses and/or authorizations for the production of said photo(s) and video(s). You agree to indemnify and hold harmless HouseLens against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release, permission, license, or authorization was obtained or uses which exceed the uses allowed pursuant to a release, permission, license, authorization.
6) Indemnification/Hold Harmless. In addition to the terms and conditions contained in Paragraph 6, you shall also indemnify and hold HouseLens, Inc., its officers, employees, independent contractors and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, or any distribution of the content created thereunder, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from your negligent or intentional acts or omissions and/or those of your officers, agents, independent contractors, employees, family members, invitees, and/or guests.
7) Assignment. HouseLens reserves the right to assign monies due from you. Both you and any party on whose behalf you contract with HouseLens will be jointly and severally liable for full performance under any contract made with HouseLens, including but not limited to payments of monies due to HouseLens.
8) Miscellany. HouseLens reserves this right to modify these Terms and Conditions at any time and without notice. Modification, waiver, or breach of any part of these Terms and Conditions by you or by HouseLens does not release you from adherence to any other part of these Terms and Conditions or to these Terms and Conditions as a whole. The relationship between you and HouseLens will be governed by the laws of the State of Tennessee.
9) Privacy. HouseLens must obtain certain information from you in order to schedule your shoot and enable correspondence about your account. HouseLens takes appropriate safeguards to protect your information and will never sell or give your personal information to any third party, except as required by law, to fulfill our contractual obligations to you, or in order to collect monies due.
10) Email permissions. HouseLens will use email as the primary means of contacting you regarding your account. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to customerservice@houselens.com.
Effective October 1, 2015
HouseLens, Inc. provides visual marketing services for real estate. Products include, but are not limited to, videos, 3D models, floor plans, and photography. It is our policy to respect users’ personally identifiable information (PII) that is collected while providing our services. This policy is intended to help you understand our privacy practices in collecting, using, and disclosing information related to your use of our services. By using our services, you agree to the terms of this Privacy Policy.
When you become a HouseLens customer, we may collect PII that you provide, such as name, photo, company name, phone number, address, e-mail address, password, and website information. When you pay for our services, a third party may collect PII in the form of credit card information, which that third party processes for us. That third party is prohibited from using any of your billing information except as needed to process credit card payments on our behalf.
We use the information we collect to respond to your inquiries, fulfill your requests, and to send you administrative information, such as updates to policies or products and services. The information we collect may also be used to personalize your experience and to offer you products, programs, features or services that may be of interest. Information we collect might be combined with outside records and shared with third parties to enhance our ability to market specific products or services that may interest you. We may also use the information we collect from and about you for our business purposes, such as data analysis, audits, and improving our marketing and services.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance; customer relationship management; database storage, management, and analysis; and direct marketing campaigns. We may also use third-party vendors to assist in evaluating customer experiences and improving our products and services. We share your PII with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
We will not sell, share, trade or rent your PII to third parties for their promotional purposes without your explicit consent.
We may use and disclose the information we collect from and about you as we believe to be necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to comply with legal process; (3) to respond to requests from public and government authorities, including those outside your country of residence; (4) to enforce our Terms of Service (5) to protect our operations or those of any of our affiliates; (6) to protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others; and (7) to allow us to pursue available remedies or limit the damages that we may sustain.
Please note that if House Lens, Inc., or any of its affiliates, subsidiaries, or lines of business is sold or otherwise disposed of, including through merger, consolidation, or sale of assets, or in the unlikely event that HouseLens, Inc., goes out of business or enters bankruptcy, the relevant customer database, including PII, may be disposed of, transferred, or otherwise disclosed as part of that transaction, and you acknowledge that the acquirer of any of the aforementioned entities or products may continue to use your information as set forth in this Privacy Policy.
Security of customer information is very important to us. We have established appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect from you in order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of customer information. It is not possible to guarantee that all data transmitted over the Internet or a wireless network is 100% secure.
Our services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our services and/or providing us with any information, you irrevocably consent to this transfer.
Protecting the privacy of children is especially important to us. For that reason, we never collect information from those we actually know to be under 13, nor do we allow registration of users under the age of 13.
Your information and data may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, including the United States, which may have different data protection rules than in your jurisdiction.
So that we may best serve you, you are responsible for ensuring that all PII you provide to us is kept current.
We will retain your PII for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
If you have questions or concerns about the PII we collect, you may contact us at customerservice@houselens.com.
We may modify this Privacy Policy from time to time. The most current privacy policy can be viewed at http://houselens.com/privacy. Your continued use of our services constitutes your agreement to be bound by the modified Privacy Policy. If you do not agree to the modified Privacy Policy, your only remedy is to discontinue using our services. For questions regarding this Privacy Policy, please contact customerservice@houselens.com
