TERMS OF USE

 

 

TERMS OF SERVICE

By using the website called "spacecrafting.com" and all services called "Spacecrafting," you have agreed to be bound by the Terms of Service described in this document called the Terms of Service.

Spacecrafting has the right to update and change the Terms of Service from time to time without notice. Any new functionality or services that change or enhance the current Service shall be subject to these Terms of Service. If you continue to use the Service after any such changes, you agree to such changes and their meaning.

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CANCELLATION POLICY

Appointments cancelled after 8pm the day before the shoot will be subject to a cancellation fee which will be charged to the credit card on file.

Properties up to 4,000 square feet and Aerial Shoots incur a $35.00 cancellation fee. 
Properties over 4,000 square feet and Night Shoots incur a $75.00 cancellation fee.

In the event of unfavorable weather, you may opt to reschedule for our next available appointment. You may also opt to proceed with the shoot as originally scheduled. Please note, the photos may reflect the weather conditions at the time of the shoot.

If severe weather conditions or conditions in and around the property presents a danger to the photographer or potential damage to equipment, we reserve the right to reschedule and/or cancel the appointment.

Unless specifically requested, the composition and areas photographed will be at the discretion of the photographer. We do ask that the property be photo ready when the photographer arrives. The photographer is not responsible for cleaning and/or staging the home.

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REAL ESTATE USAGE RIGHTS

Images provided by Spacecrafting may be used by the client for any marketing associated with the current sale of the property including but not limited to the MLS, printed materials, website, publication, and the agent’s personal marketing. Photo usage rights are considered short-term usage rights which revert back to Spacecrafting upon sale of the property.

All images are owned and copyrighted by Spacecrafting and a license granted only to the client. Any usage, transfer, or sale of the images to a third party is prohibited unless approved in writing by Spacecrafting. Third party usage rights are available for purchase through Spacecrafting.

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PHOTO TRANSFER POLICY

Spacecrafting retains the long-term usage rights to the photos but as a policy, we do seek the previous agent's approval as a courtesy. Spacecrafting is not required to seek permission from the former agent. We offer the former agent 50% of the original package price in the form of a credit for a future Spacecrafting order. The credit is only provided if the property did not sell when originally listed. Spacecrafting is not required to provide this credit and is under no obligation to do so. Spacecrafting will then charge the corresponding package price to the new agent.

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ACCOUNT TERMS

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You are responsible and liable for all content posted to the Service and any activity that occurs under your account even when content is posted by - or activities being deployed by - others who have accounts under your account.

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You are responsible and liable for all content posted to the Service and any activity that occurs under your account even when content is posted by - or activities being deployed by - others who have accounts under your account.

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To use this Service, one must be 18 years of age or older.

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To complete the sign-up process, you must provide all information requested including your full legal name and a valid email address.

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Accounts registered by automated methods are not permitted.

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For login, each user will choose a user name and password combination.

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Each login may only be used by one person.

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Each user is responsible and liable for maintaining the security of their username and password. Spacecrafting will not be liable for any loss or damage from failure to comply with this security obligation.

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Violation of any of the terms in this document will result in the termination of your account. While Spacecrafting prohibits such conduct and content on the Service, you understand and agree that Spacecrafting cannot be responsible for the content posted on the Service and you, nonetheless, may be exposed to such materials.

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Technical support is provided via email to support@spacecrafting.com. (Spacecrafting aims to respond within 24 business hours, but is under no obligation to do so).

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You are not allowed to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Spacecrafting.

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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Spacecrafting.

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Spacecrafting can but has no obligation to remove content and accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libellous-, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

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Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Spacecrafting customer, employee, member, or officer will result in immediate account termination.

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You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

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All information offered to Spacecrafting's Users is the sole and exclusive property of Spacecrafting or its information providers.

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User agrees that it will not sell or in any way make items from Spacecrafting available to any entity without written notice from Spacecrafting.

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Users shall not use or permit the use of material from Spacecrafting in any way that compromises the integrity thereof or which infringes any

copyrights or other intellectual property rights, contracts or proprietary interests.

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User will indemnify and hold Spacecrafting and its information providers harmless against any claim, damage, loss, liability or expense (including attorney's fees) of User or of third parties arising out of User's use of material from Spacecrafting.

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DISCLAIMER OF WARRANTIES MATERIAL FROM SPACECRAFTING IS OFFERED ON AN "AS IS" BASIS. NEITHER SPACECRAFTING NOR ITS INFORMATION PROVIDERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE ACCURACY OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SPACECRAFTING OR ITS INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, ARISING FROM ANY ACT OR FAILURE TO ACT BY Spacecrafting OR ITS INFORMATION PROVIDERS WHETHER OR NOT IT HAD ANY KNOWLEDGE ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, NOR SHALL THEY BE LIABLE FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINES FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF MATERIAL FROM SPACECRAFTING. INFORMATION FROM SPACECRAFTING IS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE; HOWEVER, SPACECRAFTING AND ITS INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OFFERED. SPACECRAFTING AND ITS INFORMATION PROVIDERS RESERVE THE RIGHT TO ADD OR WITHDRAW SOURCES AND ITEMS OF COVERAGE WITHOUT PENALTY.

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If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Spacecrafting) of other Spacecrafting customers, we reserve the right to immediately disable your account or reduce the Service or its availability to you until you can reduce your bandwidth consumption.

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Spacecrafting does not warrant:

• the Service will meet any specific requirements including but not limited to yours;

• the Service will be uninterrupted, timely, secure, or error-free;

• the results obtained from the use of the Service will be accurate or reliable;

• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;

• any errors in the Service will be corrected.

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You expressly understand and agree that Spacecrafting can and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Spacecrafting has been advised of the possibility of such damages), resulting from: the use or the inability to use the service;

• the use or the inability to use the service;

• the cost of procurement of substitute goods and services resulting from any goods, data, information or services

• purchased or obtained or messages received or transactions entered into through or from the service;

• unauthorized access to or alteration of your transmissions or data;

• statements or conduct of any third party on the service;

• or any other matter relating to the service.

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The failure of Spacecrafting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision or term described in the terms of Service. The Terms of Service constitutes the entire agreement between you and Spacecrafting and govern your use of the Service, superseding any prior agreements between you and Spacecrafting (including, but not limited to, any prior versions of the Terms of Service).

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Spacecrafting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

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Prices of all Services are subject to change without prior notice. Such notice may be provided at any time by posting the changes to the Spacecrafting website www.spacecrafting.com or the Service itself but Spacecrafting is under no obligation to do so.

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Spacecrafting shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

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You are solely responsible and liable for properly canceling your account. An email, fax or written request to cancel your account is considered a cancellation. Any payment due at the time of cancellation remains due and Spacecrafting is in no obligation to offer a refund for any prepaid service.

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You are solely responsible and liable for properly canceling your account. An email, fax or written request to cancel your account is considered a cancellation. Any payment due at the time of cancellation remains due and Spacecrafting is in no obligation to offer a refund for any prepaid service.

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Spacecrafting, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other Spacecrafting service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account and content or your access to your account and content, and the forfeiture and relinquishment of all content in your account.

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Spacecrafting reserves the right to refuse service to anyone for any reason at any time.

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Spacecrafting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.