Scope of These Terms
We include a lot of information on eHomeTours.com, including references, tools, product and service information and rich media production samples. We follow a standard set of editorial procedures for information that we put on eHomeTours.com. However, we don't offer you any warranty or guarantee related to our Web sites. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from tools we provide. While we welcome your feedback on eHomeTours.com, we must make the final decisions about the content that is posted on the site to make sure it meets the needs of all our readers. You can use the email link on our contact page to send us comments and criticisms, but if you are dissatisfied with our response or with the contents of eHomeTours.com, your only remedy is to stop using the Web site.
Ownership of eHometours.com
We, our clients or our partners own the information on eHomeTours.com. In fact, the entire contents and design of eHomeTours.com are protected under U.S. and international copyright laws. You may look at our Web site online, download information to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family, or friends. You must not remove any copyright notices from our materials. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own Web site, or use it for any commercial purpose without our prior written permission.
All photographs from photographer "The Photographer" are the exclusive Intellectual Property of The Photographer and are protected under U.S. and International Copyright Laws. Any reproduction of said Digital or Print images and photographs is strictly prohibited.
The Photographer¹s intellectual property may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any reproduction, digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known for any other purpose other than the Marketing and Advertising of "The Property", without the written permission of The Photographer and payment of a fee or arrangement thereof. Photographic Images (The Intellectual Property) may not be downloaded except during or by the normal viewing process of a web browser program. Use of any image for another photographic concept or illustration is a violation of copyright. U.S. Copyright Law and Related Laws Contained in Title 17 of the United States Code
Unauthorized Use of Photographic Work
In the event that an infringement is discovered you will be notified by certified mail and invoiced the industry standard TRIPLE FEE for unauthorized usage to be paid within 10 days of receipt of said invoice. Additionally you could be prosecuted for Copyright Infringement in U.S. Federal Court where you will be subject to a fine of statutory damages, actual damages and any additional profits of the infringer as well as our court costs and attorneys' fees. Furthermore, you must provide Photo Credit (when applicable) with and on every Marketing Document, Advertisement published, via print or web mediums, reading as such:
Photography by eHomeTours.com
If you need to License an eHomeTours image for use in your Company's Advertising, Marketing and/or Company Materials or promotional campaign, please contact us at 310-851-8256.
Photography Usage and License
When you hire a professional photographer, you pay a License fee which grants you permission and gives you the right to "Use" digital copies of original photographs for a specific period of time and for a specific Use - sort of like renting a hotel room or leasing an automobile - you do not own the room or automobile, you simply pay for the right to use it temporarily. Photographers always own Copyright forever (100 years, automatically renewed) and we have the right to pursue payment for any unlicensed Usage of any kind. Damages could be severe (a percentage of your profits) if our photographic work was used to actually sell a home or anything without permission or License.
* You may NOT "Give" or "Transfer" photographic work to another Realtor and or Realty Company if say, for example, you lose the listing. The images need to be paid for again by the new listing Realtor as it is a new Use from a new party or company. Photographs do not "come with" the listing. Realtors - our License term is for as long as you have the listing and ends when you sell the home or lose or transfer the listing. The internet makes transfer all too easy these days but "copy and paste convenience" does not bypass License or Copyright Laws or give anyone the right to Use Copyright-protected material for commercial or any other purposes without permission.
Laws that govern this agreement
eHomeTours controls the eHomeTours Web site from its offices in Torrance, California. The Web site can be accessed worldwide. Since the laws of each country able to access the Web site may differ, by accessing the Web sites both you and eHomeTours agree that the statutes and laws, without regard to choice of laws principles, will apply to all matters relating to use of our Web site. eHomeTours makes no representation that materials on these Web sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.
By accessing materials on our Web site you agree with all the terms and conditions of this agreement. We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our Web sites constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.
If you don't comply with these terms, we have the right to suspend doing business with you. We may also take any legal action we think is appropriate. If your violation of this agreement causes harm to others, you agree to hold eHomeTours harmless against any liability for that harm. If there is any dispute between us concerning this agreement or your use of our Web site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.