Terms and Conditions

Please read the following Terms and Conditions (the “Terms”) carefully before using any websites of "Elite Media Pros, Inc." (collectively, “Elite Media Pros”, “our”, or “we”) and its affiliates, including, but not limited to, the Elite Media Pros website located at www.EliteRealEstatePhotography.com, and any communications features, online features, services and/or programs offered by Elite Media Pros and/or a customer or user of Elite Media Pro's website and/or services (collectively, the “Website”).

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.

1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, Elite Media Pros does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) and/or the User Content is accurate or complete; (b) the Content and/or User Content is up-to-date or current; (c) Elite Media Pros has any obligation to update any Content and/or User Content; (d) the Content and User Content is free from technical inaccuracies or programming or typographical errors; (e) the Content and/or User Content does not infringe on the intellectual property rights of any third party; (f) the Content and/or the User Content is free from changes caused by a third party; (g) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (h) any information obtained in response to questions asked through, or posting made on, the Website is accurate or complete.

2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Elite Media Pros. At any time, we may, without further notice, make changes to the Website and/or to the services described in these Terms. We will make an effort to update this web page with any changes to the services described in these Terms.

3. DISCLAIMERS.

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. Elite Media Pros DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Elite Media Pros WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Elite Media Pros and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Elite Media Pros, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and/or (v) any claim that your User Content caused damage to a third party.

4. LIMITATION OF LIABILITY. Elite Media Pro's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL Elite Media Pros BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF Elite Media Pros WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

5. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Elite Media Pro's Privacy Policy.

6. OTHER USER AND THIRD PARTY CONTENT.

(a) Elite Media Pros may provide hyperlinks to other websites maintained by third parties, or Elite Media Pros and/or Website users may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER Elite Media Pro's CONTROL AND Elite Media Pros IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Elite Media Pros. In most cases, Elite Media Pros is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Elite Media Pro's Content; (ii) may not create a browser, border environment or frame Elite Media Pro's Content; (iii) may not imply that Elite Media Pros is endorsing it or its products or services; (iv) may not misrepresent its relationship with Elite Media Pros; (v) may not present false or misleading information about Elite Media Pro's products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

7. USER CONTENT.

(a) The Website does or may now permit the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files, comments, blog entries, editorials and original publications (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. Elite Media Pros does not guarantee any confidentiality with respect to any submissions of User Content to us. Any User Content that you provide or make available to other users of the Website may be copied and used by those parties in accordance with these Terms. Additionally, all User Content will be viewable by “admin” and “super admin” users and may at any time be subject to pre-screening, revision and/or deletion, at the sole discretion of Elite Media Pros in order to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Website. You also consent that all User Content that you post to the Website will at all times be available to us. By using the Website you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Website is not under Elite Media Pro's control and Elite Media Pros is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.

(b) You shall be solely responsible for the User Content that you submit, and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Elite Media Pros and those other users of the Website, to use such User Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and to enable inclusion and use of the User Content as Elite Media Pros deems appropriate; and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms. By submitting the User Content to the Website you hereby grant Elite Media Pros a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Website and Elite Media Pro's (and its respective agents, affiliates’ and successors’) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Website a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform your User Content as permitted through the functionality of the Website and under these Terms.

(c) You agree to not use the Website to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official, an employee of Elite Media Pros; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website; (vi) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Elite Media Pros and other users of the Website all of the license rights granted herein; (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Website or any of the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (xi) intentionally or unintentionally violate any applicable local, state, national or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.

(d) You acknowledge that Elite Media Pros reserves the right to pre-screen User Content and that Elite Media Pros and shall have the right (but not the obligation) in its sole discretion to refuse, move and/or remove any User Content that is available on or through the Website. Without limiting the foregoing, Elite Media Pros shall have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or User Content created by Elite Media Pros or submitted to or appearing on the Website.

(e) You acknowledge and agree that Elite Media Pros may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of any third parties; or (iv) protect the rights, property or personal safety of Elite Media Pros its users and/or the public. You further acknowledge and agree that each person that has access to your User Content may have less restrictions on his or her use of your User Content, and that you submit your User Content with the understanding that any claim you have with respect to such use by others shall be between you and such other person, and shall not include Elite Media Pros.

(f) Elite Media Pros does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Elite Media Pros expressly disclaims any and all liability in connection with User Content. Elite Media Pros does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Elite Media Pros will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. Elite Media Pros reserves the right to remove Content and User Content without prior notice. Without limiting Elite Media Pros right to cause the termination of a User Account for any or no reason, Elite Media Pros will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Website who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Elite Media Pros also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Elite Media Pros may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. You acknowledge and agree that Elite Media Pros may disclose your identity in connection with any claim of an intellectual property violation.

8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are Elite Media Pros, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Elite Media Pros is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Elite Media Pros, or its subsidiaries or affiliates, that may be referred to on the Website are the property of Elite Media Pros, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Elite Media Pros, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Elite Media Pros prior written permission. Elite Media Pros aggressively enforces its intellectual property rights. Neither the name of Elite Media Pros, its subsidiaries or affiliates, nor any of Elite Media Pros other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Elite Media Pros prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the names “Elite Media Pros” in or as part of that link.

9. AVAILABILITY. Information that Elite Media Pros publishes on the Website may contain references or cross-references to products, programs or services of Elite Media Pros, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Elite Media Pros, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Elite Media Pros for information regarding the products, programs and services that may be available to you, if any.

10. COPYRIGHT COMPLAINTS. Elite Media Pros owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Elite Media Pros. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Elite Media Pros will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

11. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Elite Media Pros, to its partners, to the business of the Website’s internet service provider, or to other information providers.

12. GOVERNING LAW. These Terms will be governed by the laws of the Commonwealth of Florida, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Commonwealth of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

13. LOCAL LAWS. Elite Media Pros makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Elite Media Pros is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

14. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to Elite Media Pros Privacy Policy.

15. MEDIA STORAGE. Elite Media Pros is not responsible for the storage of any media files. All clients are to download the media to their own storage system when a link is provided. Elite Media Pros may remove this link at any time for any reason.

16. MEDIA OWNERSHIP Elite Media Pros possesses sole ownership of all media and services performed, (photos, video, and 3D Scans). Paying clients are given the rights to use media but do not own the digital property in any way. Paying clients can not distribute or sell any media that Elite Media Pros shoots. Elite Media Pros reserves the right to use, advertise, or re-sell media at a later date for any reason.

17. SALES: By entering in your billing information to our online check out, you acknowledge payment made to elite media pros Inc. is non-refundable. You also agree to the below section 1a terms:

By creating a Client Billing Account Form through the form seen here: (http://eliterealestatephotography.com/client-billing-account) you acknowledge Elite Media Pros Inc. has the authority to store your billing details in your client account and bill you both automatically and for any charges in section 1a. See Below:

SECTION 1A:

If a photographer shows up to a shoot and is delayed or canceled for any reason, there is a $75 convenience fee. Travel charges will not be refunded.

Shoots canceled under 24 hours from scheduled date are subject to $50 cancellation fee.

Shoots over 30 miles from 5269 se jennings ln Stuart FL are subject to a $35 travel charge. Shoots 36-45 miles from Stuart FL are subject to a $50 travel charge.

Sales Continued: If submit payment/card information through the Client Billing Account Form through the form seen here: (http://eliterealestatephotography.com/client-billing-account) for automatic payments, it is the client’s responsibility to contact us to change your payment/card information for any reason. We are not responsible for overdraft fees or other bank penalties.

Delivery:

Files are sent through our Google Drive account. They are hosted for 7 days after the original "Media Files" email is sent. It is the customer's responsibility to download and save the files. We will not store the files past the 7 days. If you have trouble downloading your files, please contact us for assistance.

All sales are final once product is delivered via e-mail and will not be refunded.

Your Consent To This Agreement:

By using our website or communicating though our email (info@elitemediapros.com) or (info@eliterealestatephotography.com) you consent to and agree to be bound by the foregoing Terms.

EFFECTIVE AS OF: JANUARY 11, 2015
LAST UPDATED: JANUARY 1, 2017