TERMS OF

USE

Thank you for considering Photo Homies Media Service. We are grateful to You for Your interest in our services and look forward to working with You. The following Terms of Use were last updated 03/12/2023 and are considered current.

Questions, comments or concerns can be addressed by email to [email protected].

TERMS OF USE, & CHANGES TO TERMS OF USE: These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at https://photohomies.com (the “Site”, ”Website”). The Site is the property of Photo Homies Media Service (“Photo Homies”, “PHMS”, “Company”, “We”, “Our”, “Us”) and its licensors. Your acceptance of these Terms of Use creates a legally binding contract between Client (“You”) and the Company. By accepting the Terms of Use and creating an account, Client represents and agrees that the information You include on the Website is accurate and that You have the capacity to enter into and abide by these terms and conditions.

1. This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (“the Agreement”) between You and Photo Homies Media Service in relation to Your use of all our Services.

CHANGES TO TERMS OF USE: Photo Homies Media Service reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Upon updating these Terms of Use, we will indicate such changes in an email communication. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Photo Homies Media Service grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The content of the Site, such as text, graphics, images, information, and other material contained on the Site (“Content”) are for informational purposes only.

COMPENSATION, POSTPONEMENTS, DISCOUNTS, & LATE FEES:

COMPENSATION: Company requires a deposit to be paid upon booking in order to engage our services. In consideration for all Services rendered by Company under this Agreement, Company shall be entitled to receive a sum of the invoice balance with 100% due upon receipt of deliverables.
1. Deliverables shall be withheld until payment is received in full unless a prior invoicing arrangement has been established at the time of scheduling. All such invoices are net, and must be paid within fifteen (15) days of order completion.
2. Additional charges incurred during booking, while onsite, or at any other time shall be invoiced and due within fifteen (15) days of receipt of invoice.
3. Outstanding balances are subject to a fee of 15% of its compounded total for every (forty-five) 45 days delinquent.
POSTPONEMENTS: If any phase of an order is postponed, or delayed for longer than thirty (30) days, We will bill for all work completed.
DISCOUNTS: Discounts, coupons or any other promotions are limited to single use and can not be combined with any other discounts or special offers unless expressed in writing or advertised as such.
ENTERPRISE DISCOUNT: Enterprise solutions are available to be pre-purchased, in bulk, for a set discount of no greater than 30%. Further details can be inquired upon by emailing [email protected]
LATE FEES: By booking Services described herein, Client agrees with and understands the payment schedule associated with this Terms of Use. Client grants Company permission to contact their broker, controller, manager, or company of employment for open balance inquiries associated with the Services provided. Client agrees that all licenses granted herein may be revoked at Company’s discretion should an outstanding balance be opened for more than two (2) months.

CHANGES TO THE SERVICE(S), ACCOUNT(S), & PRICING: The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, We shall use reasonable endeavors to notify registered users of such decision in advance.

1. You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to You or to any third party for any changes or modifications to the Website, and/or any Services that we may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or Your possibility to use or access the same from or within any territory or territories.
2. We may change the features of any type of account, may withdraw or introduce new features, products or types of account(s) at any time and for any reason, and may change the prices charged for any of the Companies Services from time to time. In the event of any increase in the price or material reduction in the features of Your Account, such change(s) will be communicated to You. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if You do not terminate Your account, Your continued use of Your account will constitute Your acceptance of the changes to Your account.

ALL SERVICES: Using the Site to engage Photo Homies Media Service via Our online booking form will be considered a formal Service Request. We will confirm these requests via email to the email address provided by You. Photo Homies Media Service offers two distinct service tiers, Pro Service (“Photo Homies Media Service”, “Photo Homies”) and Emerging Talent Service (“ET”, “Emerging Professional”, “Professional in Training”).

PROFESSIONAL SERVICES: Professional Services, (“Pro Services”) are performed by Contractors and/or Employees, and/or Equity Partners of the Company. Professional service providers are capable of providing all services detailed herein, to the standard set forth, as promoted on the Company website.
1. 1. 1. In accordance with the terms set forth in this Agreement, and including all of the specifications pertaining to the scope of work provide through the Website, we will provide: 1) Real Estate Photography, 2) Aerial Photography, 3) Twilight Photography, 4) Virtual Twilight Photographs, 5) 3D Virtual Tours, 6) Basic Floor Plans, 7) Custom Listing Website, 8) Videography, 9) Aerial Videography, 10) Photo Slideshow Video, 11) Portrait Photography, 12) Virtual Staging, 13) Virtual Demolition, (Services) to You and if applicable, Your clients (“Homeowners”) and certain third parties as follows:
      1. We will perform the Services You order within the time frame specified herein.
      2. Services will be performed at Our then-current rates, as posted on Our website.
    2. Photo Homies Media Service acknowledges and agrees that such media as: 1) Real Estate Photography, 2) Aerial Photography, 3) Twilight Photography, 4) Virtual Twilight Photographs, 5) 3D Virtual Tours, 6) Basic Floor Plans, 7) Videography, 8) Aerial Videography, 9) Photo Slideshow Video, 10) Portrait Photography, 11) Virtual Staging, 12) Virtual Demolition, may be downloaded by the Client at no additional cost, and used for the express and sole purpose to which Photo Homies Media Service has been retained to provide.
EMERGING TALENT SERVICE: The Emerging Talent Program (“ET”) provides services to You through paid partnerships with professionals in training. Emerging Talent Services (“ET Services”) are characterized by, but not limited to, different price points, different standards of service, and different delivery times.
1. 1. 1. All licensing and distribution of Emerging Talent Services created through the Emerging Talent Program, and any other Intellectual Property of Company, is and shall remain, intellectual property of the Company and shall be bound to Our Content Agreement contained herein.
    2. In accordance with the terms set forth in this Agreement, and including all of the specifications pertaining to the scope of work provide through the Website, we will provide: 1) HDR Real Estate Photography, 2) Virtual Twilight Photography, 3) 3D Virtual Tours, 4) Basic Floor Plans, 5) Custom Listing Website, 6) Walkthrough Video Tours, (ET Services) to You and if applicable, Your clients (“Homeowners”) and certain third parties as follows:
      1. We will perform the ET Services You order within the time frame specified herein.
      2. ET Services will be performed at Our then-current rates, as posted on Our website.
    3. Photo Homies Media Service acknowledges and agrees that such media as: 1) HDR Real Estate Photography, 2) Virtual Twilight Photography, 3) 3D Virtual Tours, 4) Basic Floor Plans, 5) Walkthrough Video Tours, may be downloaded by the Client at no additional cost, and used for the express and sole purpose to which Photo Homies Media Service has been retained to provide.
All licensing and distribution of Services, and any other Intellectual Property of Company, shall be bound to Our Content Agreement contained herein.

BUNDLE PACKAGING: Any real estate service is able to be bundled provided it is on the same booking.

1. Bundles start incurring a discount at 3 (three) services.
2. Bundles stop incurring a 2.5% discount at 30% or 9 (nine) services.

HOSTING: Photo Homies Media service’s Hosting, Client shall expect that all media hosted on Photo Homies Media Service’s servers, at no additional cost, for a period of one (1) year OR until and when the original listing has been removed, sold, transferred, or expired.

1. Media contained therein shall be removed at such time unless an extension is requested in writing, and paid for at our then current hosting rates.

THIRD PARTY HOSTING: All Services provided by Company, that rely on Third Party hosting services such as: 1) iGuide 3D Tours shall be hosted for a period of six (6) months from the date of delivered service at no additional cost. Additional hosting periods must be requested, in writing, and paid for at Our then current rates.

1. 1. Subject to the terms of this Agreement, Photo Homies Media Service will use commercially reasonable efforts to provide the Services and to comply with all applicable laws and regulations in fulfilling its obligations and providing Services under this Agreement and any additional orders.

POLICIES:

DEPOSIT POLICY: Photo Homies Media Service shall require a deposit to be placed, at the time of booking services, to retain Our services. Company reserves the right to waive deposit(s) contingent upon a prior invoicing arrangement having been established, in writing, prior to the time of scheduling. Deposit Schedule as follows:
1. 1. 1) $75.00 USD for all Bundle Package Services or
  2. 2) 10% of the total for À la carte services
  3. 3) 10% of the total for Emerging Talent Program services
CANCELATION, POSTPONEMENT, AND RESCHEDULE POLICY: Client may reschedule any and all appointments from the Website Client Portal up until 24 hrs prior to the scheduled date of service(s). Alternatively, Client may notify Company, in writing, at least 24-hours in advance of the scheduled date(s) of production if a scheduling adjustment is needed.
1. 1. Appointments modified within a 24-hour period are subject to the loss of the associated deposit placed at the time of the booking to secure the appointment.
  2. In the event where the weather or other uncontrollable circumstances may prohibit or delay Services, Company may cancel, postpone, or reschedule Service. Rescheduling appointments are subject to Company availability.
TRAVEL POLICY: Photo Homies Media Service defines our standard service area as a radius of forty (40) miles from: 4200 Park Blvd, Oakland, CA 94602.
1. In the event that travel is needed outside our standard service area, there will be an additional fee of $1.00 USD per mile, for each mile over 40 miles, per crew member accumulated.
2. Photo Homies Media Service may use its discretion to accept or decline projects that are outside of Our standard service area. Company agrees that Client will be notified if such a charge is necessary. Client reserves the right to terminate this Agreement should Client choose not to move forward with Services.
WEATHER POLICY: In the event of predictable bad weather, it is the responsibility of the Client to reschedule with at least 24-hours notice before the arranged start time. In the event of unpredictable bad weather, Client may request to proceed with Services.
1. Company may use its discretion to cancel, postpone, or reschedule as needed. In the event of bad weather, if Client requests to proceed with Services and Company agrees, Company may fulfill partial Services to the best of Our ability as allowable by the weather.
RESHOOT POLICY: Photo Homies Media Service reserves the right to determine if requests are based on Client preferences or technical error(s). Reshoots are subject to Company availability. As visual arts are subjective we have sectioned our reshoot policy into two (2) tiers:
1. Client Preference: Reshoot and/or additional shoot date requests based on Client preferences are subject to a fixed hourly rate of three-hundred ($300 USD) dollars per hour.
2. Technical Error: Fees may be waived for reshoot requests based on technical error. Expedited turnaround time will be granted, within reason and subject to availability.
RE-EDIT POLICY. Photo Homies Media Service reserves the right to determine if requests are based on Client preferences or technical error(s). Re-edits are subject to Company availability. As visual arts are subjective we have sectioned our Re-Editing policy into two (2) tiers:
1. Client Preference: Re-Edit based on Client preferences are subject to a fixed rate of two-hundred and fifty ($250 USD) dollars per sixty (60) seconds of edited video.
2. Technical Error: Fees may be waived for re-edits requests based on technical error. Expedited turnaround time will be granted, within reason and subject to availability.
COVID-19 POLICY: If residential and/or commercial real estate has been deemed an essential service in Your area, Photo Homies Media Service will provide service under the following conditions:
1. 1. Do not schedule an appointment if You, Your clients, or their tenants are ill, may become ill, or have come into contact with someone who is ill.
  2. Prior to engaging in service:
    1. Turn on all lights, turn off ceiling fans, put down toilet seats and open window treatments prior to the appointment to minimize the number of surfaces Staff must touch while in the home.
    2. The number of people who are at the property during the appointment should be limited to essential person(s) only.
    3. Practice physical distancing and avoid close contact with Company.
    4. Maintain a six foot distance at all times.
    5. Please avoid any unnecessary physical contact with person(s) on set.
    6. If possible, You and Homeowners should wait outside or in vehicles during the appointment.
    7. Please follow all preventive guidelines provided by the Centers for Disease Control:https://www.cdc.gov.
  3. By booking Our services, You agree to hold Photo Homies Media Service harmless in the event that You or Your clients become infected with the COVID-19 virus as a result of Us performing service.
  4. If Your local jurisdiction, MLS organization, REALTOR association or brokerage company requires a Property Entry Advisory and Declaration (PEAD) form to be signed by Photo Homies Media Service, send the completed form to [email protected] and a signature will be provided by the appropriate person(s).
FORCE MAJEURE: Photo Homies Media Service operates with the understanding that forces beyond our control may present themselves from time to time. As such, neither party shall be responsible for or liable for failing to perform any part of this Agreement hereunder arising out of or caused by, directly or indirectly, forces beyond Our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or other vis major, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Company and Client shall use reasonable efforts, which are consistent with accepted practices and deemed safe, to resume obligations as soon as practicable under the circumstances.

SCHEDULE OF DELIVERABLES: Photo Homies Media Service shall adhere to the accompanying delivery schedule as it pertains to the tier of service selected by You. Delivery times are calculated from the time of the completed service. Contingent upon beginning capture at the scheduled start time, our expected delivery times are as follows:

Photo Homies Professional Service:
1. 24 hr Services:
  1. Real Estate Photography,
  2. Aerial Photography,
  3. Twilight Photography,
  4. Virtual Twilight Photographs,
  5. 3D Virtual Tours,
  6. Basic Floor Plans,
2. 48 hr Services:
  1. Videography,
  2. Aerial Videography,
  3. Photo Slideshow Video,
  4. Custom Listing Website
3. 72 hr Services:
  1. Portrait Photography,
  2. Virtual Staging,
  3. Virtual Demolition
4. If Photo Homies Media Service experiences issues with images, processing or turnaround time, We will contact You via email to notify You of expected delays or rescheduling prior to guaranteed time.
Photo Homies Emerging Talent Services:
1. 24 hr Service(s):
  1. Basic Floor Plans,
2. 48 hr Services:
  1. HDR Real Estate Photography,
  2. Virtual Twilight Photographs,
  3. 3D Virtual Tours,
  4. Photo Slideshow Video
  5. Custom Listing Website
3. 72 hr Service(s):
  1. Walk Through Video Tour
4. If Photo Homies Media Service experiences issues with images, processing or turnaround time, We will contact You via email to notify You of expected delays or rescheduling prior to guaranteed time.

PRE-SERVICE GUIDELINES: To expedite and optimize Our Services, while maintaining a reasonable standard of safety for Our Staff, Vendors, Clients, and Homeowner(s), all parties shall adhere to the following Pre-Service Guidelines:

1. Client will have pet(s) put away or removed from the Premises for the duration of the Service(s).
2. Client will prepare the Premises by professionally staging the Premises or making it clean, tidy, and uncluttered.
3. Client is responsible to remove from view personally identifiable information or extremely valuable objects, i.e. diplomas, certificates, visible lists of passwords or phone numbers, credit cards, checkbooks, gift cards with visible barcodes or numbers, employee or personnel data, trade secret information or any other personal or confidential material. Client understands and acknowledges that failure to remove these items from site could lead to identity theft, burglary, or other harm to Client or Homeowner.
4. Client acknowledges that Photo Homies personnel are not responsible for putting away or moving Homeowner’s belongings, and the Premises will be captured in “as-is” condition.

CONTENT AGREEMENT: All photos created by Photo Homies Media Service and Photo Homies Emerging Talent are solely and exclusively owned by Photo Homies Media Service. As such, Company reserves all rights of ownership including but not limited to the distribution, publication, alteration, sale and duplication of any and all photos provided to You by Us for whatever reason, and in Photo Homies Media Service’s sole and absolute discretion. We encourage You to credit @photohomies for all social media posts.

1. LICENSE: Company hereby grants to the Client a non-exclusive, limited, non-sublicensable, and non transferable license for the final deliverable(s) associated with the Services rendered, upon the terms and conditions and subject to the limitations set forth, to use the Deliverable(s) to perform the obligations (the “Agreement Obligations”) under the Agreement, which Agreement Obligations have now been assumed by the Client. The grant of this license includes, without limitations, the right of Client to use the final deliverable(s) associated with the Services rendered, owned and/or licensed by Company, that comprise the Intellectual Property and/or the products and services thereunder in connection with its performance of the Agreement Obligations. Company hereby represents and warrants that it has authority to enter into this Agreement.
2. RESERVATION OF RIGHTS: All rights, not expressly granted hereunder, are reserved to Company, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer hard drives, external hard drives, USB storage, CD-ROM, cloud storage, computer databases, intranet servers, and network servers.
3. AGREEMENT OBLIGATIONS AND USE LIMITATIONS: The rights granted in this Agreement are subject to the following limitations:
  1. Client may use the Service(s) to market and advertise the subject matter depicted in the Intellectual Property for lead generation or soliciting new or reoccurring business.
  2. Client and Client’s broker, manager, or company of employment may share the Project to promote its brand.
  3. Client may not alter the final deliverable without written approval from Company.
  4. Client may use the Project to promote or grow the Client’s business interests in advertising or marketing across any and all platforms including but not limited to Facebook, Instagram, YouTube, Vimeo, Twitter, LinkedIn, Snapchat, personal website(s), dedicated listing website(s), blogs, or third-party multimedia publications.
  5. Client may freely advertise, market, perform, exhibit, broadcast, display, or publish the Project so long as its performance is not for direct, commercial use where profit is made directly from the sale or distribution of the Project.
  6. Service(s) may be uploaded by the Client to MLS when applicable. However, regardless of any terms and conditions of this Agreement or the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
  7. Client understands that the Project does not include the rights of or access to the raw materials or original digital files used to create the final deliverable(s).
4. ADDITIONAL USAGE: If Client wishes to make any additional use(s) of the Services rendered, Client agrees to seek permission from Company and make such payment(s) as agreed between the Parties.
5. ROYALTY FREE MUSIC: Photo Homies Media Service uses royalty-free music licensed to Company for the use and distribution with Company’s own works of authorship such as but not limited to our listing video tours. Company may license, reproduce, distribute, perform, or display its own works of authorship with the music incorporated but Company does not have the right or authority to sublicense or assign the use of music for standalone distribution. Company and Client are not permitted to use the music as a standalone asset in any way. Photo Homies agrees to indemnify and hold Client harmless in the use of any music provided by Company to Client in the course of providing the Services under this Agreement.
  1. SONG SELECTION: Photo Homies Media Service offers our Clients the option of selecting a song for the video. To ensure a timely turnaround, Client must select a song for their video(s) at the time of booking. Company may select a song based on a mood, genre, or preference provided by Client. If Client does not select a song at the time of booking, Company may select one for them to begin the Post-Production process. Changing the song after a video is completed will be subject to a fee of $110 per hour.
6. Photo Homies Media Service claims no ownership interest in any of the Content which is not created by Photo Homies Media Service (including, without limitation, master recordings, artwork and photographs) and is posted by our members, and the copyright to all such Content shall remain with its original owner. By posting Content via Photo Homies Media Service, our members warrant and represent that they own the Content posted by them or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party.
7. Photo Homies Media Service does not prescreen nor endorse any Content produced by its members and made available through the Site. The Content provided by members on or through the Site may contain inaccurate, inappropriate, incomplete, untruthful or offensive material and/or products or services for which Photo Homies Media Service assumes no responsibility or liability. You acknowledge and bear all risk associated with the use of any Content made accessible through the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
8. Except as expressly provided, no service conferred by Photo Homies Media Service or use of the Site shall be construed as conferring any license under any of Photo Homies Media Service’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that certain Content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of Photo Homies Media Service and its affiliates, licensors (including, without limitation, members, artists), and service providers. Except as expressly provided to the contrary, You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Photo Homies Media Service in connection with the Site.
9. You are not granted a license or any other right to store any of the information from the Site (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
10. Any use of the Site other than as specifically authorized herein, without the prior written permission of Photo Homies Media Service, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
11. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Photo Homies Media Service’s and/or the applicable user’s, as required herein, express prior written consent.

LOCATION RELEASE: It is the Client’s responsibility to obtain permission for production from the property owner, tenant, occupants, or neighbors associated with the job site. Company may request Client to obtain a Location Release from the lawful Grantor on behalf of Company for the purposes of photographing, filming, and recording. Company makes every effort to maintain the privacy of the property owner, tenant, occupants or neighbors thereof. Company may request Client to inform neighbors of production should it be deemed necessary by Company to proceed with Production.

GOVERNING LAW: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California. Any action to enforce all or any part of this Agreement shall be brought within the State of California.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: It is our policy to respond expeditiously to claims of intellectual property infringement. Photo Homies Media Service will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with federal copyright, trademark and/or patent law, Photo Homies Media Service will promptly remove or disable access to the material, link and/or activity claimed to be infringing and/or suspend or terminate the alleged infringer. Photo Homies Media Service will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to [email protected].

YOUR USE OF THE SITE:

1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Photo Homies Media Service reserves the right to bar any such activity.
2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Photo Homies Media Service server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Photo Homies Media Service, including any Site account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
4. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Photo Homies Media Service’s systems or networks, or any systems or networks connected to the Site or to Us.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Photo Homies Media Service on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Photo Homies Media Service or others.

ACCOUNTS, PASSWORDS AND SECURITY: Certain features or services offered on or through the Site may require You to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify Photo Homies Media Service immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by Photo Homies Media Service or any other user of or visitor to the Site due to someone else using Your Site ID, password or account as a result of Your failing to keep Your account information secure and confidential.

1. You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. Photo Homies Media Service cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

DATA PROTECTION, PRIVACY, AND COOKIES: All personal data that You provide to us in connection with Your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with California privacy law. Users accessing the Website from outside the United States do so at their own risk. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and You hereby agree to the collection, use and disclose practices set forth therein.

PRIVACY: Photo Homies Media Service’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. You may view Photo Homies Media Service’s Privacy Policy at: https://photohomies.com/privacy-policy/.

1. Additionally, by using the Site, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

LIMITATION OF LIABILITY:

1. The Company’s and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, liability to You is limited. To the maximum extent permitted by law, in no event shall the company be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, consequential, exemplary, or punitive damages, lost profits, lost data, loss of goodwill or business reputation, any cost to procure substitute goods or services, or any intangible loss, regardless of the foreseeability of those damages) arising out of or in connection with Your use of the website, or any other services provided to You by the Company.
2. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.
3. Although not an exhaustive list and without limiting the foregoing, the Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
4. Any loss or damage arising from:
  1. Your reliance on the content of all services, including without limitation, content originating from third parties, or from any communication with the services;
  2. Your inability to access or use the services or any part or parts thereof, including deletion or corruption of, or failure to store, any content and other data maintained or transmitted by or through Your use of the service, or Your ability to access any content or any external services via the services;
  3. Any changes that the Company may make to the services or any part thereof, or any temporary or permanent suspension or cessation of access to the services or any content in or from any or all territories;
  4. Any action taken against You by third party rights holders with respect to any alleged infringement of such third party’s rights relating to Your content or Your use of the services, or any action taken as part of an investigation by the company or any relevant law enforcement authority regarding Your use of the services;
  5. Any errors or omissions in the services’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
  6. Your failure to provide the Company with accurate or complete information, or Your failure to keep Your account login information suitably confidential;
  7. Any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach;
  8. Any loss of profits, including those caused by Your reliance on the services, or any loss You suffer whether or not it is foreseeable.
  9. Any products that are damaged or lost in transit. Replacement products will not be provided if delivery tracking services indicate that the package was delivered.
5. Any claim or cause of action arising out of or related to Your use of the services must be notified to the company as soon as possible.
6. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, You acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between You and the Company and are fundamental elements of the bargain between You and the Company, and that the Company’s liability will be limited entirely, to the maximum extent permitted by law.

INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

1. Any violation by You of these Terms of Use or
2. Any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent.