Terms and Conditions

 
Agreement between User and HTTPS://www.CaptureVisualMarketing.com
Welcome to HTTPS://www.CaptureVisualMarketing.com. The HTTPS://www.CaptureVisualMarketing.com website (the “Site”) is comprised of various web pages operated by Capture, LLC dba Capture Visual Marketing (“Capture, LLC”). HTTPS://www.CaptureVisualMarketing.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of HTTPS://www.CaptureVisualMarketing.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
 
HTTPS://www.CaptureVisualMarketing.com is a Photography Services Site.
 
Capture, LLC’s offers these standard Service packages with the following specific terms and conditions:

Service Packages
Standard & HDR Images – Images produced as part of the service by Capture, LLC’s Photographers and processed by Capture, LLC’s editing team.
Capture, LLC’s Marketing Deliverables – Single-Page Website within which the Services are delivered to users.
Aerial (Drone) Photography and/or Videography.
Matterport 3D Scanning and Floor Plan Generation

Enhancements
Capture LLC’s editing team uses digital enhancements, ie. Photoshop, Lightroom for minimal touchups. HDR photography is edited in order to combine multiple exposures into one photograph.

Capture, LLC reserves the right to process more or less than the specified number of photos in each package, dependent upon the unique situation of each property.

Scheduling
Call Capture LLC’s Office to schedule property photography shoot and to mutually select the package appropriate for said property.

If neither an agent nor property owner is present at the time the Services are scheduled to be performed, and no prior requests related to the expected photo shoot selection has been made, all photos taken will be at the discretion of the photographer.

It is always the property owner’s and/or agent’s responsibility to prepare the property for the photo shoot, and Capture, LLC is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. Capture, LLC shoots all photos of the property in “as-is” condition except for minor changes made to the properties lights and window coverings to enhance photo quality.

Unless access to the property is otherwise arranged, an agent or property owner must be present at the time of the tour.
 
Distribution of Services and Deliverables
After a shoot is completed and the photos are processed, the photos and tours will be uploaded to the Website. An email containing a link to the photos and Services will be sent to the contact on file. Capture, LLC is not responsible for emails not received but will make an attempt to send Deliverables to an alternative email address if notified that the initial email was not received.
No refunds of fees will be given if a listing sells between the time the photos are taken and the time they are distributed to the agent and/or property owner.
 
Internet Display
You agree that all photos and images displayed on the internet are the property of Capture, LLC.  You also acknowledge and agree that all Deliverables that are uploaded to the internet may be available for public viewing. If an agent or property owner’s contact information is attached to a Deliverable or listing, it may be displayed online for public viewing.
Capture, LLC reserves the right to send your property information and Deliverables to other real estate websites and portals in order to generate more exposure for your listings. If you do not wish for such distribution, you must request that we do not send your listing data to any third parties when requesting the Services.
 
Privacy
Your use of HTTPS://www.CaptureVisualMarketing.com is subject to Capture, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting HTTPS://www.CaptureVisualMarketing.com or sending emails to Capture, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Capture, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Capture, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 
Fees and Payment
You agree to pay us the fees in effect for each Service selected by you at the time you request the Service.  Prices are different for Services performed for residential properties and commercial properties. If fees for a particular Service are not listed on the Website or already agreed between us, contact Capture, LLC for more information. You agree to pay all fees in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason.  All taxes which may be imposed on any transaction under this Agreement are your responsibility (other than taxes based upon our income) and will be paid directly by you.   All pricing for Services is subject to change at any time.  All late payments will bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You will also reimburse us for all expenses incurred by us in collecting any late payments from you, including, without limitation, attorneys’ fees. In addition to all other remedies available under this Agreement or at law, we will be entitled to immediately suspend your account or Services without prior notice to you if you fail to pay any amounts when due.
 
Capture, LLC will bill you for requested Services and Additional Fees through an online account (your “Billing Account”) at the completion of each Service.   If you and Capture, LLC have not agreed in writing to a different invoicing and payment process, you agree to pay Capture, LLC for all fees for Services requested by you or other persons (including your agents) via your Billing Account.  You agree to enter into your Billing Account valid payment card information and you authorize Capture, LLC to charge such payment card for all fees (your “Payment Method”).  You agree to make payment using your selected Payment Method for each Service and additional fees or expenses agreed or incurred, including but not limited to, charges for cancellation, reshoots, travel fees, ‘no show’ fees and/or upgrades to your chosen Services elected after the initial order was placed (collectively “Cancellation/Refund Policy” as further defined below).  If a valid Payment Method is not in the Billing Account or payment is not otherwise agreed or received by us when a Service is requested, the Service will not be performed.
 
We will bill your payment card upon completion of Services for all charges and Services unless otherwise agreed between us in writing prior to the completion of the Service.   You authorize Capture, LLC and the processor of your Payment Method to (a) initiate and pay recurring charges for all fees payable to Capture, LLC until such time as this Agreement is terminated and (b) pay charges for any Additional Fees that you may incur under the Agreement.  You further represent and warrant that your Payment Method and the payment card information you supply to us is true, correct and complete, you are duly authorized to use such Payment Method to pay all fees, including recurring fees and Additional Fees, and payments made and charges incurred by you will be honored. If Capture, LLC does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account upon demand via an alternative method.
 
Capture, LLC will retain the Payment Method information as part of your Billing Account, as a convenience for you to pay recurring fees and for Services over time.   We will use commercially reasonable security policies and procedures and security tools with respect to your Payment Method information designed to prevent unauthorized access to your Payment Method.   However, it is impossible for us to maintain impervious security and we are not responsible for malicious attacks or theft that result in your Payment Method information being accessed by another party without our consent.
 
Children Under Thirteen
Capture, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HTTPS://www.CaptureVisualMarketing.com only with permission of a parent or guardian.
 
Cancellation/Refund Policy
Capture, LLC reserves the right to charge additional fees due to cancellations, rescheduling, travel time, and reshoots.

Cancellations or Rescheduling will be honored for a full refund up to 5:00pm 2 business days prior to the scheduled shoot. Cancellations that occur after 5:00pm 2 days prior to the shoot will incur cancellations fees of 25% of the price of the services.

Once a Capture, LLC photographer has photographed a property, cancellations and/or rescheduling requests will not be entitled to a refund.
 
Links to Third Party Sites/Third Party Services
HTTPS://www.CaptureVisualMarketing.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Capture, LLC and Capture, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capture, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capture, LLC of the site or any association with its operators.
 
Certain services made available via HTTPS://www.CaptureVisualMarketing.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the HTTPS://www.CaptureVisualMarketing.com domain, you hereby acknowledge and consent that Capture, LLC may share such information and data with any third party with whom Capture, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of HTTPS://www.CaptureVisualMarketing.com users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use HTTPS://www.CaptureVisualMarketing.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Capture, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Capture, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Capture, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Capture, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Capture, LLC or our licensors except as expressly authorized by these Terms.
 
Third Party Accounts
You will be able to connect your Capture, LLC account to third party accounts. By connecting your Capture, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
 
International Users
The Service is controlled, operated and administered by Capture, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Capture, LLC Content accessed through HTTPS://www.CaptureVisualMarketing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend and hold harmless Capture, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Capture, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Capture, LLC in asserting any available defenses.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Capture, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAPTURE, LLC DBA CAPTURE VISUAL MARKETING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
CAPTURE, LLC DBA CAPTURE VISUAL MARKETING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAPTURE, LLC DBA CAPTURE VISUAL MARKETING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPTURE, LLC DBA CAPTURE VISUAL MARKETING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPTURE, LLC DBA CAPTURE VISUAL MARKETING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Termination/Access Restriction
Capture, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capture, LLC as a result of this agreement or use of the Site. Capture, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capture, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Capture, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capture, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capture, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
Capture, LLC reserves the right, in its sole discretion, to change the Terms under which HTTPS://www.CaptureVisualMarketing.com is offered. The most current version of the Terms will supersede all previous versions. Capture, LLC encourages you to periodically review the Terms to stay informed of our updates.
 
Contact Us
Capture, LLC welcomes your questions or comments regarding the Terms:
 
Capture, LLC dba Capture Visual Marketing
302 West Main Street
Avon, Connecticut 06001
 
 
Email Address:
support@capturevisualmarketing.com
 
Telephone number:
8604915824
 
Effective as of January 01, 2022