These terms and conditions (the "Terms and Conditions") govern the use of https://taftpix.com (the"Site"). This Site is owned and operated by Taftpix, LLC. This Site is a marketing and e-commerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Taftpix, LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
- Real Estate HDR Photography;
- HDR Video Property Tour;
- Aerial HDR Photography & Video;
- 3D Matterport Walkthrough Tour;
- Virtual Twilight Photographs;
- Virtual Room Staging;
- Single Property Website; and
- Single Property Flyer, Brochure, Postcard Printing.
The services will be paid for in full when the services are completed.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
We accept the following payment methods on our Site:
- Credit Card (Visa, Mastercard, American Express, Discover, Diners Club, JCB)
- Bank Debit Card
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds for Services
We certainly understand at time a production issue can occur on an order. If you believe your delivered order has not met your quality requirements, please contact our support team at firstname.lastname@example.org, within (3) business days of receiving your order. If you do not contact us in this time frame, we will assume that your job was satisfactory upon receipt and will be under no obligation to provide a reshoot or refund.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Taftpix, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Taftpix, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Oregon.
Subject to any exceptions specified in these Terms and Conditions, if you and Taftpix, LLC are unable to resolve any dispute through informal discussion, then you and Taftpix, LLC agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Taftpix, LLC.
Notwithstanding any other provision in these Terms and Conditions, you and Taftpix, LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Services and Deliverables
We will provide the requested Services and Deliverables via the Website or as otherwise agreed in writing by you and us. Examples of our current Services and deliverables and terms and conditions specific to certain Services are outlined on our Website.
Taftpix reserves the right to use contractors or third parties to complete any Services we determine fitting or provide any Deliverable at our sole discretion. We will include content and functionality on our Website or designate the number of our employees or contractors that we determine to be sufficient to support our Services at our sole discretion.
Distribution of Services and Deliverables
After a photoshoot is complete and our post-production team has processed the order, we will upload the final Deliverables to the Website. We will send an email containing a link to the Services and Deliverables to the contact on order. Taftpix is not responsible for invalid emails used for notifications of the Services and Deliverables. If notified of an invalid email address, we will inform the contact of the order and request verification of the email address. Taftpix will not provide a refund of fees if a listing sells between the time the photoshoots, while in post-production editing, or when we distribute the Services and Deliverables to the agent or property owner.
After you submit your order on our website, a Taftpix support member will contact you either by email or phone to confirm your scheduled Services and book your photoshoot based on the preferred time you requested on order. Taftpix will schedule our most available time to perform the Services purchased on the order but is not obligated to match the requested date of services.
Taftpix is not liable in any way if we can’t reach you, if you provided inaccurate contact information during the registration process, or if you are unavailable to confirm the Services of your order on or before the time of the booking. Before our scheduled Services, it is the property owner’s responsibility to properly prepare the property site for the photoshoot. Taftpix is not responsible for properties that are not in show-quality condition at the time of the photoshoot. Taftpix photographers perform all photoshoots of the property in “as-is” condition except for minor adjustments made to the property lights and window coverings to help enhance photo quality. Taftpix has full rights to cancel the scheduled Services if we feel the property is not suitable for the photoshoot. We provide a detailed preparation list for property owners to follow published on our website: www.taftpix.com/preparation.
If neither an agent nor property owner is present at the scheduled time of Services, and we received no prior requests related to the photoshoot, all photos taken will be at the discretion of the Taftpix photographer. Taftpix and the assigned photographer are not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees due to property inaccessibility.
All photos, videos, and property tours displayed on the internet are the property of Taftpix. You agree and acknowledge that all Deliverables uploaded to the internet may be available for public viewing, including property and agent information. In addition, Taftpix reserves the right to publish your property information and Deliverables to other real estate websites and portals to generate more exposure for your listings. If you do not wish for such distribution, you must request that we withhold your listing data to any third parties when ordering the Services.
Cancellations and rescheduling will be honored up to 5:00 pm (in the time zone in which services were to be performed) the day prior to the scheduled shoot. A full refund will be provided for a cancellation within this time period. Cancellations that occur after 5:00 pm (in the time zone in which services were to be performed) the day prior to the shoot will incur a cancellation fees of 25% of the price of the services. Once a Taftpix photographer has photographed a property, cancellations and/or rescheduling requests will not be honored or entitled to a refund.
Weather and Hazardous Conditions
In the case of high winds, thunderstorms or other hazardous conditions, the Taftpix photographer reserves the right to determine if proceeding with the shoot is possible. Taftpix will call one (1) hour ahead to discuss current weather conditions and if negative weather could impact the photoshoot. It is at the client's discretion to determine whether to reschedule or accept the risk that the photo shoot may result in certain undesired images or have other products missing. In the case the Taftpix photographer needs to return in order to finish the assignment, the client will be responsible for the additional expense.
In the case that Taftpix's photographers feel unsafe or threatened in any way while on site, the photographer has the right to leave the scene at any time regardless of the onsite progress. A cancellation fee of $75 may apply to client’s account and Taftpix reserves the right to deny rescheduling.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Phone: (800) 785-6984
Postal Mail: Taftpix, 10260 SW Greenburg Rd. #400, Portland, OR 97223
Effective Date: 1st day of December, 2021