Last Updated: Jan 12, 2019
This Agreement, and all of the applicable documents referred to in this Agreement (collectively, the “Agreement”), is a legal agreement between Users and Registrants of Dream Home Media, (“You” and “Your” and “Users”) and Dream Home Media, (“Dream Home Media LLC”) an Indiana Limited Liability Company governing the use of the Site whether visiting or registering, purchasing products and services, or making any other use of this site.
By clicking the link above to continue on to the ordering portal/dashboard and/or accessing or using any part of the Site, You agree that You have read, understood, and agreed to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, You are not permitted to access or use any part of the Site or its Services.
1. Acceptance of Terms of Service Agreement
b. Electronic Form. By accessing the Site or registering on the Site, You consent to have this Agreement provided to You in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to [email protected] or a letter and self-addressed stamped envelope to: Dream Home Media, PO Box 34596, Indianapolis, IN 46234
d. Electronic Communications Notices
The information communicated on this Site constitutes an electronic communication. You agree that Dream Home Media may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Dream Home Media provides to You electronically, including without limitation by posting on the Site or by email at the address designated by You, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Dream Home Media. Notices and communications to Dream Home Media must be sent to Dream Home Media at: Dream Home Media, PO Box 34596, Indianapolis, IN 46234
e. Withdrawing Your Consent. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.
(i) Effect. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We only will issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.
(ii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via the Site, we will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.
You must be at least eighteen (18) years of age to register at Dream Home Media Site or use the Site. By using the Site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while You use the Site and/or are registered on the Site. You may terminate Your registration at any time, for any reason, by sending Dream Home Media written notice of termination to Dream Home Media Termination, PO Box 34596, Indianapolis, IN 46234 or email notice of termination to [email protected] Dream Home Media is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
4. Account Security
You are responsible for maintaining the confidentiality of the username and password that You designate during the registration process, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Dream Home Media of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Dream Home Media will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
6. Content on Dream Home Media
Proprietary Rights. Dream Home Media owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Dream Home Media, and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Dream Home Media solely and exclusively owns all intellectual property and other rights, title and interest in and to the Services and the Site. Dream Home Media has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Services and the Site. You do not acquire any right, title or interest in such property under this Agreement, by use or otherwise.
Accordingly, all photos provided to You through the Services of this Site are solely and exclusively owned by their respective Dream Home Media photographer. As such, the individual Dream Home Media photographer 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 through the Services and this Site for whatever reason in Dream Home Media sole and absolute discretion. As a User of the Site and Services, upon purchasing and paying in full for the Services received, You are granted a limited, terminable, non-exclusive license to use the photos and other Services provided to You by Dream Home Media as follows:
- All media produced for the agent may be used by that agent for all marketing associated with the current sale of the property in accordance with local MLS rules. Usage rights for said media end with the expiration of the listing contract, or sale of the home, whichever event occurs first.
- Media will be copyrighted by the photographer and a license granted only to the agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to other agents, architects, builders, stagers, designers, sellers or buyers is prohibited unless approved in writing by the photographer.
- You are not, granted a license to sell, transfer, license, and sub-license or otherwise distribute the Services, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.
8. Registration on the Site
In order to be a client of the Site and be provided the Site’s Services, You must register through the Site via the online registration process. During the registration process, you agree to provide Dream Home Media with accurate and complete contact information. You also agree to promptly notify Dream Home Media if any of this information changes.
A password will be assigned to you upon registration. You may change this password at any time. You are responsible for all use of this password, including without limitation, any use by any unauthorized third party. You agree to notify Dream Home Media immediately if You believe this password is or has been obtained or used by any unauthorized person or entity. In addition, You agree to notify Dream Home Media immediately if You become aware of any other breach or attempted breach of the security of Dream Home Media.
9. Customer Service
Dream Home Media provides assistance and guidance through its photographers. When communicating with our photographer You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that Your behavior towards any of our independent photographers or other contractors is at any time threatening or offensive, we reserve the right to immediately terminate Your registration.
10. Modifications to Service
Dream Home Media reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dream Home Media shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
11. Blocking of IP Addresses
In order to protect the integrity of the Service, Dream Home Media reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
Dream Home Media is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by employees, contractors of Dream Home Media or the equipment or programming associated with or utilized in the Service. Dream Home Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User accounts and communications. Dream Home Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Dream Home Media or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service. Dream Home Media cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dream Home Media has no control over such sites and resources, You acknowledge and agree that Dream Home Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dream Home Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
14. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Dream Home Media be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Web site or the Service, even if Dream Home Media has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Dream Home Media’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Dream Home Media for the Service during the term of Your registration.
15. Jurisdiction and Choice of Law
If there is any dispute arising out of the Site and/or the Service, by using the Site, You expressly agree that any such dispute shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Indiana, in Indianapolis or Marion County, for the resolution of any such dispute.
16. Indemnity by You
You agree to indemnify and hold Dream Home Media, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, damages, costs, or demands of any nature, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above.
17. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
18. Terms Related to Specific Services and Products Offered by Dream Home Media on the Site.
A. Photography Packages
Dream Home Media offers a variety of photography packages in addition to a variety of “Enhancements”. Dream Home Media reserves the right to use third party independent photographers for the completion of any or all of the Services or enchancements provided within its list of Services. Dream Home Media LLC reserves the right to change these packages and pricing at any time. Dream Home Media also provides ‘enhancements’ as part of its Services. For a complete list of Package contents as well as ‘Enhancements’ services, please visit www.DreamHomeMedia.com.
A valid credit card must be received at the time of order. If a valid form of payment is not received when the Services are ordered on the Site, service will not be performed, until and unless terms have been agreed to and extended by contract prior to the time of order.
All payments to Dream Home Media are due open ordering. Services will not be rendered until payments are made in full. After services are completed, your credit card may be charged again if you have incurred additional fees due to circumstances including but not limited to cancellation, reshoots, travel fees, ‘no show’ fees and/or upgrades to your chosen services elected after the initial order was placed.
Prices listed on the Site are for residential properties only. Commercial properties are subject to different pricing. Contact Dream Home Media for more information. Pricing for Dream Home Media Services are subject to change at any time.
In the event that Dream Home Media must pursue legal action in order to collect on balances due, You agree to reimburse Dream Home Media for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.
Dream Home Media bills you through an online account for use of the Service. You agree to pay Dream Home Media all charges at the prices then in effect for any use of the Service by You or other persons (including Your agents) using My Account, and You authorize Dream Home Media to charge Your chosen payment provider (Your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Dream Home Media reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the “Payment Method Provider”). If Dream Home Media does not receive payment from Your Payment Method Provider, You agree to pay all amounts due on Your Billing Account upon demand.
Dream Home Media offers clients the ability to keep credit card information on file with Dream Home Media. This service is provided to Users for no other reason than Your convenience. Dream Home Media will not under any circumstances bill your credit card for charges that you do not authorize, however, by keeping your credit card on file with Dream Home Media by providing such information at Dream Home Media.com, you grant Dream Home Media the right to bill your credit card directly for Services that you ask Dream Home Media to perform. Dream Home Media keeps your information secure and will not under any circumstances allow for the unlawful or unauthorized use of your credit card information. Dream Home Media is not responsible, however, for malicious attacks or theft that result in credit card information being transferred to another party without the consent of Dream Home Media, unless such illegal acts shall occur as a result of negligence by Dream Home Media.
After your order is placed, the Dream Home Media independent photographer of your choice will contact you either via telephone or email in order to schedule Your photo shoot. Dream Home Media is not liable in any way if independent photographer cannot get in touch with You in the event that You provided inaccurate contact information during the registration process or if you are unavailable or for any other reason.
If neither agent nor homeowner is present at the time the Services are scheduled to be performed, and the agent nor homeowner has made prior requests related to shot selection, all shots taken will be at the discretion of the photographer. It is always the homeowner’s and/or agent’s responsibility to prepare the property for the photo shoot, and Dream Home Media is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. Dream Home Media shoots all photos of the property in “as-is” condition.
Unless access to the property is otherwise arranged, the agent or homeowner must be present at the time of the tour. Dream Home Media is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees as a result of property inaccessibility.
D. Distribution of Services and Products
You have a variety of options for delivery of products. You are required to choose your delivery method for each individual order. Options are as follows:
- Dropbox or Digital Media Delivery
- DHM Single Property Website
When ordering this add-on option, your Dream Home Media independent photographer will create a single property website for you with the basic listing information you provide when you place your order. All high resolution files will be provided to you. You will be able to download photos at various resolutions from this website. You will incur additional fees for choosing this option. Fees will be calculated at checkout.
When you choose this option, your photos will be uploaded to the TourFactory.com platform. Before photos can be delivered, your photographer shall send an email request via TourFactory’s website requesting access to your account. Tour Access must be granted. After a shoot is completed and the photos are processed, the photos and any other files will be uploaded to your TourFactory account. If you have created an active listing in the system, photos will be loaded to that listing. Otherwise, an inactive listing will be created for you. You then have the choice of downloading photos and distributing them elsewhere or activating the tour (additional fees may be incurred) and utilizing TourFactory’s platform. Additional fees for choosing this method may apply. If so, fees will be added to your order at check out.
- Other Related Options
Videos, 3D models, etc. will be loaded via an appropriate and industry acceptable distribution method for the service provided. DHM uses services such as Vimeo, YouTube, Matterport and others to deliver links to purchased digital products. By ordering any of those services, you agree to receive links to your products at those service sites.
We do not refund photo orders, although if you are unhappy with our product, we will do our best to make it right for you. No refunds will be given in the event that a listing sells between the time the photos are taken and the time they are distributed to the agent. In the event that payment is made on an order that is no longer needed, a credit on account will be issued.
F. Internet Distribution and Display
All clients understand and agree that all photos displayed on the internet are the property of the respective Dream Home Media independent photographer. Moreover, all properties that are photographed and uploaded to the internet may be available for public viewing. In the event that an agent or homeowner’s contact information is attached to these listings, it may be displayed online for public viewing.
Dream Home Media reserves the right to send your property information and photos to TourFactory, who if you choose, may syndicate your photos and information to other real estate websites and portals in order to generate more exposure for your listings.
G. Additional Fees
Dream Home Media reserves the right to charge additional fees due to cancellations, rescheduling, travel time, reshoots and extended usage of media (over 1 year).
Cancellations or Rescheduling will be honored with credit voucher up to 5:00 EST the day prior to the scheduled shoot. Any cancellations due to weather except for extreme circumstances, at the discretion of Dream Home Media, may result in a cancellation/rescheduling fee.
Once a Dream Home Media independent photographer has photographed a home, cancellations/reschedulings will not result in a refund or credit on account.
Travel Fees may be charged if properties are outside of Dream Home Media’s Service Area. Please See the Service Area listing found at DreamHomeMedia.com for communities in our Service Area. In the event that a travel fee is charged, the fee will be disclosed to You no later than when the shoot is scheduled.
Neither this Agreement, nor any of Your rights or obligations pursuant to this Agreement or regarding use of the Site or Service, is assignable or transferable by You without the prior written consent of Dream Home Media which shall be in its sole discretion. Any attempted assignment without Dream Home Media consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.
No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.
You and Dream Home Media are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
This Agreement contains the entire agreement between You and Dream Home Media regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement.
If you have questions or concerns regarding this Agreement, the practices of Dream Home Media, or your dealings with the Site, please contact us by clicking on ‘Contact Us’ at: http://www.DreamHomeMedia.com