Welcome to Rocket Photo, a website located at www.RocketPhoto.com (the “Site”) and operated by Rocket Photo (“Rocket Photo”, “us”, “our”, and “we”). Rocket Photo provides the Site, mobile applications (“App”) and services provided through the Site and/or App (“Services”) including a marketplace for real estate agents to be connected with photographers for real estate photography services.
Type of Users
“The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Photographer, an Agent, both, or neither.
“Photographer” refers to users of the Site, whether an individual or business who offer to provide freelance services to Agents. Photographers are not the employees or agents of Rocket Photo.
“Agent” refers to real estate agents/brokers or individuals or businesses selling, leasing, owning, or managing real estate who request and/or purchase photography services from a Photographer.
About Rocket Photo
Rocket Photo offers business services related to real estate photography including but not limited to: post processing editing services, virtual tour creation, invoicing to Agents, payment collection on Photographer’s behalf, photo delivery and storage, and messaging. Rocket Photo also offers a marketplace for Photographers to render real estate photography services to Agents. Agents may seek the services of a Photographer through the use of the Site, and Photographers may submit proposals to Agents regarding their services. Once both the Photographer and Agent agree to the terms of the Order, a binding contract is formed between the Agent and the Photographer (collectively, "Order"). Photographers and Agents can use the Platform to manage Orders. All Photographers and Agents must create an account to use the Services.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Relationship with Rocket Photo
Rocket Photo is Not a Party to Contracts. Rocket Photo is not a party to the dealings between Agent and Photographer, including posts, proposals, screening, selection, contracting, and performance of Photographer Services. Rocket Photo does not introduce Photographers to Agents or help Photographers find engagements. Rocket Photo merely makes the Site Services available to enable Photographers to identify and determine the suitability of Agents for themselves and to enable Agents to identify and determine the suitability of Photographers for themselves. Photographers are not the employees or agents of Rocket Photo. Rocket Photo does not, in any way, supervise, direct, or control Photographer or Photographer’s work. Rocket Photo does not set Photographer’s work hours, work schedules, or location of work, nor is Rocket Photo involved in determining if the Photographer Fees will be set at an hourly or fixed rate for a Service Contract. Rocket Photo will not provide Photographer with training or any equipment, labor, or materials needed for a particular Service Contract. Rocket Photo does not provide the premises at which the Photographer will perform the work.
Rocket Photo Does Not Guarantee Results. Providing a service where potential Agents and Photographers can meet does not imply an endorsement of any subscribing Photographer. We do not sanction statements a Photographer may post on the system. Rocket Photo makes no representations about, and does not guarantee the quality, safety, or legality of, the Photographer Services; the truth or accuracy of Photographer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Photographers to deliver the Photographer Services; the ability of Agents to pay for the Photographer Services; or that an Agent or Photographer can or will actually complete a transaction. We do not warrant or guarantee that any User of the Site is covered by liability insurance.
Rocket Photo is not required to and may not verify any feedback or information given to us by Photographers or Agents, Rocket Photo, in its discretion, may conduct background checks on Photographers or Agents but cannot guarantee the accuracy for such checks. We encourage Users to perform additional research before accepting services from any User.
Listings. Agents and Photographers are required to make truthful statements and material disclosures on any listings or applications to listing that would enable the other user to make an informed decision on whether to exchange services with you.
Reviews. From time to time, Users may submit reviews of their experience with other Users; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. We will have no responsibility or liability of any kind for any User Content (defined below) you encounter on or through the Website, and any use or reliance on User Content is solely at your own risk.
Information. You acknowledge and agree that Rocket Photo may provide information on the Site about a Photographer or Agent, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Photographers or Agents voluntarily submit to Rocket Photo and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Rocket Photo; Rocket Photo provides such information solely for the convenience of Users.
Taxes. Rocket Photo does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Agent or Photographer, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Photographer’s performance, and Agent’s acceptance, of Photographer Services.
Compliance with Laws and Licensing. Both Photographers and Agents are solely responsible for complying with all applicable federal, state and local laws and regulations when providing or receiving any Services. Rocket Photo does not determine whether a User is subject to, or in compliance with, any legal requirements.
User Safety. Because of the type of service involved, an Agent and Photographer may be required to meet in person for the provision of Services. For instance, an Agent may be required to give certain access to the property to a Photographer, so the Photographer can perform the services. Users should undertake reasonable precautions when meeting in person. Rocket Photo is not responsible to any interactions, whether online, offline, or in person, between an Agent and Photographer. Agents and Photographers agree to indemnify Rocket Photo for any claim that may arise relating to damages caused as a result of an in-person meeting.
Damage to Property. Rocket Photo is not responsible for any damage to property caused by any Agent or Photographer during the provision of Services. Agents and Photographers agree to indemnify Rocket Photo for any claim that may arise relating to damage to any person or property.
Terms Specific to Agents
Pricing. Pricing may vary. Certain aspects of the Services may be provided for a fee or other charge. Rocket Photo may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms will become effective following notice of such change to you as provided in this Agreement. Agent is responsible for all services Ordered at the then-current fee.
Orders. Agents will place Orders using the navigational features and instructions available on the site, including submission of specific requirements, restrictions, terms, specification, and any additional requirements. Orders may not infringe on the rights of any third party, in particular copyrights, moral rights, trademarks or service marks. You many not submit Orders that violate our Acceptable Use Policy (below). Rocket Photo, in its sole discretion may determine whether an Order complies with these terms and remove any such Order from the Site.
Accepted Orders. Once the terms of the Order are accepted and agreed by the Agent and Photographer, a binding contract is created between Agent and Photographer.
Payment. Rocket Photo will place a hold on Agent’s payment method in the amount of the original Order for’ services Agent is required to enter a valid credit card prior to submitting an order request. As soon as the order has been completed the agent’s credit card is charged the full amount due. Upon the successful credit card transaction the products are then distributed to the Agent. Rocket PhotoAgent has 48 hours from the time the Order is delivered to request revisions on an Order. Failure to request a revision on an Order within 48 hours from the date the Order is submitted will irrevocably waive Agent’s right to request a revision and the charged funds will be released to the Photographer. If a revision is requested, the Agent must describe with reasonable detail the required changes that need to be made to the Order. The Photographer will have 24 hours from the time a revision is requested to make such changes and deliver the Order to Agent (“Revised Order”). Agent has 48 hours from the time the Photographer submits a Revised Order to submit a dispute of such Order in accordance with our Dispute Resolution Procedures (below). Failure to submit a dispute within 48 hours from the date the Revised Order is submitted will irrevocably waive Agent’s right to submit a dispute and the charged funds will be released to the Photographer. Once payment is made to a Photographer, Agent will have waived any right to use our Dispute Resolution Procedure to dispute the nature of the work or request a return of any funds. Terms for submitting disputes are found in our Dispute Procedures (below). Agent is prohibited from using any content from a disputed Order for any reason.
Transaction Fee. We may charge a transaction fee for each Order placed through the Market Place facilitated by us in exchange for the services we provide to our Users. The transaction fee may either be based on a percentage of the total cost of the Order or a fixed fee. Currently our transaction fee is a fixed fee that Agent pays in addition to the cost of the Order. We may change the transaction fee in our sole discretion. Agents will be notified of any changes in the transaction fee.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. Agent must keep current payment information on file with us and Agent’s account must be adequately funded to pay for any services rendered. Agent will pay any applicable taxes, if any, relating to any such purchases or transactions. By agreeing to these terms, you are giving us permission to charge your on-file credit card, ACH, or other approved methods of payment for fees that you authorize us to satisfy.
Processing Fee Authorization. An applicable processing fee may be applied to payments to Photographers prior to deposit in their bank account. By agreeing to these terms, you are giving us permission to charge this fee and are fully aware that it is part of the transaction between yourself and the Photographer.
Chargebacks. Agent acknowledges that Rocket Photo has a dispute resolution process in the event you have a dispute concerning the services provided to you. Thus, once you are charged for an Order, you waive your right to any refund for the services. If you have a dispute concerning any payment transaction, please contact our billing department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your User Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, Agent must pay Rocket Photo upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Reviews. Reviews may only be submitted based on Agent’s actual experience with the Photographer. All reviews must be accurate, lawful, and abide by our Acceptable Use Policy (below). Agents are prohibited from submitting fraudulent reviews including creating a fake Order with a Photographer for the purpose of leaving a false positive review. Rocket Photo reserves the right, in its sole discretion to remove/delete, or respond to any reviews that it believes may be untruthful, unlawful, or violate our Acceptable Use Policy.
Terms Specific to Photographers
Photographer Responsibilities. Photographers are solely responsible for ensuring that their work meets the specifications of the Agent’s Order and that such work complies with applicable laws and these terms. If any taxes, including but not limited to sales tax, apply to an Order, Photographer is responsible for paying and transmitting such taxes to the appropriate taxing authority. Rocket Photo will not be responsible to assessing to collecting any such tax.
Terms of Engagement. Photographer will be able to communicate specific terms of engagement to Agents, such as fees for services rendered, intellectual property rights of the photographs, restrictions on use of photographs. All such terms are determined at the discretion of Photographer. Photographer is solely responsible for: enforcing and collecting any late cancellation fees and enforcing any ownership/copyright/trademark/license claims on the services/products provided to Agents.
Editing Services. Photographers may engage Rocket Photo to edit photographs before they are submitted to Agent (“Editing Services”). The price of such Editing Services will be communicated on our Site and may be amended from time to time in our sole discretion. Any change to our pricing or payment terms will become effective following notice of such change to you as provided in this Agreement. If a Photographer purchases Editing Services for an Order, the cost of such Editing Services will be deducted from Agent’s final payment to Photographer before being deposited in Photographers Account. Agents are not a party to any agreement between Rocket Photo and Photographers for Editing Services.
Transaction Fee. We may charge a transaction fee for each Order facilitated by us in exchange for the services we provide to our Users. The transaction fee may either be based on a percentage of the total cost of the Order or a fixed fee. We may change the transaction fee in our sole discretion. Photographers will be notified of any changes in the transaction fee.
Timing of Payment. Photographer will only be paid after Photographer: (a) has completed all services relating to the Order, (b) has verified, via the Platform, that the Order is completed, and (c) the Agent has not requested a revision or submitted a dispute of a Revised Order in accordance with our dispute procedures. Once payment is made to a Photographer, Agent will have waived any right to use our Dispute Resolution Procedure to dispute the nature of the work or request a return of any funds.
Photographers Do Not Perform Services for Rocket Photo. The Services performed by Photographers (whether individually or through a business) are for Agents only. Photographers do not perform Services in any capacity, whether as a contractor or employee, for Rocket Photo. Rocket Photo merely makes the Services available to enable Photographers to identify and determine the suitability of Agents for themselves and to enable Agents to identify and determine the suitability of Photographers for themselves. Nothing in this Agreement will be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Photographer and Agent or between Rocket Photo and any Photographers or any Agents. Rocket Photo has no liability to Photographers or any Agents if a determination legal or otherwise is made by a federal, state or local agency or authority that any Agent is a joint employer of the Photographer, or that the Photographers are employees of Rocket Photo and/or of the Agent. Photographers are not entitled to any benefits or insurance coverage carried by Rocket Photo. Taxes will not be withheld for Photographers from any payments issued to Photographer. Photographers are responsible for reporting their income to the IRS and paying taxes appropriately.
Dispute Resolution Procedures
Our dispute procedures are for the benefit of our Users to help facilitate the transaction between Agents and Photographers and to protect the integrity of our Platform so our Users have an enjoyable experience. Agents must first attempt to deal directly with Photographers and vice versa to resolve any disputes during the period in which Agent must request revision on and Order. After the Photographer submits a Revised Order, if Agent has a good faith belief that the nature or quality of the services provided by any Photographer are not consistent with the Order (“Disputed Matter”), Agent will be permitted to submit a dispute and request a refund subject to the following terms and conditions.
Notice Period. Within forty-eight (48) hours of the date the Photographer submits a Revised Order (the “Agent Dispute Notice Period”), the Agent will provide written notice to Rocket Photo by opening a help desk ticket setting forth in reasonable detail the facts and circumstances which are the basis of the disputed matter (each, a “Dispute Notice”). The Agent’s failure to submit a Dispute Notice within the Agent Dispute Notice Period will constitute such Agent’s permanent waiver of his or her right to dispute the Order and request a refund.
Notice Requirements. A Disputed Notice will only be accepted if the content Agent specifically describes, in reasonable detail, why these specifications, requirements and/or terms have not been met.
Mediation Period. If the Agent does submit a Dispute Notice within the Agent Dispute Notice Period, Rocket Photo will attempt in good faith to work with the Agent and Photographer for a period of up to fifteen (15) calendar days from the date of the Dispute Notice (the “Disputed Matter Mediation Period”) to resolve the Disputed Matter. If the Disputed Matter is successfully resolved within the Disputed Matter Mediation Period, each of the Agent, Photographer and, if relevant, Rocket Photo will take the agreed upon steps to execute the agreed-upon resolution. If the agreed-upon resolution results in return of any portion of Agent’s payment, Rocket Photo will refund the agreed-upon amount within fifteen (15) days from the date the Disputed Matter is resolved.
Final Determination. If the Disputed Matter remains unresolved at the conclusion of the Disputed Matter Mediation Period, by no later than fifteen (15) days after the end of the Disputed Matter Mediation Period, Rocket Photo will make a determination in its sole and absolute discretion (the “Disputed Matter Decision”), and based upon the information provided by the Agent and Photographer, as to whether the nature and quality of the Photographer’s services rendered were satisfactory. If it is determined that a refund is warranted, Rocket Photo will refund the agreed-upon amount within fifteen (15) days from the date the Dispute Matter Decision. Should Rocket Photo decide the Disputed Matter in favor of the Photographer, the Agent will not be entitled to a refund and Rocket Photo will release the held funds to Photographer.
Waiver. You agree that we are not responsible for the accessibility or unavailability of any Photographer or for your interactions and dealings with them. You waive the right to bring or assert any claim against us relating to any interactions or dealings with any Photographer and release us from any and all liability for or relating to any interactions or dealings with Photographers. Agent and Photographer both waive any claim against Rocket Photo relating to our Resolution Procedure. Rocket Photo will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You are encouraged that for all communication regarding orders, questions, disputes, or payment you will use the Rocket Photo platform for such communication, except for situations where users must meet in person at the location of the listing or scheduling such meeting. We understand that often times, phone communication may help clarify questions about an Order. If Users engage in such phone communications, we recommend following up with written communication of any orally agreed upon terms relating to the Order.
We expend tremendous resources to provide our platform and services, to connect you with other Users. You are requested to refrain from making side-agreements or engaging in activities that can be deemed competitive to Rocket Photo with any user outside of our platform during your use of our platform.
We may provide a mobile application (“App”) for Photographers and Agents to manage jobs. Some of the functionality of the Services may only be available on the App and such functionality may vary between Photographers and Agents. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.
You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.
App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Indigo Now and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. You further agree that you will not seek to hire or otherwise engage sellers for future Services, or solicit buyers to purchase your services unless you sell/purchase the Services directly from us.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.
Support or Maintenance. You acknowledge, that we have no obligation to provide you with any support or maintenance in connection with the Services and may provide such support or maintenance in our discretion.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. Notwithstanding the foregoing, Rocket Photo will not make use of or reproduce any photographs a Photographer takes for an Agent. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
You will abide by our Acceptable Use Policy below; and
You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Notwithstanding the foregoing, Photographer is not transferring any license to Rocket Photo to make use of any photographs a Photographer takes for an Agent.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Links to Other Sites and/or Materials
Third-Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (a) any interactions with, or act or omission of, other Service users or Third Party Sites & Ads; and (b) any dispute you have with another User, whether it be at law or in equity, including, for example and without limitation, any disputes regarding the performance, functions, and quality of the services rendered by a Photographer and requests for refunds based upon disputes.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; (e) infringement of intellectual property rights (d) any damage to a person or property caused by a User of the Site and/or Services; and (f) any determination by a court, government agency, or other tribunal, that Photographers are the employees of Rocket Photo or an Agent. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
Rocket Photo makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL ROCKET PHOTO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID ROCKET PHOTO IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Rocket Photo, Inc
Attn: Privacy Officer
Address: 6173 Canal Blvd., New Orleans, LA 70124
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ROCKET PHOTO HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Rocket Photo agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Agreement to Arbitrate
You and Rocket Photo each agree that any and all disputes or claims that have arisen or may arise between you and Rocket Photo relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to Rocket Photo 's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in New Orleans, Louisiana, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in New Orleans, Louisiana.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2019 Rocket Photo. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated October 1, 2019