Terms of Service
The Agreement
These Terms of Service (the “Service”) are agreed between iMarket Listings, LLC (“Company”), located at 25 SE 2nd Ave Miami, Florida, United States 33131, and the individual/business (“Member”). The Service rights, privileges, and obligations commence on the sign-up day of the Servicet. Member agrees they meet all membership requirements and will notify the Company if any requirements are not met during the time of the agreement term.
Acceptance of Terms
Access or use of the real estate marketing service provided by iMarket Listings, LLC. (the “Service”), the Member agrees to be bound by the terms and conditions outlined in this Contract. If the Member does not agree with these terms, they should refrain from accessing or using the Service.
Description of Service
The Company provides Real Estate Marketing Services that allow Members to sell their properties with innovative Marketing Solutions through high-end technology.
Member Obligations and Conduct
By using the Service, the Member agrees to/that:
1. Acknowledge that their membership grants them access to specific benefits and services outlined by the Company.
2. The Company reserves the right to modify, update, or discontinue any benefits or services provided under the membership without notice to the Member.
3. Provide accurate and up-to-date information during the registration process.
4. Use the Service only for lawful purposes and in accordance with any applicable laws or regulations.
5. Refrain from engaging in any activities that may harm the Company’s reputation or interfere with the proper functioning of the Service.
6. Maintain the confidentiality of their account login credentials and do not share them with unauthorized individuals.
7. Be solely responsible for the content they upload or share through the Service, ensuring it does not infringe upon third-party rights or violate any laws or regulations.
The Member agrees to NOT use the Service to/for:
1. Upload, download, post, email, transmit, store, share, import, or otherwise make available any unlawful Content, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
2. Stalk, harass, threaten, or harm another.
3. If you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends.
4. Engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement.
5. Post, send, transmit, or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
6. Forge any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”).
7. Upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere or limit the regular operation of the Service (or any part thereof), or any other computer software or hardware.
8. Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements, or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon).
9. Plan or engage in any illegal activity.
10. Gather and store personal information on any other Service users to be used in connection with any prohibited activities.
Your Account
As a registered Service user, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to notify iMarket Listings of any security breach of your Account immediately. You further acknowledge and agree that the Service is designed and intended for personal use individually, and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, iMarket Listings shall not be responsible for any losses arising from unauthorized use of your Account resulting from you not following these rules.
To use the Service, you must enter your user id and password to authenticate your Account. You agree to provide accurate and complete information when you register. As you use the Service (“Service Registration Data”), you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current, and complete Service Registration Data may result in your Account’s suspension and/or termination. You agree that iMarket Listings may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Limitation of Liability
The Company shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from or in connection with using the Service. The Member agrees to use the Service at their own risk and acknowledges that the Company does not guarantee the accuracy, reliability, or availability of the Service.
You agree to defend, indemnify and hold iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
IMARKET LISTINGS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM:
1. IMARKET LISTINGS’ FAILURE TO USE REASONABLE SKILL AND DUE CARE
2. IMARKET LISTINGS’ GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FRAUD
3. OR DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF IMARKET LISTINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OR INABILITY TO USE THE SERVICE
2. ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF;
3. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
6. AND ANY OTHER MATTER RELATING TO THE SERVICE.
Liability Clause for Photography Services
(Third-Party Sub-contractor)
The Company engages third-party contractors for photography services and explicitly states that it does not bear any responsibility for losses or damages incurred during or as a result of these services.
The Member acknowledges and agrees that the third-party contractors are independent entities solely accountable for their actions and equipment. The Member is responsible for obtaining their insurance coverage for potential risks.
By signing the agreement, the Member releases iMarket Listings from any liability related to the photography services or any other services provided by the third-party contractors.
Ownership
The Parties agree that all products created by the Company will remain the Company’s exclusive property as long as it is relevant to the performance of the Services outlined in this Agreement.
Memberships Details
The Member acknowledges that their membership with the Company requires a monthly fee that varies upon the size of their property. The membership will be activated ten (14) business days after completing the professional photography service. The specifications of each membership are detailed below:
1. Membership: Compact
a. For Properties: Up to 2,500 f²
b. Monthly Fee: USD 99
c. Term: Month to Month
d. Billing Cycle: Monthly Recurrent
2. Membership: Medium
a. For Properties: 2,500 f² to 5,000 f²
b. Monthly Fee: USD 149
c. Term: One Year
d. Billing Cycle: Monthly Recurrent
3. Membership: Large
a. For Properties: 5,000 f² to 7,500 f²
b. Monthly Fee: USD 199
c. Term: Month to Month
d. Billing Cycle: Monthly Recurrent
4. Membership: Estate
a. For Properties: 7,500 f² to 10,000 f²
b. Monthly Fee: USD 249
c. Term: Month to Month
d. Billing Cycle: Monthly Recurrent
5. Membership: Custom Quote
a. For Properties: More than 10,000 f²
b. Monthly Fee: To be determined through a custom quote.
c. Term: Month to Month
d. Billing Cycle: Monthly Recurrent
Additional Services Fees
Additional services may be provided for a one-time payment fee upon mutual agreement between the Company and the Member. These services could include other appropriate marketing strategies to enhance the Member’s property presentation and visibility. These additional services are detailed below:
1. Broker Price Opinion Only available in the USA*.
The Member can get personalized guidance from the Company’s real estate brokers for a USD 99 one-time payment fee.
2. All Forms and Documents
The Company provides the Member with all the necessary paperwork, including the Letter of Intent, Purchase and Sale Agreement, Commission Agreement, and more, for a USD 50 one-time payment fee.
3. Custom Real Estate Signage
The Company offers custom real estate signage with a QR code that directs potential buyers to the landing page of the Member’s property, providing instant access to essential information for a USD 65 one-time payment fee.
4. Agent on Demand
The Member gets access to Agent on Demand, a support service the Company’s team of experts provides for the entire sales process, for a USD 695 one-time payment fee.
Photographer Re-Scheduling Fee
In the event that the Member requests a rescheduling of the photographer’s services once the appointment has been booked, the Company is entitled to charge a fee of up to USD 50, depending on the property size.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
iMARKET LISTINGS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
iMARKET LISTINGS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME, iMARKET LISTINGS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, iMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
iMARKET LISTINGS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iMARKET LISTINGS DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Indemnification
You agree to defend, indemnify and hold iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
1. Any Content you submit, post, transmit, or otherwise make available through the Service
2. Your use of the Service
3. Any violation by you of this Agreement
4. Any action taken by iMarket Listings as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred
5. Or your violation of any rights of another
This means that you cannot sue iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of iMarket Listings’ conclusion that a violation of this Agreement has occurred.
This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless iMarket Listings from and against any and all claims and demands arising from using your Account, whether or not you expressly authorize such usage.
Re-Publish a Listing Fee
If the Member decides to re-publish his listing after it was unpublished, a fee of USD 25 will apply
Payment Terms
1. The Member agrees to pay the listing fee in the agreed-upon frequency mentioned above.
2. Payment will be automatically charged to the Member’s designated credit card or bank account.
3. In the event of non-payment or failed payment, the Company reserves the right to suspend or terminate the membership.
4. Membership and Additional fees are non-refundable.
Pausing or Canceling the Membership
Canceling the Membership
1. The Member may cancel the membership at any time by providing written notice at least forty-eight (48) hours prior to the next billing cycle.
2. Upon cancellation, the Member’s access to any of the services, including Additional Services, will be terminated.
3. Listings shall be removed within twenty-four (24) hours from receipt of the unpublished notification. However, it should be noted that the removal process from the websites on which they were originally published may require additional time, as such platforms are beyond our direct control.
Pausing the Membership
1. The Member may pause the membership at any time by selecting “Unpublished” on their CRM panel on the website.
2. If a Member wants to republish the listing, he must pay a republishing fee, as detailed in clause I of this Agreement.
Intellectual Property Rights
The Member acknowledges that the Company owns all intellectual property rights related to the Service, including but not limited to trademarks, copyrights, marketing material, and proprietary software. The Member agrees not to reproduce, modify, distribute, or create derivative works based on the Service without prior written consent from the Company.
Severability
In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will still be enforced in accordance with the Parties’ intention.
Termination
The Company reserves the right to terminate or suspend the Member’s access to the Service at any time and for any reason without prior notice. The Member may also terminate their use of the Service by discontinuing its use and notifying the Company.
Privacy and Data Protection
Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and iMarket Listings shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and iMarket Listings agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami, Florida, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
If you are a citizen of Japan, the governing law shall be Japanese law, and the forum shall be Tokyo, Japan.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Entire Agreement
This Agreement constitutes the entire agreement between you and iMarket Listings, governs your use of the Service, and completely replaces any prior agreements between you and iMarket Listings in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force, and effect. The failure of iMarket Listings to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Electronic Contracting
Your use of the Service includes entering into agreements and/or making transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. To access and retain your electronic records, you may be required to have specific hardware and software, which are your sole responsibility.
By accepting these terms, the undersigned declares that they have thoroughly read and understood all the clauses and rules outlined herein and hereby affirms their acceptance of said terms.
Membership Agreement
The Agreement
This Membership Agreement (“Agreement”) is made between iMarket Listings, LLC (“Company”), located at 25 SE 2nd Ave Miami, Florida, United States 33131, and the individual/business (“Member”). Membership rights, privileges, and obligations commence on the sign-up day of the Agreement. Member agrees they meet all membership requirements and will notify the Company if any requirements are not met during the time of the agreement term.
Acceptance Of Terms
Access or use of the real estate marketing service provided by iMarket Listings, LLC. (the “Service”), the Member agrees to be bound by the terms and conditions outlined in this Contract. If the Member does not agree with these terms, they should refrain from accessing or using the Service.
Description Of Service
The Company provides Real State Marketing Services that allow Members to sell their properties with innovative Marketing Solutions through high-end technology.
Member Obligations And Conduct
By using the Service, the Member agrees to/that:
1. Acknowledge that their membership grants them access to specific benefits and services outlined by the Company.
2. The Company reserves the right to modify, update, or discontinue any benefits or services provided under the membership without notice to the Member.
3. Provide accurate and up-to-date information during the registration process.
4. Use the Service only for lawful purposes and in accordance with any applicable laws or regulations.
5. Refrain from engaging in any activities that may harm the Company’s reputation or interfere with the proper functioning of the Service.
6. Maintain the confidentiality of their account login credentials and do not share them with unauthorized individuals.
7. Be solely responsible for the content they upload or share through the Service, ensuring it does not infringe upon third-party rights or violate any laws or regulations.
The Member Agrees To NOT Use The Service To/For:
1. Upload, download, post, email, transmit, store, share, import, or otherwise make available any unlawful Content, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
2. Stalk, harass, threaten, or harm another.
3. If you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends.
4. Engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement.
5. Post, send, transmit, or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
6. Forge any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”).
7. Upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere or limit the regular operation of the Service (or any part thereof), or any other computer software or hardware.
8. Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements, or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon).
9. Plan or engage in any illegal activity.
10. Gather and store personal information on any other Service users to be used in connection with any prohibited activities.
Memberships Details
The Member acknowledges that their membership with the Company requires a one-time listing fee that varies upon the size of their property. The membership will be activated ten (10) business days after completing the professional photography service. The specifications of each membership are detailed below:
1. Membership: Compact
a. For Properties: Up to 2,500 f²
b. Listing Fee: USD 299
c. Term: One Year
2. Membership: Medium
a. For Properties: 2,500 f² to 5,000 f²
b. Listing Fee: USD 399
c. Term: One Year
3. Membership: Large
a. For Properties: 5,000 f² to 7,500 f²
b. Listing Fee: USD 499
c. Term: One Year
4. Membership: Estate
a. For Properties: 7,500 f² to 10,000 f²
b. Listing Fee: USD 599
c. Term: One Year
5. Membership: Custom Quote
a. For Properties: More than 10,000 f²
b. Listing Fee: To be determined through a custom quote.
c. Term: One Year
Additional Services Fees
Additional services may be provided for a one-time payment fee upon mutual agreement between the Company and the Member. These services could include other appropriate marketing strategies to enhance the Member’s property presentation and visibility. These additional services are detailed below:
1. Broker Price Opinion – Only available in the USA*
The Member can get personalized guidance from the Company’s real estate brokers for a USD 99 one-time payment fee.
2. All Forms and Documents
The Company provides the Member with all the necessary paperwork, including the Letter of Intent, Purchase and Sale Agreement, Commission Agreement, and more, for a USD 50 one-time payment fee.
3. Custom Real Estate Signage
The Company offers custom real estate signage with a QR code that directs potential buyers to the landing page of the Member’s property, providing instant access to essential information for a USD 65 one-time payment fee.
4. Agent on Demand
The Member gets access to Agent on Demand, a support service the Company’s team of experts provides for the entire sales process, for a USD 695 one-time payment fee.
Photographer Re-Scheduling Fee
In the event that the Member requests a rescheduling of the photographer’s services once the appointment has been booked, the Company is entitled to charge a fee of up to USD 50, depending on the property size.
Re-Publish A Listing Fee
If the Member decides to re-publish his listing after it was unpublished, a fee of USD 25 will apply.
Payment Terms
1. The Member agrees to pay the listing fee in the agreed-upon frequency mentioned above.
2. Payment will be automatically charged to the Member’s designated credit card or bank account.
3. In the event of non-payment or failed payment, the Company reserves the right to suspend or terminate the membership.
4. Membership and Additional fees are non-refundable.
Pausing or Canceling the Membership
Canceling the Membership
1. The Member may cancel the membership at any time by providing written notice at least forty-eight (48) hours prior to the next billing cycle.
2. Upon cancellation, the Member’s access to any of the services, including Additional Services, will be terminated.
3. Listings shall be removed within twenty-four (24) hours from receipt of the unpublished notification. However, it should be noted that the removal process from the websites on which they were originally published may require additional time, as such platforms are beyond our direct control.
Pausing the Membership
1. The Member may pause the membership at any time by selecting “Unpublished” on their CRM panel on the website.
2. If a Member wants to republish the listing, he must pay a republishing fee, as detailed in clause I of this Agreement.
3. If the Member decides to pause the membership, access to any Additional Services will be concurrently paused.
Intellectual Property Rights
The Member acknowledges that the Company owns all intellectual property rights related to the Service, including but not limited to trademarks, copyrights, marketing material, and proprietary software. The Member agrees not to reproduce, modify, distribute, or create derivative works based on the Service without prior written consent from the Company.
Severability
In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will still be enforced in accordance with the Parties’ intention.
Termination
The Company reserves the right to terminate or suspend the Member’s access to the Service at any time and for any reason without prior notice. The Member may also terminate their use of the Service by discontinuing its use and notifying the Company.
Your Account
As a registered Service user, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to notify iMarket Listings of any security breach of your Account immediately. You further acknowledge and agree that the Service is designed and intended for personal use individually, and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, iMarket Listings shall not be responsible for any losses arising from unauthorized use of your Account resulting from you not following these rules.
To use the Service, you must enter your user id and password to authenticate your Account. You agree to provide accurate and complete information when you register. As you use the Service (“Service Registration Data”), you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current, and complete Service Registration Data may result in your Account’s suspension and/or termination. You agree that iMarket Listings may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Limitation Of Liability
The Company shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from or in connection with using the Service. The Member agrees to use the Service at their own risk and acknowledges that the Company does not guarantee the accuracy, reliability, or availability of the Service.
You agree to defend, indemnify and hold iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
iMARKET LISTINGS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM:
1. iMARKET LISTINGS’ FAILURE TO USE REASONABLE SKILL AND DUE CARE
2. iMARKET LISTINGS’ GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FRAUD
3. OR DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF iMARKET LISTINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OR INABILITY TO USE THE SERVICE.
2. ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF.
3. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE.
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
6. AND ANY OTHER MATTER RELATING TO THE SERVICE.
Liability Clause for Photography Services
(Third-Party Sub-contractor)
The Company engages third-party contractors for photography services and explicitly states that it does not bear any responsibility for losses or damages incurred during or as a result of these services.
The Member acknowledges and agrees that the third-party contractors are independent entities solely accountable for their actions and equipment.
The Member is responsible for obtaining their insurance coverage for potential risks.
By signing the agreement, the Member releases iMarket Listings from any liability related to the photography services or any other services provided by the third-party contractors.
Ownership
The Parties agree that all products created by the Company will remain the Company’s exclusive property as long as it is relevant to the performance of the Services outlined in this Agreement.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
iMARKET LISTINGS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
iMARKET LISTINGS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME, iMARKET LISTINGS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, iMARKET LISTINGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
iMARKET LISTINGS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iMARKET LISTINGS DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Indemnification
You agree to defend, indemnify and hold iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
1. Any Content you submit, post, transmit, or otherwise make available through the Service
2. Your use of the Service
3. Any violation by you of this Agreement
4. Any action taken by iMarket Listings as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred
5. Or your violation of any rights of another.
This means that you cannot sue iMarket Listings, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of iMarket Listings’ conclusion that a violation of this Agreement has occurred.
This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless iMarket Listings from and against any and all claims and demands arising from using your Account, whether or not you expressly authorize such usage.
Privacy And Data Protection
The Member’s privacy is essential to the Company. The Company will collect, use, and protect the Member’s personal information in accordance with its Privacy Policy, which is available on the Company’s website. Using the Service, the Member consents to collecting, using, and disclosing their personal information as the Privacy Policy outlines.
Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and iMarket Listings shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and iMarket Listings agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami, Florida, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
If you are a citizen of Japan, the governing law shall be Japanese law, and the forum shall be Tokyo, Japan.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Entire Agreement
This Agreement constitutes the entire agreement between you and iMarket Listings, governs your use of the Service, and completely replaces any prior agreements between you and iMarket Listings in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force, and effect. The failure of iMarket Listings to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Electronic Contracting
Your use of the Service includes entering into agreements and/or making transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. To access and retain your electronic records, you may be required to have specific hardware and software, which are your sole responsibility.
By accepting these terms, the undersigned declares that they have thoroughly read and understood all the clauses and rules outlined herein and hereby affirms their acceptance of said terms.