Terms of Use

TERMS OF USE AND CONDITIONS

Thanks for choosing pictureplan-it! Real Estate Marketing and Jeneric Group, LLC (‘pictureplan-it! Real Estate Marketing’, ‘we’, ‘us’, ‘our’). By registering for a new account and/or using an existing registered account at www.pictureplanit.com (‘Site’, ‘SITE’), using the pictureplan-it! Real Estate Marketing service, websites, and software applications or accessing any content or material that is made available by pictureplan-it! Real Estate Marketing through this website applicable or any virtual tour links provided by us, you (‘Client’, ‘you’, ‘your’) are entering into a binding contract with pictureplan-it! Real Estate Marketing and Jeneric Group, LLC

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to including our Copyright Policy). If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on our website www.pictureplanit.com. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the pictureplan-it! Real Estate Marketing services, website or applicable virtual tour links, photos, or floorplan renderings.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.

COPYRIGHT

All pictureplan-it! Real Estate Marketing and Jeneric Group, LLC images are copyrighted and remain intellectual property of said companies.

We are committed to protecting the interests, intellectual property rights, and livelihood of our company and photographers.

The client who purchases photography, floorplan services or a virtual tour package from us are granted Temporary Usage Rights to use those images to market the property in the MLS/BLC listing service until the property has been sold or goes off the market. These Temporary Usage Rights do not give the client/purchaser the right to use images or floorplan renderings in any other virtual tour or marketing platform, or claim the images as one’s own. This is a direct violation of US Copyright Laws. Because copyright infringement is a serious thing, we also treat it as so.

If it is found that a Client/Purchaser has violated or breached our copyright policy or terms of use, the Client will acknowledge that you will have caused harm to our company, and that pictureplan-it! Real Estate Marketing and Jeneric Group, LLC maintains the right as permitted by applicable law to do any or all of the following:

  • Collect the going rate for fully copyright permanent use rights to continue using the images for their marketing purposes including using said images in another marketing company’s materials or tour platform. (not less than $1500)
  • Ask the user to remove the images from the site/source where copyright has been violated.
  • Ask the user to credit pictureplan-it! Real Estate Marketing or Jeneric Group, LLC as the photographer for each image or floorplan rendering.

We also reserve the right to contact your local Board of Realtors/MLS/BLC companies as well as the National Association of Realtors and any other marketing company where our media is used without permission.

Copyrighted materials may include but are not limited to any photo or architectural drawing taken/made by pictureplan-it! Real Estate Marketing and Jeneric Group, LLC.

All photographic images and floorplan renderings are kept for one (1) year or for the life of the listing, whichever is longer. It is at the discretion of pictureplan-it! Real Estate Marketing to provide additional archival storage, use or access for the Client.

PAYMENT

When you, as a registered Client/Purchaser, place an order on pictureplait.com, by phone, email or text/SMS messaging, you will be charged immediately for any applicable fees and or services ordered. This ensures our ability to contact the appropriate party to schedule, confirm and perform services contracted and ordered.

Should you need to cancel your order you may do so online through your account, or in writing via email or letter within three (3) days of placing your order.

The Client must provide account information for at least one valid Payment Method. The Site makes the following methods of payment available on our SSL secured site: MASTERCARD, VISA, AMERICAN EXPRESS, DISCOVER. Pictureplan-it! Real Estate Marketing uses an independent card processor for all payment processing.

Client agrees that any billing errors, or payment disputes must be made within 60 days of the transaction in question to be considered for a refund or credit. All disputes must be made in writing to pictureplan-it! Real Estate Marketing.

Client also agrees that once we charge Client’s designated Payment Method for the Fees as provided in this Agreement, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for Client resolve disputes. Should the Client ask its credit card company, bank, or other Payment Method provider to initiate a chargeback, the Client agrees that pictureplan-it! Real Estate Marketing may dispute or appeal the chargeback and institute collection action against you, the Client.

LEGAL REMEDIES

You and pictureplan-it! Real Estate Marketing agree that any dispute, claim, or controversy between you and pictureplan-it! Real Estate Marketing arising in connection with or relating in any way to these Agreements or to your relationship with pictureplan-it! Real Estate Marketing as a user of our website (www.pictureplanit.com) or services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

WARRANTY DISCLAIMER

pictureplan-it! Real Estate Marketing shall perform contracted and or requested services with reasonable skill and care.

pictureplan-it! Real Estate Marketing makes no express representations or warranties with regard to the site, the site services, work product, or any activities or items related to this agreement. To the maximum extent permitted by applicable law, pictureplan-it! Real Estate Marketing disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of saleability, accuracy, fitness for a particular purpose, title, and non-infringement.

LIMITATION OF LIABILITY

pictureplan-it! Real Estate Marketing is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:

  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services;
  • a suspension or other action taken with respect to your account;
  • your reliance on the quality, accuracy, or reliability of job postings, freelancer profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL pictureplan-it! Real Estate Marketing, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF pictureplan-it! Real Estate Marketing, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER OR CLIENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ANY FEES RETAINED BY pictureplan-it! Real Estate Marketing.

ENTIRE AGREEMENT

pictureplan-it! Real Estate Marketing and/or Jeneric Group, LLC may elect to change offerings and services at any time in their sole discretion.

Other than as stated in this section or as explicitly agreed upon in writing between you and us, these Terms constitute all the terms and conditions agreed upon between you and pictureplan-it! Real Estate Marketing and supersede any prior agreements in relation to the subject matter of these Terms of Use and Conditions, whether written or oral.

Learn more about Copyright Laws:

For US copyright law, please visit the United States Copyright Office website.

Copyright Law FAQ’s, via Getty Images License Compliance.

Realtor (NAR) Magazine article on Intellectual Property.

CONTACT

Any questions about this agreement and the Terms within should be directed to cs@pictureplanit.com