Last updated: August 19, 2021

Please read these terms and conditions carefully before using Our Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Service or parts of our Service.

• Country refers to: California, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Stephen Sugg Photo and Video LLC, 881 Sneath Lane, Suite 201 San Bruno, CA 94066.

• Orders mean a request by You to purchase Services from Us.

• Services refer to any service or product provided by Company whether fulfilled at an appointment, or through Our Website, Our online platform, and/or associated third parties. These Services include but are not limited to the creation of photographs, videos, virtual tours, single listing websites, floor plans or any other marketing material created by Radiant Photo Video.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party social media service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

• Website refers to Radiant Photo Video.com, accessible from www.radiantphotovideo.com

• You (also referred as "Client") means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You don't agree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Service

By placing an Order for Services through the Website, You warrant that You are legally capable of entering into binding contracts.

You will not be charged when you place an order but we do require a credit card on file in order to schedule services. Your credit card will be charged once marketing materials are delivered or if there is a cancellation.

Your Information

If You wish to place an Order for Service available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Reschedule or Cancel Appointments

If you reschedule or cancel within 24 hours before the appointment there is no charge. If you have to reschedule or cancel within 24 hours of your appointment there is a $100 fee.

If you need to make changes to your appointment, use the online scheduling platform or you can call or text 415-515-1911 or email info@radiantphotovideo.com as soon as possible.

In order to cancel Services without being charged, you must provide us with written notice of cancellation at info@radiantphotovideo.com no later than 24 hours prior to the scheduled on-site portion of the Services. Otherwise, our cancellation policy applies.

At The Shoot

We expect the property to be photo ready for the time you set your appointment for. If we must wait longer than 15 minutes for it to be prepared, or to be let into the property, a $25 fee applies. If we must wait 30 minutes or more the shoot is entirely canceled and $100 fee will be assessed.

Clients are expected to have the property cleaned and staged completed prior to the photo shoot. All properties will be shot “As Is.” Your input is welcome when choosing the best rooms and angles to photograph but absent your input, the Company's interpretation shall be deemed acceptable. The Company will use their judgment to decide how best to photograph the property.

If We deem the property site unsafe, we may cancel the Services and the Customer will be responsible for a cancellation charge.

Reshoot Policy

Reshoot and/or additional shoot date requests based on Client preferences are subject to a fixed hourly rate of one hundred and fifty dollars ($150 USD) per person per hour.

Fees may be waived for reshoot requests based on technical error(s). Company reserves the right to determine if requests are based on Client preferences or technical error(s). Reshoots are subject to Company availability based on a first come, first served basis.

Production Timeline

Client understands and agrees that creating quality content takes time. Rush photo editing and rush video editing services are subject to additional fees. Unpredictable and uncontrollable delays can affect or jeopardize the production schedule and delivery turnaround times. Should production proceed as normal without significant delays or postponement, our expected turnaround times for delivery are as follows:

5pm the following day after the shoot:​ Photographs, Twilight and/or Virtual Twilight Photographs, 3D Virtual Tours and Floor plans

Two business days:​ Single Listing Websites, Videos, Photo revision requests and Video revision requests

Payments

You must pay for Radiant Photo and Video services after the marketing materials we create are delivered to you. Our rates and cancellation fees are listed in our Pricing section on our website.

We reserve the right to require full payment in advance for the contracted Services for each project.

Domain names and any other 3rd party costs cannot be refunded.

Travel charges of $50 per hour for properties over 40 miles outside the service area may be applied at our discretion.

Matterport links are “live” for 3 months, then archived. They can be reactivated every 3 months for $50 or transferred to an account of your choosing at no charge.

We will host the website for one year at no additional cost. If Customer wishes to have the website hosted longer, Customer must request continued hosting prior to the first anniversary of the domain registration and must pay our then-current hosting fees.

Radiant Photo and Video can require payment before confirming Services, otherwise all invoices are net fifteen (15) days of Order completion.

Interest of 1.5% per day may be charged on past due accounts over forty-five (45) Days.

If any phase of an Order is delayed for longer than fifteen (15) days, Radiant Photo and Video will bill for all work completed to that point.

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

User Accounts

When You create an Account with Us, You must provide complete and accurate information current at all times. If you provide false information your account will be terminated.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party social media service.

You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

Rights and Usage

All images produced for a Client may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self promotion. The photos may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed.

Ownership of the images remains with the Company and license is granted only to the Client and Client’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the Company.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service at any time.

Accuracy of Content

All content, including but not limited to photography, videography, virtual staging, and Matterport, on Our Website is for real estate marketing purposes only.

Radiant Photo Video does not guarantee the accuracy of any content posted on the website, and expressly disclaims any liability for reliance on any content on the Website by any real estate professional, buyer, seller, or any other third party using the Services.

Independent Business

Parties acknowledge that Company operates its own independent business and is providing Services for or in connection with Client as an independent contractor and is not work for hire.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the Company's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

(i) any violation by You of these Terms of Use or

(ii) any activity related to Your Account, be it by You or by any other person accessing Your Account with or without Your consent.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If unable to resolve, You agree the dispute be arbitrated in San Francisco, CA under rules of the American Arbitration Association and the laws of California; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.

Any Dispute not resolved through negotiation or mediation be adjudicated in San Francisco, CA under the laws of the United States and/or of California.

In the event of a dispute, Client shall pay all court costs, Company's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Company

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 15 days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@radiantphotovideo.com