Terms of Service

Welcome to the FastSnap™ Web site, provided to you by FastSnap.com™. The following are the Terms and Conditions of Use ("Agreement") of the FastSnap service (each feature individually and collectively referred to as the "Service"). Please read them carefully. The Service is provided to Registered Users ("You" and "Your") under the terms and conditions of this Agreement. The term "Users" includes both Buyers and Sellers of on-location photographic services, and anyone else who accesses information on the FastSnap site for any purpose. If you are a Seller ("Service Provider" or "Photographer"), you must additionally agree to the Terms of Service for Sellers of On-Location Photo Services. By completing the registration process, and clicking on the "Create Account" button on the registration form, You agree to be legally bound by all of the terms and conditions of this Agreement, including any modifications to this Agreement. If You do not agree with any of the terms and conditions set forth in this Agreement, do not click on the "Create Account" button on the Registration form. 1. Description of Services The purpose of FastSnap is to facilitate the rapid delivery of photographic images between businesses or individuals that need to view various kinds of real and personal property ("Buyers") at a specific address ("Property Location") and businesses or individuals who are willing to provide on-location photo services ("Sellers", "Service Providers", or "Photographers"). FastSnap connects Buyers and Sellers of on-location photo services by providing an exclusive Directory of Photo Service Providers ("Directory"). By assisting Sellers in finding Buyers in need of services, FastSnap is considered the "Official Finder" for each project accepted through the site, and charges transaction fees for providing this Service. All applicable transaction fees are included in prices quoted for all Services. The Directory is populated with information from Service Providers themselves. FastSnap does not confirm or verify the qualifications, background, abilities, or availability of the Service Providers listed in the Directory. At the time You place a request for Service ("Order"), You will be shown a list of all Photographers in the Directory who have agreed to accept assignments in the zip code provided for the Property Location. You will also be shown the estimated fees that will be charged upon completion of the Order, and the estimated date upon which the Order should be completed ("Due Date"). It is Your sole responsibility as Buyer to select the service provider that you want to complete the Order. FastSnap agrees to contact the Seller that you have selected and provide all necessary support to ensure that the images are returned to You on or before the Due Date. You understand and agree that we cannot guarantee that Orders will be filled on or before the Due Date. However, if Priority Service is ordered, we promise that You will only pay for Priority service if your images are actually delivered on or before the due date of your request. This period does not include the date on which your request is made, nor does it include weekends or holidays, and is not limited or restricted to Your normal business hours. Buyer acknowledges that We cannot guarantee that the Photographer will be able to access the entire premises at the Property Location, and Buyer is still responsible for payment of the Service Fees for any image we provide You in fulfillment of Your request, even if we are unable to provide all the images You requested. Furthermore, if the Property Location You requested is a wrong address, you agree to pay the Service Fees whether or not the Property Location actually exists. You agree that once a request is placed with the service, it cannot be cancelled. In Your use of the Service, You are responsible for providing the following: (1) all equipment, such as a computer and modem; (2) Your own access to the World Wide Web; and (3) payment of all access charges associated with such access. You agree that FastSnap can charge the Credit Card Account submitted or on file for the Service Fees in effect at the time of Your request. Service Fees may be viewed elsewhere on this site and may be changed by FastSnap at any time. In Your use of the Service, You warrant that you have a legitimate business interest in placing an order for service, and that any request for privately-owned property is made with the express permission, and full knowledge, of the property owner. If you indicate that contact is required with any owner, tenant, agent or property manager in order to obtain the images, the Photographer will make no more than 2 phone calls to the number requested. Furthermore, the Photographer will not call any number other than the one provided when You make the request. It is Your responsibility to ensure that the number You provide is the correct number for the contact person, and that the contact person is aware that someone will be calling them to arrange for the photo service. If the Photographer does not receive a response within 48 hours, he may proceed to the Property Location and attempt to acquire the images in fulfillment of Your request. The Photographer will make only one visit to the Property Location and take as many images as possible. The Photographer will not return a second time to the same Property Location on the same request. It is your responsibility to advise all interested parties that a time sensitive request has been made, and to elicit the cooperation of all parties. If You believe that the image or images provided to You are not of the Property Location You requested, FastSnap reserves the right to make another attempt to obtain the requested photos, or to issue a credit to the customer's charge card, or to issue a refund check to the customer. 2. Registration Information You will promptly notify FastSnap of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or e-mail address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information". Our policy regarding the privacy and use of the Registration Information is set forth in our Privacy Policy, which may be modified and amended by FastSnap from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy. You agree to advise FastSnap of any changes to your credit card information. You understand and agree that we will not post any images until the charge has been accepted by the customer's Credit Card Account issuer. You understand and agree that your Credit Card Account will be charged the full and appropriate payment so long as we attempt to deliver the images to the e-mail address you provided. FastSnap is not responsible for undeliverable messages or images due to a bad e-mail address. FastSnap is not responsible for any consequential damages or liabilities resulting from the images we take at your request, beyond the value of the service provided. 3. Conditions of Use You may use the images for any legitimate purpose associated with any business transaction, and you may forward the images to any other interested party without incurring additional charges. You are solely responsible for the content of all data stored on or retrieved from the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree that you will not use the Service for any illegal purposes. You will not use the Service to store, retrieve, transmit or view any file, data, or image that contains: (1) any false, misleading, fraudulent or illegal pictures, materials or information; or (2) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree to comply with all regulations, policies and procedures of the networks through which You access and use the Service. You agree that you will not access or attempt to access any account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account. You agree that you will not attempt to gain unauthorized access to any servers controlled by FastSnap or decompile, reverse engineer or disassemble any software used in connection with FastSnap. 4. Account and Password After You accept this Agreement and Your registration has been accepted by FastSnap, You will create a password (the "Password") and Your Account will be established. You are entirely responsible for any and all activities that occur under Your Account and Password, whether or not such use was authorized by You. You will notify FastSnap of any unauthorized use or other breach in security of Your Account immediately after You learn of the same. 5. Security of Stored Data and Files FastSnap will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files You store in Your Account. You understand and agree that images will be stored by FastSnap for a period not exceeding 30 days. After 30 days, we may delete any images without notification to you. Any images may be downloaded or printed freely within the 30 day period without incurring any additional charges. You understand and agree that the images remain the property of FastSnap, and that FastSnap may archive, destroy, or resell any image at any time without your consent. 6. Disclaimer of Warranties The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTSNAP, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. FASTSNAP MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA. 7. Limitations of Liability IN NO EVENT SHALL FASTSNAP OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN. 8. Force Majeure FastSnap will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FastSnap. 9. Indemnification You will defend, indemnify and hold FastSnap, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and Content stored by You in Your Account and otherwise on the FastSnap servers and (c) any violation of this Agreement by You. 10. Termination Either you or FastSnap may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if FastSnap believes, in its sole and absolute discretion, that You have violated Your obligations under this Agreement, FastSnap may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on FastSnap's servers and/or terminate this Agreement. FastSnap may, but is not obligated to, provide You with a warning and a time in which to cure prior to suspending the account. FastSnap will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify FastSnap of such termination. Upon any termination of this Agreement, You will cease use of the Service and immediately remove all of Your stored data files from the FastSnap servers. FastSnap may, but has no obligation to, destroy any of Your stored files that are not removed from FastSnap's servers within five (5)-days after termination by You. Should you initiate the termination for any reason, You agree that You are still responsible for charges for any Orders which are still pending and not past due on the Termination Date. 11. Notices Any notice under this Agreement given by FastSnap to You will be deemed to be properly given if sent by e-mail to Your e-mail address as set forth in the Registration Information. Any notice under this Agreement given by You to FastSnap will be deemed to be properly given if received by e-mail sent to FastSnap's Customer Service at service@fastsnap.com or by written communication delivered by first class postage prepaid U.S. mail to FastSnap at P.O. Box 0931, Reseda, CA, 91337-0931. Both FastSnap and You may from time to time change its address for notices under this paragraph by giving the other party notice of the change in accordance with this paragraph. 12. Severability This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement. 13. Modifications to this Agreement The terms and conditions of this Agreement may be changed by FastSnap from time to time. Upon any such change, FastSnap will notify You of such change in accordance with paragraph 11 above and post an updated version of this Agreement on the FastSnap Web site located at http://www.fastsnap.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions. 14. General This Agreement and Your use of the site shall be governed by and construed in accordance with the laws of the state of California, and the federal laws of the United States of America, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the personal and exclusive jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to any dispute arising out of this Agreement or Your use of this site.