Agent Image TV - Terms of Service

Contact Info

Los Angeles Office
1700 E. Walnut Avenue,
Suite 240
El Segundo, CA 90245

1.877.270.0303 - Toll free
310.765.4554 - Intl

Thank you for choosing Agent Image TV. We want to make creating, editing and sharing your videos simple and easy. Before you use our services, we need you to agree to some legal details. There's a lot to read but these are the major points:

• Although rare, we are only able to compensate you up to $100 if your media is lost.
• We are not responsible if the digitization process causes damage or loss to your media.
• You are permitted one revision to your video. Additional revisions and edits will be billed accordingly.
• We are not responsible for uptime and availability of services of third-party video hosting providers such as YouTube, Vimeo, etc.

Here's everything in detail – make sure you read it carefully and write us if you have any questions:

1. Acceptance of the Terms and Conditions.

1.1 Agent Image TV (herein referred to as the "Agent Image TV," "we,""us" or "our"), a real estate video service of The Design People Inc., provides and makes available this website and its video editing, sharing and hosting services (the "Services"). All use of the Services is subject to the terms and conditions contained in this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully. By accessing, browsing, submitting video or photo material or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Services or submit any material to The Design People Inc.

1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Service" link at www.agentimage.tv. The revised terms and conditions will become effective at the time of posting. Any use of the Services after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

2. Use of the Services.

2.1 This Website contains material, including but not limited to videos, software, text, graphics and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with thirdparties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

2.2 The trademarks, service marks, and logos (the "The Design People Inc. Trademarks") used and displayed on this Website are registered and unregistered trademarks or service marks of The Design People Inc. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with The Design People Inc. Trademarks, the "Trademarks"). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of The Design People Inc. specific for each such use. The Trademarks may not be used to disparage The Design People Inc. or the applicable third-party, The Design People Inc.'s or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without The Design People Inc.'s prior written consent. All goodwill generated from the use of any The Design People Inc. Trademark shall inure to The Design People's benefit.

2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Website's infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (4) delete or alter any material posted on the Website by The Design People Inc. or any other person or entity, or (5) frame or link to any of the materials or information available on the Website.

2.4 The Website contains links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

2.5 Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Website may be retransmitted without the express written consent from The Design People Inc. for each and every instance.

2.6 You may submit certain material to The Design People Inc., including without limitation, videos and photos, both in physical and digital format, as part of your use of the Services ("Submissions"). Under this Agreement, you agree that you will NOT submit, post, place or transmit any of the following material or obtain any such material using the Services:

• Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
• Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
• Any material sent from an anonymous or false address
• Any material that promotes bigotry, racism, hatred or harm against any individual or group.

2.7 While The Design People Inc. is not responsible for, and does not review or comment on the content of Submissions provided by Agent Image TV users, The Design People Inc. reserves the right in its discretion to (i) return, delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that The Design People Inc. deems necessary relating to use or misuse of Agent Image TV Services. The Design People Inc. may request confirmation of the copyright or trademark ownership from the submitter. If The Design People Inc. does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, The Design People Inc. reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, The Design People Inc. reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to The Design People Inc. a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering Agent Image TV Services. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights. We recommend you keep back-up copies of your Submissions on your hard drive or other computer system. Agent Image TV Services are not intended to serve as a guaranteed backup solution or a replacement for original media. By submitting your physical and digital images and videos to us, you permit us to reprint them for your use. The Design People Inc. will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

2.8 The Design People Inc. is committed to protecting copyrights and expects users of Agent Image TV Services to do the same. Customer declares that all materials submitted to The Design People Inc. for transfer, sharing or other reproduction, are not in violation of any copyright laws. Customer will indemnify and hold The Design People Inc. harmless in respect to any claim of violation of such laws. If you submit materials to The Design People Inc., you must have either created them or have the permission of the copyright owner to duplicate them. If you do not own the copyright, a copyright release form is available by contacting The Design People Inc. and must be included with the order in order to reproduce protected content.

2.9 At The Design People Inc.'s sole discretion, The Design People Inc. may terminate the accounts of users or prevent access to the Services by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us.

2.10 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website or Blog hosted by The Design People Inc. infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA for details). Notices and counter notices with respect to the Website should be sent to The Design People Inc. at:

By Mail:
The Design People Inc. - Los Angeles Office
1700 E. Walnut Avenue, Suite 240
El Segundo, California 90245
By Email: info@thedesignpeople.com
By Phone:
Toll Free: 800.850.7707
Fax: 310.577.9444
Hours: M-F, 6am-6PM PST

3. Limitation of Liability and Disclaimer of Warranties.

3.1 THE DESIGN PEOPLE INC., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS COLLECTIVELY, THE "THE DESIGN PEOPLE INC. PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE DESIGN PEOPLE INC. PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE DESIGN PEOPLE INC. PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO THE DESIGN PEOPLE INC. PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES, WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE DESIGN PEOPLE INC. PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY THE DESIGN PEOPLE INC. PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH THE DESIGN PEOPLE INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE DESIGN PEOPLE INC. TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR SERVICES IS LIMITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DESIGN PEOPLE INC. HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3.3 BY SUBMITTING ANY MEDIA OR MATERIAL TO THE DESIGN PEOPLE INC., YOU REQUEST EDITING AND OTHER SERVICES DESCRIBED. YOU AGREE THAT THE LIABILITY OF THE DESIGN PEOPLE INC., ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. YOU ALSO AGREE THAT THE DESIGN PEOPLE INC., ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO YOU OR A THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.

3.4 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE DESIGN PEOPLE INC. PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification.

You agree to defend, indemnify, and hold harmless The Design People Inc. Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website. The Design People Inc. shall provide notice to you of any such claim, suit, or proceeding. The Design People Inc. reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting The Design People Inc.'s defense of such matter.

5. Termination of the Agreement.

5.1 The Design People Inc. reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, the Website or the Content at any time and for any reason without prior notice or liability. The Design People Inc. reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

5.2 Sections 2 (Use of the Website), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 10 (Miscellaneous) shall survive the termination of this Agreement.

5.3 Client must notify Agent Image TV in writing via email, fax or US Mail (please see 6.1 for contact information) to terminate Services. It is Client's responsibility to secure confirmation that the request for termination has been received and no further fees will be billed. Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. After date of termination request, video file will no longer be accessible to Client. Agent Image TV can provide the relocation of a video file for a fee otherwise, Client agrees that prior to termination it is their responsibility to download their video file and move it to a new location of their choosing. Agent Image TV can further provide the video file on disc to Client for a fee.

6. Cancellation Fee and Refund Policy.

6.1 Refunds of fees paid for video services will only be issued on accounts cancelled within 15 days of the initial sale and at least 48 hours prior to the scheduled video shoot according to the following schedule:

A) A minimum of a 25% cancellation fee will be retained on cancelled accounts even if no work has been started and no content has been submitted by Client.

B) A minimum of a 50% cancellation fee will be retained on cancelled accounts if account is cancelled within 48 hours of scheduled video shoot.

C) A 100% cancellation fee will be retained and NO REFUND issued once our videographers have come to your location and initiated filming production.

D) 100% cancellation fee will be retained and NO REFUND will be issued if Client cancels after 90 days from the initial sale. MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 25% will be retained even if no work has been started. The cancellation fee is charged to compensate for up-front expenses and services rendered, including but not limited to, employee expenses, marketing, and overhead costs.

ENHANCEMENT SALES - A 100% cancellation fee will be retained and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, video disc, expedited production, multiple shoot locations, custom watermark, etc. Client agrees that a minimum cancellation fee of 50% will be retained on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled. Refund requests must be made in writing and will be accepted via email, fax or US Mail (please see contact information below), within 90 days or less from the date of sale. Refunds will be made in accordance with the above refund policy. It is Client's responsibility to secure confirmation that the request for a refund has been received. Refund requests sent after 90 days will not be accepted.

Please submit your cancel and/or refund request in writing via one of the following methods:
Email: info@AgentImage.TV
Fax: (310) 577-9444
US Mail: Agent Image TV, a division of The Design People, Inc.
Attn: Cancels Department
1700 E. Walnut Avenue, Suite 240
El Segundo, CA 90245

6.2 Cancellations / Rescheduling the Video Shoot Cancellation or Rescheduling of shoot within 48 hrs of scheduled appointment will result in a $100 cancellation fee. If a credit or debit card was use to make original purchase, the $100 fee will automatically be charged to the same card within (one) 1 business day of rescheduled or cancelled video shoot. For any other payment methods, an invoice will be sent to the email address and/or physical address provided on the order form on date of purchase. Payment is due within 30 calendar days from date of invoice. Failure to provide payment will result in Client information being sent to a collections agency.

7. Billing Policy and Additional Fees.

7.1 The initial Services set-up fee is due and billed in-full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing pursuant to the original invoice.) Monthly plans are billed every 30 days, unless the Client cancels in writing. Monthly fees will not be pro-rated upon cancel. The amount of the initial Services set-up fee and monthly fees are detailed on the original order form confirming amounts of sale. Agent Image TV reserves the right to change prices at any time including monthly amounts.

7.2 The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact the Accounting Department at 1-800-492-6777 or billing@thedesignpeople.com. Client should not email new billing information for security purposes.

7.3 It is the Clients responsibility to keep their address, email, phone number and additional information up-to-date. Client may contact the Accounting Department at 1-800-492-6777 or billing@thedesignpeople.com to update records.

7.4 Default in Payment
If Client defaults payment for more than 30 days from invoice date, Client information will be sent to a third party Collections agency to collect amounts due. The Design People, Inc., including all of its divisions and subsidiaries do not assume any responsibility for the practices of third party agencies. All intellectual property will be retained by Agent Image TV until balance is paid in full.

7.5 Payment Methods
Agent Image TV accepts payment via wire transfer, check, credit card and EFT debit from Client's bank account. Upon Client's uthorization of payment to Agent Image TV via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.

7.6 Billing Disputes
If Agent Image TV does not receive payment in full when due, Agent Image TV may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Agent Image TV may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney's fees billed to Agent Image TV for collecting unpaid amounts due and owing from Client. Agent Image TV will not honor limiting notations made by a Client on a check. If Client wishes to dispute a charge, Client must first contact in writing and allow ten (10) business days for a response. To avoid any dispute about Client's attempt to contact Agent Image TV, requests must be made via email, fax or US Mail (please see 6.1 for contact information). If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.

7.7 Additional Fees
Agent Image TV pricing assumes that the filming location be within one (1) hour standard driving radius from a distinct Metropolitan area of at least 10,000 residents as per the latest published Governmental Census. If Client video shoot location does not meet this criteria, a $100 fee will be charged if Client accepts the charges to proceed with an extended distance filming location charge.

8. User Must Comply with Applicable Laws.

8.1 This Website is based in El Segundo, CA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

8.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

9. U.S. Government Restricted Rights.

The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.

10. Miscellaneous.

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of El Segundo in the State of California. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of The Design People Inc. to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against The Design People Inc. unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by The Design People Inc. and you, this Agreement constitutes the entire Agreement between you and The Design People Inc. with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Website might be publicly accessible. Important and private information should be protected by you. The Design People Inc. is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.