STAGING TERMS AND SERVICE

TERMS AND SERVICE

This TERMS OF USE AGREEMENT constitutes a legally binding contract made between Studio JLR LLC (“we,” “us,” “our,” “Studio JLR”) and you in regards to your access and use of the Studio JLR website and services. It is important that you read and understand the terms and conditions included in this Agreement. By accessing the site and its services, you agree to be bound by this agreement.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS SITE OR ITS SERVICES.

This agreement provides important information to you including…

Your obligations regarding your use of the site and its services
Our limitation of liability to you
Your agreement to waiver the right to participate in a class action
Your agreement to resolve any dispute by individual arbitration

CHANGES TO THE SITE OR TERMS

We reserve the right to, at any time...

Change the terms and conditions of this agreement in a manner consistent with applicable law
Change the site, including the removal and/or discontinuing of information and services
Deny and terminate your use of and/or access to the site

Any changes made to the Terms and Conditions will be effective immediately once the changes are made available on the site. You agree that by continuing to use the site after these changes have been made, you accept the new Terms and Conditions. Notice of such changes will be disclosed on the site or in another reasonable manner. Such notice will be made at our discretion.

IF YOU DO NOT AGREE WITH ANY CHANGES MADE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD CEASE YOUR USAGE OF THE SITE.

Ensure that you remain familiar with the most current iteration of this agreement by returning to this page periodically.

ELIGIBILITY

By using this site or its services, you acknowledge that you are over the age of 18 years old. If you are not at least 18 years of age, you may not use the provided services.

You acknowledge and agree that any personal information provided by you through the use of our services will be treated in the manner described in our Privacy Policy. Our Privacy Policy is incorporated into this agreement and you agree to its terms.

SERVICES

The information/content provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or county where such distribution or use would be contrary to law, regulation, or which would subject us to any registration requirements within such jurisdiction or county.

Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

SERVICE TIERS

Studio JLR offers two tiers of service, STANDARD and PRO. Through your use of any of these services you agree to the terms and conditions associated with each tier as shown below.

STANDARD TIER

Acceptable submissions consist solely of empty, prepared rooms in good condition with proper lighting. Rooms that include any of the following will NOT be accepted and will risk the submission being rejected.

Furniture and personal items that would need to be removed
Dirty rooms that require cleaning
Rooms that need repairs to the walls, floor, ceiling or any other visible elements
Rooms that need new paint on the walls, floor, ceiling or any other visible elements
Photos with poor and un-usable lighting
Photos that fail to show the applicable room scale

PRO TIER

Acceptable submissions consist solely of good condition rooms with good lighting. Images with personal items and furniture are acceptable, as they will be removed in a manner consistent with the level of service.

Rooms that include any of the following will NOT be accepted and will risk the submission being rejected.

Rooms that need repairs to the walls, floor, ceiling or any other visible elements
Rooms that need new paint on the walls, floor, ceiling or any other visible elements
Photos with poor and un-usable lighting
Photos that fail to show the applicable room scale

If the level of visible personal items are deemed excessive in a manner that obscures or prevents the service from being complete, then it also RISKS REJECTION of the submission.

We do not warrant or guarantee that the services (STANDARD or PRO) are entirely accurate, complete, reliable, current or error-free. Studio JLR reserves the right to reject any submission at our discretion.

Studio JLR strives for accuracy in pricing for the services offered. However, occasional errors or mistakes may cause inaccurate prices to appear on the site. We have the right to void any purchases that display an inaccurate price.

REJECTED SUBMISSIONS

If, for any reason, your submission fails to meet the requirements set forth for each service tier above, it will be at risk of rejection.

In the event of a rejection, the cost of submission for each rejected image will be reimbursed. If the service was purchased in a bundle of two or more images, only the rejected images will be returned. Eligible submissions will continue through the service as intended.

In the case of a submission rejection, you will be contacted with the following:

The refund process for failed images
The reason for rejection
A recommendation for which tier the submission should be returned to (if applicable)

LICENSE FOR MARKETING

Studio JLR offers you, the user, the ability to opt out of our use of your submitted images and our resulting work for promotional processes.

By failing to opt out, you grant Studio JLR…

A non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, process, adapt or modify, display publicly, and prepare derivative works

This includes, but is not limited to…

Virtually staged photos that display rendering of items that have been viewed and/or purchased by members of the public
Have advertisements placed on the virtually staged image

You also grant us the right to…

Publish, transmit and distribute the content in any format, media or distribution method throughout the world.

Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent of the law. Additionally, to the extent permitted under applicable law, you…

Waive and release and covenant not to assert any moral rights that you may have in any content provided by you
Agree to pay for all royalties, fees, damages and any other monies owed to any person by reason of any content submitted to you on this site.

Studio JLR acknowledges and agrees that you and your applicable licensors, retain ownership of any and all copyrights in the content, which is subject to the non-exclusive rights granted to Studio JLR. No ownership of such copyrights are transferred to Studio JLR under these terms.

In regards to content in the form of photos…

Studio JLR will only use submitted images for business purposes only and will not license these images to third parties
- Business Purposes are intended for use in connection with the Studio JLR website, its application, publication or services
- Any use which may advertise, market or promote the site and its services

By submitting any content on the site or through its services, you warrant that you own or have the right to use (and permit us to use) and license any content in the stated manner of this agreement. If you provide a photo that includes the image of any person, you must first obtain permission or a release from said person (or their parent/legal guardian) to use their image. In doing so you permit us to use it as stated in this agreement.

YOU MUST BE THE OWNER OR LICENSEE OF THE COPYRIGHT IN THE IMAGE, WITH THE RIGHT TO PERMIT US TO USE IT AS STATED IN THIS AGREEMENT.

If you submit a photo of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you must first obtain permission or release from the owner of said copyrighted material to reproduce and adapt their work. In doing so you permit us to use it as stated in this agreement.

YOU MUST BE THE OWNER OR LICENSEE OF THE COPYRIGHT IN THE IMAGE, WITH THE RIGHT TO PERMIT US TO USE IT AS STATED IN THIS AGREEMENT.

RESPONSIBILITY OF SALES

Studio JLR and its services offer speculative images for what a submitted space may look like. As such, a tag or disclaimer shall be attached with each purchased image stating that the image is virtually staged. If an image is delivered without a tag or disclaimer attached, it is still your responsibility to add such a disclaimer.

Studio JLR is not responsible for the failure to disclose the image as virtually staged, regardless of an error in the provision of our service or your failure to disclose property disclaimers. This may include, but is not limited to…

Failure to tag an image as virtually staged
Cropping an image to hide the tag disclosing the image as being virtually staged
Failure to pair said virtually staged image with it’s “before” image
Failure to disclose an accurate representation of the space’s current state including, but not limited to…
- Need for repairs, paint, furniture, and cleaning

Using our services in an attempt to mislead viewers is prohibited and a violation of this agreement. By using our services you agree that you will represent our work in the proper manner.

OWNERSHIP

This site is owned and operated by Studio JLR. Any information and services provided are, and will remain, the property of Studio JLR, including any intellectual property or other rights. The information and services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, modify, adapt, translate, republic, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the site or its services and information without our prior written permission except as stated in this Agreement.

The site, and its information/services may be used solely:

To the extent permitted in this agreement
As expressly authorized in writing by Studio JLR

Use of the site, services or information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the site, services or information.

The trademarks, logos and services displayed on the site are the registered and unregistered trademarks of Studio JLR. Nothing contained in this Agreement or the site should be construed as

granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the express written permission of Studio JLR, except as set forth in the following paragraph.

You acknowledge and agree that all rights in and to the Studio JLR trademarks are our exclusive property. You will not take any action that is in conflict with our rights or ownership of any of our trademarks.

PROHIBITED ACTIVITIES

You may not access or use the site and its services for any purpose other than that for which we made the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our services you agree not to…

Systematically retrieve data or other content from the site or services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Studio JLR
Trick, defraud or mislead us and other users
Circumvent, disable or otherwise interfere with security-related features of the service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the services and/or the content
Disparage, tarnish or otherwise harm us and/or the services
Use any information obtained from the services in order to harass, abuse, or harm another person
Make improper use of our support services or submit false reports of abuse or misconduct
Use the services in a manner inconsistent with any applicable laws or regulations
Engage in unauthorized framing of or linking to the services
Upload or transmit (or attempt to transmit) viruses, Trojan horses, or other materials that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the services
Engage in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
Delete the copyright or other proprietary rights notice from any content
Attempt to impersonate another user or person
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism including, without limitation, clear graphics interchange formats, web bugs, cookies or other similar devices
Interfere with, disrupt or create an undue burden on the services or the networks connected to the service
Harass, intimidate or threaten any of our employees or agents engaged in providing any portion of the services to you
Copy or adapt the services software
Except as permitted by applicable law… decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the service
Make any unauthorized use of the services, including collecting user information for the purpose of sending unsolicited email
Use the services in an effort to compete with us or our services

REPORT OF VIOLATIONS

If you believe that the content on the site violates applicable law (other than copyright or trademark violations), you may submit a claim to info@studiojlr.com. Studio JLR may consider a takedown request of this nature but is not obligated to respond.

FEEDBACK

Studio JLR welcomes your feedback and suggestions on how we can improve either our site or its offered services. You are free to contact us with suggestions at info@studiojlr.com. By choosing to contact us and submitting your feedback in this, or any other manner, you agree to grant us the right to use, disclose, and otherwise exploit this feedback at our discretion. This may be done in whole or in part of any given feedback, without restriction or compensation to you.

TERMS AND TERMINATION

This agreement is effective from the date you first access and/or submit any information to Studio JLR (whichever occurred earlier) and shall remain effective until termination in accordance with its terms. Certain violations, as determined by Studio JLR, may result in an immediate termination of this agreement and/or your access to and use of the site and its services without prior notice.

This agreement will also automatically terminate if you fail to comply with any of the terms included within this agreement. Upon termination of this agreement by either party, your right to use the site and its services shall immediately cease. You are required to destroy all copies of information you may have obtained from the site, whether made under the terms of this agreement or not.

All disclaimers, limitations of liability, indemnitees, Studio JLR right of ownership and licenses to Studio JLR shall survive any termination.

We reserve the right to, at any time, modify and/or discontinue the site in a temporary or permanent manner, in any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the site, its services, or any part thereof.

Nothing in this agreement shall be construed to obligate Studio JLR to maintain and support the site, or any part thereof, during the term of this agreement.

DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STUDIO JLR TO YOU.

THE SITE, SERVICES, AND INFORMATION PROVIDED BY STUDIO JLR ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, STUDIO JLR ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS OF THE SERVICE’S CONTENT, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

STUDIO JLR ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR THE PRODUCT DESCRIPTIONS OR PRODUCT.

LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STUDIO JLR TO YOU.

“STUDIO JLR ENTITIES” MEANS

STUDIO JLR, LLC.
ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS
THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM.

EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO JLR ENTITIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFIT, REVENUE, DATA OR OTHER DAMAGES (EVEN IF WE HAVE BE ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES), ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS SERVICES. YOUR USE OF THE SITE, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

INDEMNIFICATION

You agree to fully indemnify, defend, and hold Studio JLR, our subsidiaries, affiliates, suppliers, agents,and successors, and our/ their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, demands, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:

Use of the site and service
Your breach of these legal terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Your negligent or willful misconduct

Notwithstanding the foregoing, we reserve the right to, at your expense, to assume the exclusive defense or control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice:

The Services are provided by Studio JLR LLC. If you have a question or complaint regarding the Service, please contact Studio JLR at info@studiojlr.com.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

SUPPLEMENTAL TERMS FOR CERTAIN SERVICES

Certain services offered on the site may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements and participation in brand services require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.

ADDITIONAL APPLICATION TERMS

If you access the Site through a Studio JLR application, you acknowledge that this agreement is between you and Studio JLR only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

CONTROLLING LAW AND JURISDICTION

This Agreement will be interpreted in accordance with the laws of the United States of America and the state of Washington, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a United States District Court for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision below, does not apply.

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy, claim related to these legal terms brought by either you or us, the parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

BINDING ARBITRATION

If you and Studio JLR are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

You acknowledge and agree that both you and Studio JLR are waiving the right to a trial by a jury or to participate as a plaintiff as a class member in any class action proceeding. Additionally, unless you and Studio JLR agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as stated in the preceding sentence, this “Dispute Resolution” section shall survive any termination of this Agreement.

In no event shall any dispute brought by either party related in any way to the services be commenced more than one (1) year after the cause of action arose. If this provision is found to be unenforceable or illegal, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable. As such, disputes shall then be decided by a court of competent jurisdiction located in the section “ARBITRATION LOCATION AND PROCEDURE” and the parties agree to submit to the personal jurisdiction of that court.

RESTRICTIONS

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law:

no arbitration shall be joined with other proceedings
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The parties that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitrations:

Any disputes seeking to enforce or protect any of the intellectual property rights of a party
Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use
Any claim for injunctive relief

If this provision is held unenforceable or illegal, then the entirety of this “Dispute Resolution” section will be deemed void. Except as stated in the preceding sentence, this “Dispute Resolution” section shall survive any termination of this Agreement.

ARBITRATION RULES AND GOVERNING LAW

Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this dispute resolution section.

(The AAA Rules are available at http://www.adr.org or by calling the AA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation of this section.

ARBITRATION PROCESS

A party who desires to initiate the arbitration process must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.

If the parties are unable to agree upon an arbitrator within 7 days of the Demand for Arbitration being delivered, then the AAA will appoint the arbitrator in accordance with AAA Rules.

ARBITRATION LOCATION AND PROCEDURE

Unless you and Studio JLR agree otherwise, the arbitration will be conducted within Clark County, Washington. If your claim doesn’t exceed $10,000, then the arbitration will be conducted solely based upon the documents you and Studio JLR submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary.

If your claim does exceed $10,000, the AAA Rules will determine your right to a hearing. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION

The arbitrator will render an award within the timeframe specified by the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions from which the arbitrator has based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

MISCELLANEOUS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”).

These Legal Terms and Agreement constitute the entire agreement and understanding between you and Studio JLR and supersedes any and all prior written or oral agreements between you and Studio JLR with respect to such subject matter. This Agreement may not be changed, waived or modified except by Studio JLR as provided herein or otherwise by written instrument signed by Studio JLR.

Neither this Agreement nor any right or obligation is assignable, transferable, delegatable, or sublicensable by you except with Studio JLR's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Studio JLR may assign, transfer, or delegate this Agreement or any right or obligation at its sole discretion. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such rights or provision. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute these Legal Terms.

This Site is operated by:

Studio JLR LLC