OVERVIEW

 

The following are the terms and conditions (the “Terms”) under which you (a “User” or “you/your”) may use the Company’s Website and co-branded websites of Talaria Property Imaging LLC (“The Company”, “we”, “us”, “Talaria Property Imaging”) at www.talariaimaging.com and/or any other sub-addresses (any or all of which are herein referred to as the “Website”). Talaria Property Imaging provides a range of professional property imaging services, including but not limited to still photography, videography, 3D virtual tours, rendering, and detailed floorplan illustrations for both residential and commercial real estate. Additionally, the Company offers the creation of dedicated property web pages to be used as dynamic digital advertising platforms, enabling real estate professionals and property owners to present listings in an engaging, comprehensive, and easily shareable format.

 

Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

 

In addition to these Terms, you may be required to follow certain specific rules and guidelines that govern particular types of transactions, interactions, or functionalities available through the Website. For example, we may implement additional policies for using certain content, tools, areas, or services provided on or in connection with the Website. These supplemental rules are designed to ensure clarity, protect all parties involved, and maintain a fair and efficient environment. By continuing to access, browse, or otherwise make use of the Website, you acknowledge and agree to comply with all such rules, including those presented separately from or in conjunction with these Terms.

 

USER AGREEMENT

 

By accessing, browsing, or otherwise using the website, you explicitly acknowledge that you have read, understood, and agree to be bound by all terms, conditions, and notices described in these terms and any additional policies or notices that may be posted on the website. Collectively, these terms, along with any supplementary rules, regulations, or guidelines we provide, constitute the “Agreement.” If, at any point, you find yourself unable to accept or comply with any part of this agreement, you should discontinue use of the website immediately. Your continued use signifies your ongoing acceptance and adherence to all current and future terms and conditions set forth in the agreement.

 

SECTION 1. INTENDED AUDIENCE FOR MATERIAL ON THE WEBSITE

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

The content and services presented on this Website are not intended for individuals under the age of majority, and may include material unsuitable for minors. If you choose to allow a child access to your computer and thereby to this Website, it is solely your responsibility to review, monitor, and evaluate all content and services they may encounter. You should take appropriate steps to restrict access if you deem any portion of the Website’s content, subject matter, or services inappropriate for them. Likewise, if you personally find any such content offensive or objectionable, it is advised that you immediately discontinue use of the Website. Your decision to access, and remain on, the Website indicates your acceptance of these responsibilities and acknowledgments.

 

COPYRIGHT PROTECTION

 

All content available on the Website—including, but not limited to, written text (such as articles, blog entries, and descriptions), graphics, images, photographs, audio clips, videos, data, coding, scripts, computer programs, and any other forms of creative expression (collectively, “Material” or “Materials”)—is protected under United States copyright laws and the applicable laws of other countries. Such Materials are owned, licensed, or otherwise controlled by the Company or by third-party licensors who have granted the Company the rights to use their proprietary content. Any unauthorized use, reproduction, distribution, modification, public display, or performance of the Materials may violate copyright and other intellectual property laws, and could subject you to civil and/or criminal liability. We vigorously enforce our rights to protect the integrity and value of our intellectual property. Users are encouraged to seek permission before using any part of the Materials for purposes beyond personal viewing.

 

UNAUTHORIZED USE OF MATERIAL

 

Any use of the Material that is not expressly authorized may constitute a violation of copyright, trademark, or other applicable laws. Under no circumstances may you sell, create derivative works from, alter, summarize, or produce “thumbnails” of the Material—nor may you reproduce, publicly display, publicly perform, distribute, or otherwise exploit the Material for any public or commercial purpose—without first obtaining the Company’s explicit, prior written consent.

 

Furthermore, you are prohibited from using the Material, or any portion thereof, on any other website, publication, database, catalog, compilation, or in any networked computer environment for purposes other than your own personal, non-commercial viewing of the Website. The rights granted to you constitute a limited license, not a transfer of title, and are subject to the following conditions:

 

• Personal, Non-Commercial Use Only: The Material provided on this Website, or on any website owned, operated, licensed, or controlled by the Company or its content providers, is available solely for your personal and non-commercial use. You may print a single copy for personal reference, but you may not copy, reproduce, republish, upload, post, transmit, distribute, or otherwise utilize the Material in any manner, including through electronic means, for commercial gain or public distribution without the Company’s prior written authorization.

 

• Retention of Proprietary Notices: Any permitted copy of the Material you produce must include all original copyright notices, trademarks, and other proprietary markings unmodified and unobscured, preserving the integrity of the Company’s rights.

 

• Prohibition Against Tampering With Digital Watermarks: Some Material may contain digital watermarks or similar technological markers identifying the source and ownership. You agree not to remove, deactivate, reverse engineer, modify, tamper with, or obscure these watermarks or any other technological measures embedded within the Material.

 

All trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of the Company or third parties. You are strictly prohibited from using these Marks in any manner without obtaining express, prior written permission from the Company or the respective third-party rights holder.

 

For inquiries regarding permission to use any of the Company’s Materials on your own website or in other media, please contact us at info@talariaimaging.com.

 

PROHIBITION ON INFORMATION COMPILING

 

The Company may implement technical measures, such as robot exclusion headers, CAPTCHA challenges, and other similar security mechanisms, to safeguard the Website’s functionality, performance, and content integrity. By using the Website, you expressly agree to respect and uphold these measures. Neither you nor any individuals or entities acting under your authority may attempt to bypass, ignore, or disable these protective features.

 

In addition, and without limiting any of the other restrictions outlined in this Agreement, you are strictly prohibited from using any automated or manual tools, such as robots, spiders, data-mining scripts, or other extraction methods, to collect, compile, or harvest information about the identity, addresses, or characteristics of our Users, sellers, or other parties appearing on the Website. You may not reproduce, in original or modified form, any substantial portion of the Website’s content through such automated means.

 

You further agree not to deploy any device, software, or routine that interferes with, or attempts to disrupt, the proper operation of the Website or any transactions taking place on or in connection with it. This includes actions that impose an unreasonable or disproportionately large load on the Company’s servers, networks, or infrastructure. Your continued use of the Website constitutes your commitment to comply with these requirements.

 

AUTOMATIC TERMINATION OF USE

 

If at any time you violate any provision of this Agreement, your permission to access, view, and utilize the Website and its Materials is immediately and automatically revoked. Upon such termination, you must promptly discontinue all use of the Website and permanently erase or destroy any copies of the Materials you have obtained or reproduced, whether in electronic, printed, or any other form. The Company may pursue any additional remedies available under the law to address your breach of this Agreement.

 

DMCA COMPLIANCE AND NOTICE PROCEDURES

 

The Company respects the intellectual property rights of others and expects all Users to do the same. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) of 1998 (17 U.S.C. § 512), we will respond promptly to properly submitted claims of copyright infringement occurring through our services and/or the Website. If we determine, in our sole discretion, that content posted on or through the Website infringes upon another party’s copyright, we may remove or disable access to the infringing material and take further action as appropriate.

 

How to Submit a DMCA Notice of Alleged Infringement

 

If you are a copyright owner or are authorized to act on behalf of one, and you believe that your copyrighted work has been used, displayed, or reproduced on the Website in a manner that constitutes copyright infringement, please send a notice of alleged infringement (“Notice”) to our Designated Copyright Agent. This Notice must include the following information to be considered complete:

 

1. Identification of the Copyrighted Work: Provide a description of the copyrighted work(s) you claim has been infringed. If multiple copyrighted works are covered by the same Notice, you may submit a representative list of such works.
    

2. Identification of the Allegedly Infringing Material: Clearly identify the material or link you claim is infringing (or the subject of infringing activity) and which you request to be removed or access to which is to be disabled. Include, at a minimum, the URL(s) or other specific location(s) on the Website where the alleged infringing material can be found. Without precise and detailed information, we may be unable to locate and remove the content in question.
    

3. Your Contact Information: Provide your full legal name, your company affiliation (if applicable), your mailing address, telephone number, and if available, an email address at which we may contact you.
    

4. Statements of Good Faith and Accuracy: Include the following two statements in the body of your Notice:
   
   “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner of, or authorized to act on behalf of the owner of, the copyright or of an exclusive right under the copyright that is allegedly infringed.”
   
   Provide your physical or electronic signature, such as a typed name at the end of the Notice, which serves as your signature.
    

5. Delivery of Your Notice

 

Once you have completed all the requirements above, please deliver your Notice to the Company’s Designated Copyright Agent:

 

Email: info@talariaimaging.com

 

Please be aware that the information you provide in your Notice may be forwarded to the individual or entity that posted the allegedly infringing content. This exchange of information is necessary for us to evaluate and respond to your claim effectively, and to facilitate a fair process for all parties involved.

 

If you fail to comply with all the requirements set forth above, your DMCA Notice may not be processed or acted upon. The Company reserves the right to take any and all actions deemed necessary, in its sole discretion, to address violations of these Terms, including copyright infringement, and to remove or disable access to disputed content.

 

SECTION 2. PRIVACY AND USER SUBMISSIONS

 

LINK TO PRIVACY POLICY

 

We are committed to protecting your privacy and treating your personal information with care and respect. While we may collect certain details that you choose to share with the Website—such as through registrations, communications, or other interactions—we encourage you to review our Privacy Policy to understand how your information is gathered, used, and safeguarded. By continuing to use the Website, you acknowledge and agree to the terms of our Privacy Policy and the manner in which your data may be handled.

 

POSTINGS TO PUBLIC AREAS

 

The Company may offer sections of the Website that are accessible to a broad audience, including forums, comment sections, chat rooms, message boards, or other interactive features (collectively, “Public Areas”). Any information, content, or communication you submit, post, or transmit to these Public Areas will generally be considered non-confidential, meaning it can be viewed, accessed, and potentially shared by other Website visitors. By using these Public Areas, you acknowledge and accept that the Company has no obligation to maintain the confidentiality of any content you choose to post. Therefore, it is your responsibility to carefully consider what personal or sensitive information you share in these Public Areas. You also understand that once posted, removing or controlling the further dissemination of such content may be difficult or impossible, and the Company is not liable for the actions of third parties who may use or redistribute your posted material.

 

LICENSE TO USE CONTENT YOU UPLOAD

 

By submitting or posting any communication, including written statements, images, graphics, audio, video, or other multimedia content (collectively, “User-Submitted Content”), to any Public Area of the Website, you hereby grant the Company a royalty-free, perpetual, worldwide, irrevocable, and non-exclusive license to use that content in a wide variety of ways. This includes, without limitation, the rights to reproduce, modify, adapt, translate, create derivative works from, publish, edit, distribute, publicly perform, and publicly display such User-Submitted Content, as well as any associated names, trademarks, or likenesses contained therein, whether on their own or as part of composite works. The Company may exercise these rights across all forms of media and platforms, whether currently existing or developed in the future, and may grant these rights to third parties through multiple levels of sublicenses.

 

Please note that similar or additional rights may be conferred to the Company under separate terms or agreements applicable to content that you submit outside of Public Areas. You are encouraged to review the specific terms governing those submissions to fully understand your rights and the Company’s rights regarding such content.

 

RESTRICTIONS ON CONTENT YOU UPLOAD

 

The Company does not pre-screen User submissions and does not assume any obligation to monitor or edit content posted by Users. You, as a User, bear full responsibility for the material you contribute and for any consequences that may result from your submissions. By accessing or using the Website, you agree that you will not use it, or any of the Company’s services or Materials, to:

 

• Infringe on Intellectual Property or Proprietary Rights:
  Post or transmit any content unless you own all applicable patents, trademarks, copyrights, trade secrets, or other proprietary rights associated with that material, or you have obtained explicit permission from the rightful owner to share it on the Website.

 

• Violate Privacy or Publicity Rights:
  Post material that infringes upon or violates the legal rights, privacy, or publicity interests of any individual or entity.

 

• Disseminate Objectionable Content:
  Upload or transmit any content that could be considered obscene, defamatory, libelous, threatening, harassing, abusive, hateful, or otherwise objectionable, including content that could embarrass or offend others.

 

• Share Sexually Explicit Material:
  Post any language, images, or media of a sexually explicit nature.

 

• Advertise or Solicit Unapproved Business:
  Post unauthorized advertisements, promotions, marketing messages, solicitations for business, or other commercially oriented material without the Company’s express prior written consent.

 

• Engage in Fraudulent Schemes:
  Post or transmit any chain letters, pyramid schemes, or other deceptive or fraudulent content.

 

• Impersonate Others:
  Misrepresent your identity by posing as another person or entity, or otherwise mislead others about your affiliation or the origin of your posted content.

 

• Violate Laws or Regulations:
  Intentionally or unintentionally breach any applicable local, state, national, or international laws or regulations while using the Website or engaging with its Materials.

 

• Distribute Harmful Components:
  Upload or transmit any viruses, malware, or other harmful code that may damage, interfere with, or disrupt the operation of the Website, other Users’ systems, or the Company’s servers and networks.

 

• Comment Moderation Policy:
  Certain sections of the Website—such as blogs, news articles, or comment-enabled features—permit Users to share their thoughts and feedback. Each submitted comment may be held for moderation and, if approved, will be made visible to other Users. Approval of one comment does not guarantee that future comments will be posted, and previously posted comments may be removed at any time, either as a result of a User complaint or at the Company’s sole discretion. By submitting comments, you acknowledge the Company’s right to moderate, withhold, or remove such content without prior notice.

 

ACTIONS TAKEN BY THE COMPANY IN RESPONSE TO NOTIFICATIONS

 

If another User or a third party notifies the Company about any communication, posting, or content on the Website that is alleged to violate this Agreement, the Company, at its sole discretion, may investigate the complaint and decide whether to remove, request the removal of, or take other action regarding the reported material. The Company is under no legal obligation to perform such investigations or removals, and will have no liability or responsibility to Users arising from its decision to take—or not take—any such action.

 

The Company reserves the exclusive right to restrict or terminate access to the Website for Users who fail to comply with this Agreement or with any applicable laws. In its sole discretion, the Company may expel such Users from the Website without prior notice. Additionally, the Company may disclose any information it deems necessary to comply with legal obligations, regulations, judicial orders, governmental requests, or as it otherwise considers appropriate. It also retains the right to edit, refuse to post, or remove any content, in whole or in part, at any time and for any reason.

 

THE COMPANY DOES NOT ENDORSE, SUPPORT, VERIFY, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS OR OPINIONS POSTED BY OTHER USERS. ANY RELIANCE YOU PLACE ON USER-GENERATED CONTENT, INCLUDING COMMENTS, IMAGES, OR OTHER SUBMISSIONS, IS DONE WHOLLY AT YOUR OWN RISK. YOU ARE ENCOURAGED TO EXERCISE CAUTION, USE YOUR OWN JUDGMENT, AND, WHERE NECESSARY, SEEK PROFESSIONAL ADVICE BEFORE ACTING ON INFORMATION FOUND WITHIN THE WEBSITE.

 

SECTION 3. REGISTRATION, PASSWORDS, AND SIGNATURES

 

REGISTRATION AND REGISTRATION DATA

 

As a condition of your use of the Website, you agree to:

 

• Provide truthful, accurate, current, and complete information about yourself as prompted by any registration form (“Registration Data”) on the Website.

• Continuously maintain and promptly update this Registration Data to ensure it remains accurate, up-to-date, and complete.

 

If at any time the Company suspects or determines that the Registration Data you have provided is untrue, inaccurate, outdated, or incomplete, the Company reserves the right—at its sole discretion—to suspend or terminate your account. Such suspension or termination may include refusal of any present or future use of the Website or any parts thereof.

 

MAINTAINING CONFIDENTIALITY OF YOUR ACCOUNT

 

During the registration process, you may be issued a password, account designation, or a digital signature. You accept full responsibility for maintaining the confidentiality and security of all such credentials, and for any and all activities that occur under your account. This includes, but is not limited to, securing your password and digital signature against unauthorized access.

 

You agree to: (a) Immediately notify the Company if you become aware of any unauthorized use of your password, digital signature, or account, or any other breach of security.

(b) Properly log out of your account at the end of each session to prevent unauthorized access and protect your personal information.

 

The Company will not be held liable for any loss, damage, or harm that you may incur as a result of failing to adhere to these responsibilities. It is your sole responsibility to safeguard your account, and to take all necessary measures to prevent any unauthorized use of your credentials.

 

SECTION 4. LINKS TO THIRD PARTY SITES AND THE COMPANY SITE

 

LINKS TO THIRD-PARTY SITES

 

The Website may include hyperlinks directing you to external, third-party websites operated and maintained by independent parties not affiliated with the Company. These links are provided solely for your convenience and should not be interpreted as an endorsement, sponsorship, or recommendation by the Company regarding the information, products, or services they may offer.

 

Because the Company does not exert control over these external websites, it assumes no responsibility for their content, operation, security, or accuracy. Any materials, opinions, advice, statements, services, or other information found at such third-party websites are provided by their respective owners, and the Company makes no warranties, express or implied, regarding their quality, reliability, or suitability.

 

If you choose to click on these links and navigate to external websites, you do so entirely at your own risk. It is your responsibility to review and abide by the terms and conditions and privacy policies of any third-party websites you visit, as the Company disclaims all liability arising from your interactions with those external sources.

 

LINKS TO THE WEBSITE

 

By agreeing to and adhering to these Terms, you are granted permission to create a single hypertext link (“Link”) from your own website (“Your Website”) to the home page of the Company’s Website. Please note that direct or “deep” linking to any page other than the Website’s home page is strictly prohibited without the Company’s express written consent. The Company may withdraw or revoke this permission at any time and for any reason, without prior notice.

 

If you choose to establish a Link, you must comply with the following conditions. Specifically, Your Website shall not:

 

• Alter or Frame Content:
  Do not use frames, overlays, or any techniques that alter the visual presentation, look, or feel of the Company’s Website, or give the impression that the Website’s content is part of Your Website.

 

• Misrepresent Endorsement or Affiliation:
  Do not explicitly state or otherwise imply that the Company endorses, sponsors, or is affiliated with you, your products, services, or any content on Your Website, unless you have received prior written approval from the Company.

 

• Create False Impressions:
  Do not present any false, misleading, or inaccurate representations regarding your relationship with the Company, or its products and services.

 

• Damage Company Reputation:
  Do not place the Link in any context that could disparage the Company, diminish its goodwill, or harm its reputation. The Link should not appear within content that is defamatory, inappropriate, unethical, unlawful, or otherwise unsuitable for a professional online environment.

 

By creating and displaying the Link, you acknowledge and agree that you are not acting as a publisher, distributor, agent, partner, franchisor, or endorser of the Company’s Website, and that no such relationship is implied by the mere act of linking. The Company maintains full editorial control over its own Website and reserves the right to make any administrative or operational changes it deems necessary at any time.

 

You further warrant and represent to the Company that:

 

• Proper Domain Usage:
  You have lawfully registered the domain name of Your Website with the appropriate authorities, or you hold a valid license to use Your Website’s domain name. You possess all rights required to operate Your Website under that domain.

 

• Compliance with Rights and Laws:
  All content, materials, and hyperlinks posted on or accessible through Your Website do not and will not:
  
  (a) Infringe upon or violate any U.S. copyright, patent, trademark, or other proprietary rights belonging to third parties.
  (b) Violate any applicable laws, statutes, regulations, or infringe upon the rights of third parties in any way.

 

If at any time the Company determines that you have violated these Terms or otherwise acted in a manner contrary to the spirit or letter of these linking guidelines, the Company may, at its sole discretion, demand that you remove the Link immediately. Your continued compliance is essential to maintaining permission to link to the Company’s Website.

 

SECTION 5. DISCLAIMER OF LIABILITY

 

DISCLAIMER REGARDING MATERIAL

 

All properties featured on the Website are subject to sale, price fluctuations, and removal from the market without prior notice. While the Company strives to ensure the accuracy of the information presented, including but not limited to property listings and data obtained from multiple listing services (MLS), it makes no guarantees as to the correctness, completeness, or timeliness of any Material. The details found on the Website should not be considered a fully comprehensive representation of MLS data from any of the Company’s sources, and may contain inaccuracies, typographical errors, or omissions.

 

Your use of the Website and the Material is undertaken entirely at your own risk. The Company shall not be liable for any losses or damages arising from the use—or inability to use—the Website and its content. You are encouraged to verify any information before relying upon it, especially when making personal, medical, legal, or financial decisions. In such cases, it is advisable to seek guidance from qualified professionals who can provide advice tailored to your specific situation.

 

The Company reserves the right to modify, update, or remove Material on the Website at any time, without notice. Certain content, including opinions expressed in blogs or user-generated comments, originates from third parties and does not necessarily reflect the views or policies of the Company. The Company does not endorse, guarantee, or take responsibility for the accuracy of any third-party content. Opinions shared by bloggers, commentators, and other contributors are solely their own and do not represent the Company or its employees.

 

USE WEBSITE AND MATERIAL AT YOUR OWN RISK

 

You acknowledge and accept that the Website’s Material may contain inaccuracies, typographical errors, or outdated information. It is your sole responsibility to carefully evaluate and verify the accuracy and suitability of any content you find here. The Company strongly advises against using any information, guidance, or recommendations obtained from the Website as the sole basis for personal, medical, legal, or financial decisions. Instead, you should seek personalized advice from qualified professionals who can address your specific needs and circumstances.

 

The Company reserves the right to modify, update, or remove portions of the Website, including the Material, at any time and without prior notice. Additionally, some of the Website’s content may be supplied by third parties, over whom the Company has no control. The Company does not endorse, warrant, or assume liability for any third-party material or its accuracy. Your continued use of the Website signifies your acknowledgment and acceptance of these terms.

 

DISCREPANCIES BETWEEN WEBSITE DESCRIPTIONS AND ACTUAL PROPERTY CONDITIONS

 

You acknowledge and agree that, while the Company strives to provide accurate and visually representative content—such as photographs, virtual tours, videos, and floorplans—these materials are intended for informational and marketing purposes only. If any aspect of a property’s description, appearance, or features, as presented on the Website, differs from the property’s actual, physical condition, the real, on-site property shall always take precedence. In other words, the property as you find it in person governs over any depictions or descriptions made available through the Company’s Website. It is your responsibility to personally verify and confirm all property details before making any related decisions or commitments.

 

NO WARRANTY

 

The Company makes no representations or guarantees that the Website will be available at all times, operate without errors, or run continuously without interruption. Additionally, the Company does not warrant that the Website or the servers that make it available are free of viruses, malware, or any other harmful components. Should your use of the Website or the Materials result in the need for repair, replacement, or servicing of your equipment, software, or data, the Company will not be responsible for these costs.

 

LIMITATIONS OF LIABILITY

 

All content, features, services, software, text, graphics, and links provided on or through the Website are made available to you strictly on an “as is” basis, without any warranties of any kind. To the fullest extent permitted by applicable law, the Company and its suppliers expressly disclaim all warranties—whether express, implied, or statutory—including, without limitation, implied warranties of merchantability, non-infringement of intellectual property or third-party rights, and fitness for a particular purpose. The Company and its suppliers make no warranties concerning the accuracy, reliability, completeness, or timeliness of the Materials or services offered through the Website.

 

Certain states or jurisdictions may not allow the exclusion of implied warranties. In such cases, some of the above exclusions may not apply to you, and you may have additional rights under the laws of those jurisdictions. Your use of the Website and Materials is undertaken at your own risk, and you should remain aware of your legal rights and remedies that may vary based on your state or jurisdiction.

 

SECTION 6. DISCLAIMERS OF CERTAIN DAMAGES

 

If, at any point, you find yourself dissatisfied with any aspect of the Website, its features, the services offered by the Company, or any part of this Agreement, your sole and exclusive course of action is to discontinue using the Website. Under no circumstances shall the Company be held liable to you, or to any third party, for damages or losses arising from your use—or inability to use—the Website or its associated services, content, or features.

 

To the fullest extent permitted by law, the Company and its suppliers shall not be liable to you or to any third party for any form of direct, indirect, punitive, exemplary, incidental, special, or consequential damages. This includes, without limitation, any damages related to loss of use, data, profits, or business opportunities. Such limitations apply regardless of whether the damages arise out of contract, tort, strict liability, or any other legal theory, and regardless of whether the Company or its suppliers have been advised of the potential for such damages. This includes, but is not limited to, claims related to the performance or non-performance of the Website; the delay, interruption, or inability to access the Website; the reliance on any information, images, software, or services obtained through the Website; or the use of any materials, products, or services available through the Website.

 

As some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, certain of the above limitations may not apply to you. In such cases, the Company’s liability shall be limited to the greatest extent permitted by applicable law. It is your responsibility to understand the laws and regulations of your particular jurisdiction and to act accordingly.

 

SECTION 7. INDEMNITY

 

YOUR INDEMNIFICATION OF THE COMPANY

You agree to protect, defend, indemnify, and hold harmless the Company—along with its officers, directors, employees, affiliates, and agents—from and against any and all losses, liabilities, damages, claims, costs, and expenses that may arise as a result of:

 

• Your Use of the Material:
  This includes any use of the Website’s content, including but not limited to photography, videography, floorplans, 3D tours, property webpages, and software, whether directly provided by the Company or obtained through the Website.

 

• Your Breach of this Agreement:
  Any violation of these Terms and Conditions, including unauthorized use of the Company’s copyrighted materials, trademarks, or other protected content, or failure to adhere to the rules governing use of the Website.

 

• Your Violation of Law or Third-Party Rights:
  Any actions that infringe upon another party’s intellectual property rights, privacy rights, or any local, state, national, or international laws, regulations, or standards.

 

Such indemnification includes reasonable legal, expert, and accounting fees incurred in relation to any claims, actions, or demands brought against the Company arising from your conduct. If the Company becomes aware of a third-party claim, suit, or proceeding that may trigger your indemnification obligations, it will promptly notify you and, where appropriate, provide reasonable assistance—at your expense—so that you may effectively defend such a claim. Your obligation to indemnify remains in effect regardless of the outcome of any legal proceedings, and is fundamental to your continued use of the Website and its services.

 

SECTION 8. THIRD-PARTY RIGHTS

 

THIRD-PARTY RIGHTS AGAINST USERS

 

These Terms and Conditions are established not only for the Company’s benefit but also for the protection and advantage of the Company’s officers, directors, employees, affiliates, agents, licensors, suppliers, and other content or service providers involved in delivering the Company’s property imaging services. Each of these individuals or entities (collectively, the “Beneficiaries”) shall have the independent right to assert and enforce these Terms directly against you, on their own behalf, to safeguard their legal rights, interests, and the integrity of the products, services, and content they provide.

 

This provision acknowledges that the Beneficiaries are intended third-party beneficiaries of these Terms. By using the Website or any Company services, you agree that these Beneficiaries may, if necessary, take appropriate steps—including legal action—to ensure compliance with these Terms and to protect their interests, without requiring the involvement or consent of the Company.

 

SECTION 9. EXPORT CONTROL OF SOFTWARE AND TECHNICAL DATA

 

AGREEMENT TO COMPLY WITH EXPORT LAWS AND REGULATIONS

 

In the course of using this Website, you may gain access to certain software, digital tools, 3D imaging technologies, floorplan creation software, and other technical Materials that are subject to United States export controls and regulations. By downloading, installing, accessing, or using any such software or technical Materials, you explicitly agree to abide by all applicable U.S. export control laws, as well as any related international regulations.

 

You are strictly prohibited from exporting or re-exporting this software or related technical Materials to any individual, country, or jurisdiction currently subject to U.S. export restrictions, including those identified by the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. If you reside in, are located in, or are under the control of any such restricted country or are otherwise prohibited by law, you may not download or use these Materials.

 

It is your responsibility to be fully informed about and compliant with all laws and regulations that govern the import, export, or re-export of the software and technical Materials in your local jurisdiction. By proceeding to use or download these Materials, you confirm that you have verified you are not violating any export control restrictions and that you will not facilitate unauthorized access to or distribution of these items.

 

SECTION 10. GENERAL

 

NO WARRANTY AND GEOGRAPHIC RESTRICTIONS

 

The Company provides the Materials, including any Software, "as is" without any warranties or guarantees of fitness for a specific purpose, suitability for a particular audience, or compliance with laws outside the United States. The Company does not guarantee that the Materials are appropriate, accessible, or lawful for use in jurisdictions outside the United States.

 

If you choose to access the Website or download the Materials from a location outside the United States, you do so at your own initiative and risk. It is solely your responsibility to ensure that your use complies with all applicable local, state, and international laws and regulations. The Company disclaims any liability for your failure to adhere to such laws.

 

By accessing or using the Materials from outside the United States, you acknowledge and accept that the Company makes no representation regarding their suitability or legality in your location and that certain features or functionality may be unavailable or restricted due to your jurisdiction.

 

JURISDICTION IN NEW JERSEY

 

The Website is based in the State of New Jersey, U.S.A. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of New Jersey applicable to contracts entered into and performed within the State of New Jersey, without regard to its conflict of laws principles.

 

By using the Website, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Website shall be the state courts located within Morris County in the State of New Jersey, or the United States District Court for the District of New Jersey. You hereby irrevocably waive, to the fullest extent permitted by law, any objection you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court, and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

 

ELECTRONIC COMMUNICATIONS

 

By accessing or using the Website, you expressly consent to receive electronic communications from the Company, its subsidiaries, affiliates, and authorized partners. These communications may include, but are not limited to, notices regarding your account or Registration Data, transactional information, updates about the Website, marketing messages, and other information relevant to your use of the Website and the services provided.

 

You acknowledge that these communications are an integral part of your relationship with the Company and that you may not opt out of certain critical communications necessary for the operation of your account or the Website.

 

You agree that all notices, agreements, disclosures, or other communications sent to you electronically, whether via email, the Website, or other digital delivery methods, satisfy any legal requirements that such communications be in writing. The Company assumes no liability for your failure to receive electronic communications if your contact information is outdated, inaccurate, or if electronic delivery is otherwise prevented by factors beyond the Company’s control, such as spam filtering or technological limitations.

 

By providing your contact information, you affirm that it is accurate and that you have the authority to consent to receiving communications at the email address or other electronic channels you provide. You also agree to notify the Company promptly of any changes to your contact information to ensure uninterrupted delivery of communications.

 

If you wish to withdraw your consent to receive electronic communications, you must notify the Company in writing; however, such withdrawal may result in the suspension or termination of your access to certain features of the Website or services, as some electronic communications are necessary for the continued provision of these services.

 

TRANSLATIONS

 

If the Company provides a translation of the English language version of these Terms for your convenience, you acknowledge and agree that the English language version is the official and governing document. The translation is provided solely as a courtesy to assist your understanding, and it does not carry any legal or binding effect.

 

In the event of any discrepancy, conflict, or inconsistency between the English language version of these Terms and a translated version, the English language version shall prevail and control your relationship with the Company. This applies regardless of the nature of the discrepancy, whether arising from differences in interpretation, language nuances, or any other cause.

 

You further agree that the Company is not liable for any errors, omissions, or misinterpretations that may arise from the use of translated versions of these Terms. It is your responsibility to ensure that you fully understand the English language version of these Terms, as it constitutes the sole authoritative agreement between you and the Company. If you have any questions or concerns regarding the English language version, you are encouraged to seek clarification before proceeding with your use of the Website or services.

 

By continuing to use the Website or services, you confirm your understanding and acceptance of this provision and waive any rights to challenge the enforceability of the English language version based on the existence or content of a translation.

 

NOTICE

 

Unless expressly stated otherwise, all legal notices, formal communications, or notices related to legal proceedings must be delivered to the Company by email at info@talariaimaging.com. Notices to you will be sent to the email address you provided (a) during registration, (b) through a subsequent notice of an address change provided by you, or (c) via a notice or posting made through the Website.

 

Effectiveness of Notices

 

• Physical Notices: Physical notices delivered by hand, courier, or certified mail (postage prepaid with return receipt requested) will be deemed effective upon receipt by the intended recipient.

• Email Notices: Notices sent via email will be considered delivered and effective 24 hours after the email is sent, provided that no notification of delivery failure is received, or there are no indications of invalidity or other issues casting doubt on receipt.

• Certified Mail Notices: Notices sent via certified mail will be deemed delivered five (5) business days after the mailing date.

 

The Company reserves the right to provide notice to you through additional methods, including but not limited to electronic posting via the Website or other communication channels associated with your account. Such postings will be considered delivered and effective as of the date and time of posting.

 

Your Responsibility

You are responsible for ensuring that the contact information you provide, including your email address, is accurate, current, and capable of receiving notices. Failure to update your contact information does not absolve you of responsibility for receiving notices sent by the Company. If you fail to comply with this responsibility, you waive any claim that you did not receive notice from the Company as required under these Terms.

 

No Waiver of Notice

The Company’s failure to strictly enforce the notice requirements or its acceptance of informal communications will not constitute a waiver of its right to require strict compliance with this Notice provision in the future.

 

LIMITATION OF CLAIMS

 

To the fullest extent permitted by applicable law, you agree that any claim, dispute, or cause of action arising out of or related to these Terms, your use of the Website, or any products, services, or materials provided through the Website must be commenced within one (1) year from the date the claim or cause of action first arose. If you fail to file such a claim or cause of action within this one-year period, you expressly waive your right to pursue the claim, and it will be permanently barred.

 

This limitation applies regardless of the nature of the claim, whether arising from contract, tort, statute, or any other legal theory, and regardless of whether the facts or circumstances giving rise to the claim were known or reasonably discoverable within the one-year period.

 

MISCELLANEOUS

 

Severability: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. The remaining provisions will continue in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, severed from this Agreement.

 

No Waiver: The Company’s failure to exercise, enforce, or insist upon strict compliance with any right, term, or provision of this Agreement shall not be construed as a waiver of that or any other right, term, or provision. No waiver of any term or condition of this Agreement shall be deemed a waiver of any subsequent breach or default of the same or any other term or condition.

 

Entire Agreement: This Agreement constitutes the entire agreement between you and the Company concerning your use of the Website, superseding all prior or contemporaneous communications, representations, agreements, or understandings, whether written or oral, relating to the subject matter of this Agreement.

 

Modification: Any amendments, modifications, or changes to this Agreement must be made in writing and signed by an authorized representative of the Company. No oral modifications or informal communications will be considered valid or binding. The Company reserves the right to update or amend this Agreement at any time, and such changes will be effective upon posting to the Website unless a different effective date is specified. Continued use of the Website following such changes constitutes your acceptance of the updated Agreement. The "Last Updated" date at the top of these Terms will be revised to reflect the most recent changes.

 

Headings: The section headings in this Agreement are provided for convenience only and shall not affect the interpretation or meaning of the provisions.

 

RESERVATION OF RIGHTS

 

All rights, titles, and interests in and to this Website, its features, content, software, materials, trademarks, and services, as well as any associated intellectual property, are and shall remain the exclusive property of Talaria Property Imaging LLC, its successors, assigns, and affiliates. Except as explicitly provided in this Agreement, no rights, licenses, or interests are granted to you, whether by implication, estoppel, or otherwise. Any rights not expressly granted to you in this Agreement are reserved by Talaria Property Imaging LLC.

 

The Company retains the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Website or its features at any time without prior notice or liability to you. Additionally, the Company reserves the right to pursue all legal and equitable remedies available to it for any breach of these Terms or unauthorized use of the Website.

 

USER AGREEMENT TO TERMS

 

BY ACCESSING OR USING THE TALARIA PROPERTY IMAGING LLC WEBSITE AND ITS FEATURES, YOU HEREBY:

 

• ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY;

 

• AFFIRM THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE NOT PROHIBITED FROM DOING SO UNDER ANY APPLICABLE LAW; AND

 

• AGREE TO BE LEGALLY BOUND BY ALL PROVISIONS CONTAINED IN THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAWS, REGULATIONS, AND COMPANY POLICIES.

 

Your continued use of the Website constitutes your acceptance of and agreement to these Terms. If you do not agree to any portion of these Terms, you must immediately cease using the Website and its features.