Terms and Conditions
THESE TERMS AND CONDITIONS (the "Agreement" or "Terms and Conditions") set forth the terms under which Ruum Media, LLC, a Washington limited liability company ("Ruum", "we", or "us") will provide services to you, the client (the "Client", "you", or "your") related to https://ruummedia.com and all affiliated websites and services, including mobile websites and applications, owned and operated by us or our Affiliates (the "Site").
We maintain that, by creating an account, using our Site, and booking Services though our Site, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
This Agreement is effective as of January 24, 2022. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR OUR SERVICES AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these Terms and Conditions from time to time. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Site and our Services after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide by and be bound by the modified Terms and Conditions.
If any violation of these Terms and Conditions occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our "Affiliates" includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, partners, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, its contents, and our Services.
Ruum Media provides photography and videography services, 3D imaging, virtual staging, graphic design, digital marketing, print marketing, and website creation to real estate brokers, home builders, architects, and interior designers, including:
- Creation of single property websites
- MaxView HD photography of real property
- Virtual Staging
- Aerial drone photography and videography
- Creation of 3D interactive property tours
- Creation of HD films
- Graphic Design
- Digital Marketing
- Print Marketing
These services are collectively referred to as the "Services" in this Agreement.
Account Set Up; Security and Password
In order to book our Services, you will be required to register and set up an account at https://ruummedia.aryeo.com (your "Account"). To set up your Account, we need certain information about you, including your name, email address, a username and a password (collectively, "Account Data"). Please keep your Account Data accurate, current and secure at all times. You may update your Account Data any time by logging into your account at https://ruummedia.aryeo.com.
You are solely responsible for maintaining the confidentiality of your Account Data and for any and all statements made and acts or omissions that occur through the use of your Account Data and Account.
Digital Signature; Electronic Records
By registering for an account on the Site, or by clicking to accept these Terms and Conditions when prompted on the Site, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.
Service Preparation; Shot Selection and Weather
In order to ensure the highest quality Services, the property should be cleaned and picked up before our personnel arrive. Ruum personnel will move the occasional item, but clutter from residents, kids, or pets is your responsibility. You acknowledge and agree that the condition of your property is your sole responsibility and Ruum may choose to cancel or reschedule any Service, in its sole discretion, if a property is unsafe or its condition interferes with the performance of the Services.
Please download our "Photography Checklist" for more information on how to properly prepare your property.
If you would like specific shots of your property, we recommend that you give us a detailed shot list upon ordering. While our photographers are highly talented, we claim no responsibility for the photographers’ shot selection. Photography is subjective and we do our best to capture your property’s best features.
Ruum does not offer free reshoots. If you are not happy due to weather conditions or because your home was not properly prepared, Ruum will schedule a reshoot upon payment of our reshoot fee. If, however, the photographer did miss an entire space that was listed on the shot list you provided when your order was placed, we will gladly reshoot the missed space free of charge.
It is your responsibility to reschedule with at least 48-hours notice if bad weather is forecasted. Ruum may also use its discretion to cancel, postpone, or reschedule any scheduled Service as needed.
Ruum provides the Services for no additional charge within a 20 mile radius of the city center in Seattle, WA, Portland, OR and Austin, TX.
In the event that your property is located outside of the above service radius, we charge an additional travel fee of $4 per additional mile outside our service area. Ruum may decline or cancel Services that are outside of our standard service radius. After booking any Service, we will notify you if the travel fee is applicable or if we are unable to travel to your location.
Fees and Payment for Services
Creating an account and visiting our Site is free. All Services fees are as listed on our Site and must be paid at the time of booking any Service.
All fees are quoted in United States Dollars and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on our Site. Our fees are non-refundable and if your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms.
In order to complete the purchase of a product or Service on our Site, you must provide information for at least one valid payment method. The Site makes the following methods of payment available: credit cards, in some cases bank accounts, PayPal, ApplePay, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, "Payment Methods"). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).
By providing Payment Method information through the Site, you represent and warrant that:
- you are legally authorized to provide such information to us;
- you are legally authorized to use the Payment Method(s); and
- such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
When you authorize a payment using a Payment Method via the Site, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
Cancellations By Ruum
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, errors in your order, or for any other reason in our sole discretion.
We reserve the right to refuse or cancel your order if fraud, an unauthorized, or illegal transaction is suspected.
Cancellations By Client
Ruum requires 48-hours notice for all Services cancellations and rescheduling to avoid any additional fees. If you fail to give proper notice, you will be charged a $75 cancellation/rescheduling fee per photographer for notice given less than 48-hour notice from the time of your scheduled appointment, OR a $150 cancellation/rescheduling fee per photographer for same-day notice.
You also agree to notify Ruum if you will be late to a scheduled Service appointment. Ruum personnel will only wait a total of 15 minutes after your scheduled appointment time before leaving. We recommend providing a contractor’s lockbox or code to allow our photographers to access the property upon their arrival for all scheduled shoots.
Please email firstname.lastname@example.org or call 503.997.0737 to cancel, reschedule, or provide notice of a late arrival.
Your Conduct on Our Site
As a condition of your use of our Site and Services, you agree that: (i) you are an individual person more than 13 years of age; and (ii) your use of this Site and our Services will at all times comply with the terms of this Agreement and all applicable laws.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms and Conditions:
- Attempting to, or actually accessing data not intended for you, such as logging into an account which you are not authorized to access;
- Tampering or interfering with the proper functioning of any part, page or area of the Site;
- Using the Site or any of its resources to solicit Site users or Ruum personnel to become users, service providers or partners of other online or offline services directly or indirectly competitive with us;
- Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Make payments, or request any payments to be made, outside of the Site’s billing processing system; or
If you discover or suspect any violation of the above terms, please tell us about any problems or offensive content so that we can keep our Services and Site working properly. We may limit or terminate any of our Services, and take technical or legal steps to keep users off our Site that are violating this Agreement, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
Links to Other Websites
Our Services may contain links to third party websites or services that are not owned or controlled by Ruum.
Ruum has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party website or service. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Ruum shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party website or service.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Your Limited Right to Use the Site
This Site and all the information available on the Site are the property of us and/or our Affiliates and are protected by copyright, trademark and other intellectual property laws. You may not use the Site, our Services, or the information available on the Site in a manner that constitutes an infringement of our rights, our Affiliates’ rights or that has not been authorized by us.
Ownership of Site Content
All the content on the Site (illustrations, texts, names, service names, images, videos, etc.) is the property of us and our Affiliates. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Site or through our Services. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is severely punishable under United States law.
We will not, under any circumstances, be held responsible if anyone violates rights held by a third party through activities on our Site or by use of our Services.
Ownership of Service Content and Deliverables
Under US copyright laws, photographs, videos and other visual content are the property of the photography company or individual photographer (as applicable). As a photography company, this applies to Ruum. Ruum is considered the ‘author’ for copyright purposes of all photographs, video, and other visual content (including all drafts, versions and raw materials) created in performance of the Services. Ruum reserves the right to use all Service materials, deliverables and content for advertising, marketing, display, publication, general archive, relicensing, or other purposes. However, you may request the removal of your name, logo, likeness, or that of any person or pet directly associated with you that is readily identifiable.
Ruum grants you a non-exclusive, limited, non-sublicensable, and non-transferable license in the Service deliverables as follows:
- You may use the Service deliverables to market and advertise the property depicted in the Service deliverables for lead generation or soliciting new or reoccurring business.
- You and your company of employment may share the Service deliverables to promote your business’s brand.
- You may use the Service deliverables to promote or grow your business interests in advertising or marketing across social media platforms including, but not limited to, Facebook, Instagram, YouTube, Vimeo, Twitter, LinkedIn, Snapchat, business website(s), dedicated listing website(s), blogs, or third-party multimedia publications.
- The Service deliverables may be uploaded by you, or your real estate agent or broker, to the MLS when applicable.
We do sell exclusive extended copyright licenses to builders and owners alike to use the photos, videos, and other visual content for other purposes for an unlimited term from date of purchase as follows:
- $150 for rental marketing use
- $200 for Airbnb / Vacation property marketing use
- $350 for Builder/Developer marketing use
- $350 for Interior Designer/Stager marketing use
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Site, believe your copyright, trademark or other property rights have been infringed by a posting, listing, content or sale on this Site, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify the material that you claim is infringing upon your copyrighted work
- Your contact information, including an email address
- Enough information, if possible, to permit us to notify the owner of the allegedly infringing material or other content
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the notice
- Send the written communication to our Designated Agent for Claimed Infringement at the following address:
13911 64th Ave SE, Snohomish, WA 98296
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
This Site could include technical or other mistakes, inaccuracies or typographical errors. WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may make changes to the materials and services on this Site, including the prices and descriptions of any of our listed Services, at any time without notice. The Service listings or other content on this Site may be out of date and we make no commitment to update such content or listings.
Through your use of the Site, you will have opportunities to engage in commercial transactions. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICE, CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
We take great care when putting Service information, descriptions and images on-line but will not be held responsible for any mistakes or omissions for any information given.
We will always endeavor to schedule and fulfill your order as promptly as possible once completed and paid for. If a Service or product becomes permanently unavailable after your order has been confirmed and paid for, we will refund the price you paid for the Service or product within 30 days following the date of payment. If your order includes services or products that are temporarily unavailable, we will send you an availability notice and you may choose to either reschedule your order or to cancel and receive a full refund. If relevant, we may also offer you a replacement for an unavailable service or product of similar price and quality. If you choose to decline this offer, we will provide a full refund for the unavailable service or product.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR OUR SERVICES;WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OUR SERVICES.
Ruum is not responsible for, and will have no liability for, any actions of sub-contracted photographers and other personnel. You also agree that Ruum is not responsible for any leaked information on properties to 3rd party sites in regards to secretive pocket listings, even if such leak originated from a Ruum contractor.
Notwithstanding the above, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total fees you have paid to us in the twelve (12) months prior to the action giving rise to liability.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of our Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You also agree that any property our employees or contractors enter on your behalf for performance of the Services, will be safe and free from dangerous animals and or/tenants. You will also agree to defend and hold Ruum harmless for any damage to the property, its fixtures, or furniture. You agree that any property a Ruum employee or contractor enters is either covered by general liability insurance or covered by your corporate general liability insurance. If one of our employees or contractors accidentally breaks or damages the property, its fixtures, or furniture while performing the Services, you will agree to compensate the property owner and to not require payment from Ruum or the individual employee or contractor.
Relationship of the Parties
Ruum operates its own independent business and provides the Services as an independent contractor. As such, this Agreement and any account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
Changes to the Terms and Conditions and the Site
Our Site and the Services we provide are a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Site, our Services, and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Site and our Services following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site or our Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such Services or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Termination Due to Harassment
Ruum does not tolerate any harassment of its photographers and other employees or contractors. Rumm reserves the right to immediately cancel or terminate any Services, in its sole discretion, for any harassment of Ruum personnel. Additionally, all Ruum personnel have the right to leave your property without completing the Services if they are harassed or otherwise feel unsafe.
No refunds will be given in the case of canceled Services due to harassment of Ruum personnel.
"Harassment" includes, but is not limited to, any behavior towards a person that is unwanted such as unwanted comments or touching, threatening gestures, use of derogatory or demeaning language, or other actions intended to hinder, alarm or abuse a person.
This Site (excluding any linked sites) is controlled by us from our offices within Seattle, Washington. By accessing this Site, you agree that the statutes and laws of Washington, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site, our Services, and the materials, products, content and information available through this Site and our Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Washington with respect to such matters.
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intentions. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to email@example.com, if by email, or to 13911 64th Ave SE, Snohomish, WA 98296 if by conventional mail.
We also welcome any comments or questions at firstname.lastname@example.org or 503-997-0737.