Terms of Service

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the website virtualtwilights.com (the "Site") or purchasing any services provided by Wanderlust Photography LLC ("Company", "we", "us", or "our"), you ("Client", "User", or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

Age Requirement: You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, to use our Services. By using the Site, you represent and warrant that you have the legal capacity to enter into a binding contract.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. NATURE OF SERVICE

The Company provides digital image enhancement services, specifically "Virtual Twilights," which involve the digital manipulation of photographs to simulate dusk/twilight conditions ("Services").

You acknowledge that the Services are artistic in nature. The final output is a creative interpretation involving digital sky replacement, window lighting enhancement, and color grading. We do not guarantee photorealism. The style, color palette, and lighting choices are at the sole discretion of our editors.

3. PROHIBITED CONTENT

You agree NOT to upload, submit, or transmit any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains sexually explicit material, nudity, or pornography
• Depicts or promotes violence, illegal activity, or harm to persons or property
• Contains images of minors in any inappropriate context
• Violates the privacy rights of any third party, including images of individuals taken without their consent
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Was obtained through illegal means, including hacking, theft, or unauthorized access
• Contains viruses, malware, or any code designed to damage or interfere with our systems

WE RESERVE THE RIGHT TO REFUSE ANY ORDER, DELETE ANY CONTENT, AND TERMINATE ANY ACCOUNT WITHOUT NOTICE OR REFUND IF WE SUSPECT A VIOLATION OF THIS SECTION. WE MAY REPORT ILLEGAL CONTENT TO LAW ENFORCEMENT AUTHORITIES.

4. NO WARRANTIES; "AS-IS" SERVICE

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, WANDERLUST PHOTOGRAPHY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE RESULTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR AESTHETIC TASTES.
• THE QUALITY OF THE RESULTS WILL MEET YOUR EXPECTATIONS.
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5. DELIVERY AND TURNAROUND TIME (NO SLA)

Any turnaround times mentioned on the Site or in communications are estimates only and are not guaranteed.

No Deadlines: Time is not of the essence. We are not liable for any delays in delivery caused by high volume, technical failures, internet outages, or force majeure events.

No Liability for Delay: A delay in the delivery of images does not entitle the Client to a refund, discount, or cancellation of the order.

6. USER CONTENT AND COPYRIGHT WARRANTY

You retain ownership of any images you upload to the Site ("Client Content"). However, by uploading Client Content, you represent and warrant that:

• Ownership/Authorization: You own the copyright to the images OR you have obtained express written permission from the copyright holder (e.g., the original photographer) to upload, modify, and distribute the images. You understand that uploading images without proper authorization may constitute copyright infringement.
• Right to Edit: You have the legal right to have the images edited and to use the edited versions for your intended purposes, including commercial real estate marketing.
• Derivative Works Authorization: You acknowledge that our Services create "derivative works" as defined under U.S. Copyright Law (17 U.S.C. § 101). You warrant that you have the express right to create or authorize the creation of derivative works based on the images you upload, whether through copyright ownership, written license, or other legal authorization.
• License Verification: If you are not the original photographer, you warrant that you have reviewed your license agreement, contract, or other authorization with the copyright holder and have confirmed that it permits: (a) digital modifications and alterations to the images; (b) the creation of derivative works; and (c) commercial use of the modified images.
• Third-Party Service Authorization: You warrant that your license, contract, or authorization permits you to engage third-party services to perform edits and modifications on your behalf, and that no provision of your agreement with the copyright holder restricts or prohibits such use.
• License to Company: You grant Wanderlust Photography LLC a non-exclusive, royalty-free, worldwide, perpetual license to copy, modify, display, and distribute the Client Content for the purpose of performing the Services.
• Portfolio and Marketing Use: You grant us the right to display the "Before" and "After" images in our portfolio, marketing materials, website, social media, advertisements, case studies, and any other promotional content to demonstrate our work, without additional compensation.
• Client Identity Use: You grant us the right to use your name, company name, brokerage name, logo, and any testimonials or feedback you provide in connection with our marketing and promotional materials, including but not limited to our website, social media, advertisements, and case studies.

BY UPLOADING IMAGES TO OUR SITE, YOU CONFIRM THAT YOU HAVE THE LEGAL RIGHT TO DO SO AND ACCEPT FULL RESPONSIBILITY FOR ANY COPYRIGHT OR INTELLECTUAL PROPERTY CLAIMS THAT MAY ARISE.

NOTE TO REAL ESTATE AGENTS: If you did not take the photographs yourself, your license from the photographer must permit editing and derivative works. Standard "usage licenses" often include these rights, but you are solely responsible for verifying this with your photographer or reviewing your contract. When in doubt, obtain written confirmation from the copyright holder before uploading.

7. INDEMNIFICATION (CRITICAL)

You agree to defend, indemnify, and hold harmless Wanderlust Photography LLC, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees, court costs, expert witness fees, and settlement amounts) arising from:

• Your violation of any term of these Terms.
• Copyright/IP Claims: Any claim by a photographer, copyright holder, or other third party alleging that the images you uploaded infringe their intellectual property rights. This includes, but is not limited to, claims that you did not have authorization to upload, edit, or use the images.
• Derivative Works Claims: Any claim that the creation of derivative works (including twilight edits) from the images you uploaded was not authorized under your license, contract, or agreement with the copyright holder.
• License Scope Disputes: Any claim that your license, contract, or agreement with the original photographer or copyright holder did not permit: (a) digital modifications; (b) third-party editing services; (c) derivative works; or (d) the specific use you made of the edited images.
• Misrepresentation of Authorization: Any claim arising from your misrepresentation, whether intentional or negligent, of your rights, authorization, or license to upload, edit, or use the images.
• Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, property, or privacy right.
• Any claim that your Client Content caused damage to a third party.
• Any claim arising from your use of the edited images, including but not limited to claims of false advertising, misrepresentation, or violation of real estate regulations.
• Any claim arising from your failure to have proper authorization from property owners, photographers, or other rights holders.

THIS INDEMNIFICATION OBLIGATION SURVIVES THE TERMINATION OF THESE TERMS AND YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT WE RELY ON YOUR REPRESENTATIONS REGARDING YOUR AUTHORIZATION TO UPLOAD AND EDIT IMAGES, AND THAT WE HAVE NO INDEPENDENT MEANS TO VERIFY SUCH AUTHORIZATION.

In the event of any claim covered by this indemnification, you agree to: (a) promptly notify us in writing; (b) allow us to control the defense and settlement of such claim; and (c) cooperate fully with our defense. We reserve the right to assume exclusive defense of any claim at your expense.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WANDERLUST PHOTOGRAPHY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

MONETARY CAP: UNDER NO CIRCUMSTANCES WILL WANDERLUST PHOTOGRAPHY LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

9. REVISIONS AND ACCEPTANCE

Final Delivery: Delivery of the downloadable images constitutes completion of the order.

No Revisions: Due to the low-cost nature of the service, all sales are final and no revisions are included. Any requests for changes (e.g., "make the sky purple," "turn on more lights") will be treated as a new order or billed at our standard hourly rate, at our sole discretion.

No Refunds: Payments are non-refundable once the editing process has commenced. Dissatisfaction with the artistic style of the edit is not valid grounds for a refund.

10. DATA RETENTION

We are not a cloud storage provider. We are not responsible for the storage or backup of your images. We reserve the right to delete completed orders and Client Content from our servers 60 days after delivery. You are solely responsible for downloading and backing up your delivered images.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. We will make reasonable efforts to notify users of material changes via email or prominent notice on the Site.

13. REAL ESTATE DISCLAIMER

Our Services are intended for marketing and promotional purposes only. By using our Services for real estate-related images, you acknowledge and agree that:

• Marketing Only: The edited images are artistic representations intended to enhance the visual appeal of property listings. They do not represent the actual appearance of the property at any specific time.
• No Property Representations: We make no representations or warranties about the condition, features, or characteristics of any property depicted in the images.
• Compliance is Your Responsibility: You are solely responsible for ensuring that the use of edited images complies with all applicable laws, regulations, and industry standards, including but not limited to real estate disclosure requirements, MLS rules, fair housing laws, and advertising regulations.
• No Liability for Claims: We are not liable for any claims of false advertising, misrepresentation, or deceptive practices arising from your use of the edited images in property listings or marketing materials.

YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF THE EDITED IMAGES IN REAL ESTATE TRANSACTIONS AND MARKETING.

14. TERMINATION

We reserve the right, in our sole discretion, to:

• Refuse service to anyone for any reason at any time
• Terminate or suspend your account without prior notice
• Cancel any order at any stage of processing
• Block access to the Site from certain IP addresses or regions

Reasons for termination may include, but are not limited to: violation of these Terms, abusive or threatening behavior toward staff, suspected fraud or illegal activity, chargeback disputes, or any conduct we deem harmful to our business or other users.

Effect of Termination: Upon termination, all licenses granted to you under these Terms immediately cease, your access to completed and pending orders may be revoked, and you will not be entitled to any refund for services already rendered or in progress.

15. PAYMENT TERMS AND CHARGEBACKS

Payment: All payments are due at the time of order submission. Orders will not be processed until payment is confirmed. Failed or declined payments will result in automatic cancellation of the order.

Chargebacks and Disputes: You agree not to initiate any chargeback, payment dispute, or reversal for services that have been delivered or are in progress. If you have a concern about your order, you agree to contact us first to attempt resolution.

FRAUDULENT CHARGEBACKS: IF YOU FILE A CHARGEBACK OR PAYMENT DISPUTE AFTER SERVICES HAVE BEEN RENDERED, AND THE DISPUTE IS FOUND TO BE WITHOUT MERIT, YOU AGREE TO PAY:

• The original order amount
• All chargeback fees assessed by payment processors (typically $15-$25 per dispute)
• A $50 administrative fee
• All collection costs and attorney's fees incurred in recovering the debt

We reserve the right to pursue collection through third-party agencies, report delinquent accounts to credit bureaus, and take legal action to recover amounts owed.

16. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at support@virtualtwilights.com and attempt to resolve any dispute informally for at least 30 days.

Binding Arbitration: If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. If AAA is unavailable, the parties shall mutually select an alternative arbitration provider.

Location: Arbitration shall take place in Collier County, Florida, or at another mutually agreed location. You may also elect to participate by phone or video conference.

Costs: Each party shall bear its own costs and attorney's fees. The arbitrator may award the prevailing party reasonable costs and fees as permitted by law.

CLASS ACTION WAIVER: YOU AND WANDERLUST PHOTOGRAPHY LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

17. DMCA AND COPYRIGHT COMPLAINTS

We respect intellectual property rights and respond to valid copyright infringement notices under the Digital Millennium Copyright Act ("DMCA").

Safe Harbor Status: Wanderlust Photography LLC operates as an "online service provider" within the meaning of the DMCA (17 U.S.C. § 512). We provide image editing services at the direction of our users. We do not independently select, screen, or verify the copyright status of images uploaded by users. We rely in good faith on users' representations that they have the necessary rights to upload and edit images. We maintain the protections afforded to service providers under DMCA Section 512, including the safe harbor provisions for service providers who act expeditiously to remove or disable access to allegedly infringing material upon receiving proper notification.

DMCA Designated Agent:

Filing a DMCA Notice: To file a copyright infringement notice, please provide: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material with enough detail to locate it; (3) your contact information; (4) a statement that you have a good faith belief the use is not authorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (6) your physical or electronic signature.

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification containing: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; (4) your name, address, and phone number; and (5) a statement consenting to jurisdiction in federal court.

Repeat Infringer Policy: We will terminate the accounts of users who are found to be repeat infringers of third-party copyrights.

18. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Wanderlust Photography LLC regarding the use of the Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company. No oral or written statement by any Company representative shall modify these Terms.

20. ASSIGNMENT

We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

21. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Wanderlust Photography LLC.

22. SERVICE PROVIDER STATUS AND GOOD FAITH RELIANCE

Agency Relationship: You acknowledge and agree that Wanderlust Photography LLC acts solely as your agent and service provider when performing image editing services. We perform edits at your direction and under your authorization. We do not independently decide which images to edit, do not solicit images from third parties, and do not make independent judgments about the copyright status of images you submit.

No Independent Verification: You acknowledge that we have no practical means to independently verify: (a) whether you own the copyright to images you upload; (b) the terms of any license agreement between you and a photographer or copyright holder; (c) whether your license permits editing, derivative works, or third-party services; or (d) the identity of the original copyright holder.

Good Faith Reliance: We rely entirely and in good faith on your representations and warranties regarding your authorization to upload, edit, and use images. By using our Services, you acknowledge that any claim by a copyright holder should be directed to you as the party who represented having proper authorization, not to us as the service provider who acted in good faith reliance on your representations.

User as Controller: For the purposes of data protection and intellectual property law, you are the "controller" or "principal" responsible for determining the lawfulness of processing and editing images. We are the "processor" or "agent" acting under your instructions. You bear sole responsibility for ensuring that your use of our Services complies with all applicable copyright laws and any agreements you have with photographers or other rights holders.

Plain Language Summary: We're a tool that edits photos you send us. You tell us you have the right to edit them, and we trust you. If it turns out you didn't have that right, that's on you, not us. We're just the editing service following your instructions.