Terms & Conditions

 

Last updated: 12/09/2022

Please read these terms and conditions carefully before using our services. Failure to view or agree to these terms and conditions will not incur responsibility or liability on Kosen Media to operate upon terms and conditions specified by another party.

Terms of Service

When you use our service you’re agreeing to the following terms:

Reservation & Cancellation Policies

If we confirm a job, we will be there unless extenuating circumstances arise which would require us to reschedule. You may cancel within 24 hours of a job. There is a cancellation fee of $50 for jobs canceled within 24 hours of the agreed-upon time. There is also a “last-minute reschedule” fee of $25 dollars for job rescheduling within 24 business hours of the agreed-upon time.

Preparation

Prior to the scheduled appointment, you and your clients are to prepare the space/property so that it is safe for all parties to perform work and in the state you wish it to be photographed. You may be held liable for any undisclosed safety, health, liability, or injury risks that may affect Kosen Media or our staff prior to, during, or after a job. We ask all residents, pets, or contractors working on the property to not be present, or temporarily move to a different area of the house/property. Complying with these terms will make the process safe and efficient for all, and provide the best end result product.

Travel

We travel to the location of the shoot, but travel fees will occur under certain circumstances due to the time, effort, and fuel expenses. Travel expenses are subject to fluctuation and change throughout each work week. The fee is to be determined by Kosen Media staff based on mileage and the currently acceptable mileage reimbursement percentages. The fee amount is determined by these factors on an individual basis.

Payment

The estimate given prior to the appointment is subject to change if extra service(s) is added after the agreement, or during appointment operations. Payment total may also change due to unforeseen factors during or after an appointment which might require increased work time or unique effort beyond the original agreement. Kosen Media reserves the right to modify payment within reason to address necessary changes in the performed services. Payment is preferred within 48 hours of the service appointment but is legally required within 5 days of the service appointment as dictated by these terms of service.

Delivery and Results

Delivery time is dependent on the quantity and complexity of the shoot and editing requested. The resulting product will reflect what the client has requested. By scheduling with us it is understood that lighting, location, and many other circumstances can affect the end result of the product. Delivery of content is most often within 24 hours but may change due to any number of factors. Kosen Media does not have influence over the final accuracy of floor plan measurements, only the quality of work performed with the Matterport camera in the creation of the 3D model. If there happen to be any inconsistencies, Kosen Media is not responsible or liable for them or the consequences of said inaccuracies. Matterport floor plans are guaranteed to be accurate within 1-2% of other professional floor plan drafting services. Reimbursement is not available for clients who are unhappy with floor plan products.

Intellectual Property

The products of the service(s) (photography, 3D imaging, videography, etc.) are and will remain the exclusive property of Kosen Media. Our intellectual property is protected by copyright, trademark, and other laws of both this country and foreign countries. Our trademarks, trade dress, and products of our service may not be used in connection with any product or service without the prior written consent of the Company. Do not attempt to market, resell, or otherwise disseminate our intellectual, digital, or physical property for your own personal, professional, or financial gain.

Accessibility

Kosen Media is not responsible to provide unreasonably accessible access to any of our services. Kosen Media is not liable for any individual's inability to access or comprehend our services or terms of services either before or after a job has been scheduled.


Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to The United States and any state in which business operations are conducted.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kosen Media, N/A.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website, products, conduct during operations, and any communications with Kosen media.

Job or job refers to services provided whether digitally, during an appointment, or after a product is delivered.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Kosen Media, accessible from kosenmedia.com, see “Links to Other Websites” to learn about external web links affiliated with said website.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licencors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks, trade dress and products of our service may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

We retain the right to deny service to any individual or entity.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Privacy Policy

This website collects personal data to power our site analytics, including:

  • Information about your browser, network, and device

  • Web pages you visited prior to coming to this website

  • Your IP address

This information may also include details about your use of this website, including:

  • Clicks

  • Internal links

  • Pages visited

  • Scrolling

  • Searches

  • Timestamps

We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.

This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.

We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, so they can send these emails on our behalf.

This website is hosted by Squarespace. Squarespace collects personal data when you visit this website, including:

  • Information about your browser, network and device

  • Web pages you visited prior to coming to this website

  • Your IP address

Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: kosenmedia@gmail.com

By visiting this page on our website: http://www.kosenmedia.com/terms-of-service

By phone number: 971.295.6268