Copyright, Terms & Conditions
These terms and conditions govern our agreement. The terms in initial capitals have the meanings assigned to them above. Your use of our Products and Services signifies your acceptance of these terms and conditions.
We agree to provide you with the Products and Services. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.
When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products will incur an additional fee. To avoid misunderstandings you agree to notify us in writing within five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.
You agree that we will remain the owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF ProListingMedia, LLC. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.
Your Rights permit you to post our photographs on multiple listing services and make the Products available in your MLS listing for the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with our Products unless we give you our written permission.
If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.
You authorize us to come onto the Property and take photographs. You have the authority to allow us entry and permit us to take photographs. You promise to indemnify us, defend us, and pay the expenses of our defense, if a claim is made against us arising out of the services we perform for you.
We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us.
Our Fee is payable upon delivery of the Products. If for any reason payment is not made within (30) days from the date of delivery of the Products, the Rights granted to you will terminate automatically.
Terms & Conditions:
Please contact us via telephone at 602-325-3415 no less than 24 hours before your preferred shoot time. The shoot will normally take between 1 and 2 hours. Most homes can be shot in 1.5 hours although some Luxury and Twilight Shoots may take longer.
The homeowner, or someone authorized by the homeowner (i.e. the agent), should be present at the photo shoot to give access to the home and to discuss any special considerations such as what should be included or excluded in shots. Our goal at the shoot is to provide at least 15 quality photos that include a front exterior, back exterior and all the major rooms such as; living room, dining room, family room, kitchen, master bedroom, master bath, and bedrooms. Locations such as; powder rooms, small bathrooms, utility rooms, or garages are not a shooting priority unless requested by the homeowner or authorized representative. We strive to provide the client with high quality photographs and don’t believe in a pricing model that is based on the quantity of images or the length of video. When possible we strive to provide more than 15 images depending on the size and nature of the subject property.
Please make sure pets are contained during the shoot. Pets are never included in photos and need to be out of the way during the shoot.
If cancellation or rescheduling is necessary, please give us 24 hours notice.
Once the photos are taken they will be edited and optimized for quality and delivered to you via our web site or other electronic delivery within 48 hours. The designated person will receive an e-mail with a link and instructions on downloading your photos.
Photo Rights and Usage:
All media produced for the client may be used by that agent for all marketing purposes that are associated with the current sale of the property in accordance with local MLS rules. Please note that the photos will be copyrighted by ProListingMedia LLC, and a license granted only to the agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers is prohibited unless approved, in writing, by the photographer.
Only watermarked images may be uploaded to ARMLS and/or syndicated to other Real Estate Websites by the purchasing agent/broker. Images/Media may be used in print advertising such as marketing brochures, flyers,postcards etc… Photos used in publications such as magazines (print/online) must be displayed with the “Photo credit: © ProListingMedia, LLC”.