Terms and Conditions
Copyright Notice: ITportant, LLC (doing business as Florida Realty Media) ("PHOTOGRAPHER") is the exclusive copyright holder of all digital media created in the course of doing business. The commissioning real estate broker/agent ("CLIENT") is granted a license to use the property generated media for the promotion of that property while the property is listed for sale and CLIENT manages the listing. License expires once the property has sold, canceled, expired, or is withdrawn.
Photo Rights and Usage for Real Estate Photography: The CLIENT has permission to use the images on any electronic or printed form of advertisement for the promotion of that property while this license is active, and indefinitely in their personal marketing channels to promote their business after the property is no longer for sale.
CLIENT may not sell, transfer, or gift any images for any reason to any third party, this includes other agents who take over an expired, withdrawn, or canceled listing, sellers, buyers, builders, stagers, vendors, and any other contractors associated with the property or CLIENT. This media license is non-transferable. Disregarding these terms will result in copyright infringement/violation ( Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c) ) and may result in legal action.
Re-licensing: PHOTOGRAPHER reserves the right to re-license any media generated.
Payment: Failure to pay for this license combined with the use of media generated by PHOTOGRAPHER will result in CLIENT committing a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Once photos have been delivered, the CLIENT and/or homeowner may not make any digital alterations, editing, or "photoshopping" to the photos except for minor cropping and resizing only. For any modification requests to the Media please contact us.
Community Stock Media: Media generated such as photos/videos for golf course, clubhouse, fitness centers, subdivision signs, communities, etc., may be licensed in conjunction with property photos in order to market the listing. PHOTOGRAPHER retains all rights to every photo and therefore these become stock images. CLIENT may use these images in conjunction with the designated property for which this media was created. Usage in conjunction with any other property is prohibited unless CLIENT has received a written permission from PHOTOGRAPHER, or has purchased a use license for the stock media. Stock photo usage fees may apply.
3D Tour/Matterport Hosting: Every 3D Tour will come with up to 6 months of hosting on the Matterport platform from the moment of delivery. Hosting will expire after 6 months have passed, or after the property has been sold, the listing has been withdrawn, canceled, expired, or CLIENT is no longer managing the listing (whichever happens first.) After the hosting has expired, CLIENT will have the option to buy additional hosting time at a cost of $10 a month or $100 per year. If hosting has expired, and CLIENT chooses not to purchase additional hosting time, PHOTOGRAPHER has the right to remove the 3D Tour off the platform, and PHOTOGRAPHER will have no additional responsibilities with CLIENT in regards to this 3D Tour.
Photo Guarantee: PHOTOGRAPHER will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes, however, a client or homeowner may feel these images do not meet those expectations. In this case, PHOTOGRAPHER will work closely with CLIENT to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to the shoot, or other aspects that are not directly the responsibility of PHOTOGRAPHER, a reshoot fee will be charged to the client, unless it is the direct responsibility of the photographer, in that case, there will be no charge.
Right to Refuse: PHOTOGRAPHER reserves the right in its sole discretion to refuse service at any time for any reason.
By paying for PHOTOGRAPHER services, you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and PHOTOGRAPHER.
PHOTOGRAPHER retains the right to change the above terms at any time without notice.