fbpx

Terms and Conditions - Photography

YOUR AGREEMENT WITH HUDSON VALLEY DIGITAL MARKETING

The following terms of use apply to your use of this web site and any photos produced for internet usage. When you retain our services you accept these conditions. Please read them carefully before you share and distribute photos produced.

The following terms of use constitute a legal agreement between you and Hudson Valley Digital Marketing. Please read all of the following terms of use. By using the Hudson Valley Digital Marketing, you indicate your acceptance of these terms of use. If you do not agree to be bound by these terms of use, please exit the web site.

COPYRIGHT

Any real estate or interior photography is owned by Hudson Valley Digital Marketing. The content of this web site, including without limitation, the graphics, design, and look and feel are owned by Hudson Valley Digital Marketing and are protected by United States copyright laws.

All photographs in our portfolio gallery are subject to copyrights of Hudson Valley Digital Marketing and are protected by the Copyright Law of the United States. Reproduction, storage or transmittal by any means, of any image on this web site, whole or in part, is prohibited without express prior written permission.

USE OF PHOTOGRAPHS

You can purchase the photographs featured on this web site. If you decide to purchase a photograph, you may not reproduce, display, transmit, distribute or otherwise exploit the picture, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Hudson Valley Digital Marketing. Photographs are intended for your life of listing use and thereafter for marketing for the Real Estate Agent and the Real Estate Agent Company. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you.

In addition photos are allowed to be submitted for virtual staging through a third party. Please request a non watermarked version of the images for this purpose.

DISCLAIMERS

The photographs are provided “as is”. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose. Floor plan illustration is an approximation of existing structures and features and is provided for convenience only with the permission of the seller. All measurements are approximate and not guaranteed to be exact or to scale. Agent/Homeowner/Buyer should confirm measurements using their own sources

While Hudson Valley Digital Marketing uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs or floor plans nor can Hudson Valley Digital Marketing ensure that all persons depicted in the photographs (“events”) have consented to the display of their image on this web site. If your photograph appears on this web site without your consent and you wish to have it removed, please contact us via email at: info@hvdigital.com. In addition, Hudson Valley Digital Marketing is unable to make representations or warranties as to the functionality of this web site, whether it is free of errors, and whether the server hosting the web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk.

In no event shall the site’s or company’s owners, its employees, subsidiaries, affiliates and representatives, be responsible or liable for any damages of any kind including but not limited to lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.

You agree that the site and the company’s parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.

INDEMNIFICATION AND TERMINATION POLICY

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by Hudson Valley Digital Marketing, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold Hudson Valley Digital Marketing, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.

OTHER TERMS

This agreement shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of law.

Hudson Valley Digital Marketing reserves the right to make changes to this web site, this agreement, and the other information contained in this web site at any time and without notice. Please refer to these terms of use when you visit the site as they may change from time to time.

These Terms of Use constitute the entire agreement between you and Hudson Valley Digital Marketing with respect to the use of this site and Hudson Valley Digital Marketing’s services. Hudson Valley Digital Marketing’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Scheduling: Please use our online booking system at https://hudsonvalleydigitalmarketing.com/book-photography-services/

real estate photography

Terms and Conditions - Real Estate Photography

Copyright Notice: The photographer who has taken the image is the copyright holder of the image. The copyright of an image is not transferred to any other party unless a specific written agreement is made. Licensing may be obtained for various applications of images, please contact us for more details.

Photo Rights and Usage for Real Estate Photography: The original agent who paid for this service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission.

Images cannot be sold to another agent who takes over an expired or withdrawn listing.

Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.

Photo Rights and Usage for Builders, Stagers, Designers, Home Owners, and others:

Builders, stagers, designers and others who wish to use images taken by our photographer should contact us for specific licensing information. In addition to fees paid to Hudson Valley Digital Marketing a property photography release will need to be obtained from the homeowner.

Scheduling: Please use our online booking system at https://hudsonvalleydigitalmarketing.com/book-photography-services/

Payment: Payment is expected within 48 hours of delivery of images to agent.