Home Lab Creative Terms of Service
Effective Date: 12/20/2023
1. Usage Rights and Payment Terms
Home Lab Creative ("we," "us," or "our") retains all rights to the photographs, videos, 3D tours, or any other media ("Media") provided until full payment has been received.
2. Usage Authorization
Upon receipt of full payment, the client ("you" or "your") is granted non-exclusive rights to use the Media solely for the purpose of marketing the property for sale or rent. These rights are non-transferable and may not be sublicensed.
3. Restrictions
You may not alter, reproduce, or distribute the Media beyond the scope of the original marketing purpose without the express written consent of Home Lab Creative.
4. Copyright
Home Lab Creative retains the copyright to all Media created, and you may not claim ownership or authorship of the Media.Home Lab Creative owns the rights to re-use and re-sell any digital media previously produced and delivered by Home Lab Creative.
5. Payment Responsibility
Payment for our real estate photography services must be made in full and in accordance with the agreed-upon terms before any usage rights are granted. No rights to use the Media provided by Home Lab Creative are granted until full payment is received.
6. Termination
In the event that you fail to make full payment as agreed, Home Lab Creative reserves the right to revoke any usage rights previously granted.
7. Governing Law
This policy shall be governed by and construed in accordance with the laws of Florida. Any disputes arising from or related to this policy shall be subject to the exclusive jurisdiction of the courts in Florida.
8. Limitation of Liability
Home Lab Creative shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the Media, whether the action is in contract, tort (including negligence), or otherwise. Our liability for any claim related to the Media, regardless of the form of the action, shall not exceed the total amount paid by you for our services.
9. Indemnification
You agree to indemnify, defend, and hold harmless Home Lab Creative and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Media. This includes, but is not limited to, any claims made by third parties that the Media infringes upon or violates any third-party rights or any laws.
10. Restricted Use of Music
The music incorporated in any video content provided by Home Lab Creative is licensed solely for use within the specific video project delivered to you. This music must not be extracted, altered, or used separately in any future projects, whether created by Home Lab Creative or any other entity. Unauthorized use or modification of the music may violate copyright laws and agreements with our music providers, and could lead to legal action against the violator.
11. Duration of 3D Tour Hosting
Home Lab Creative offers hosting services for 3D tours of properties. These tours will be hosted and accessible for a period of four (4) months from the date of delivery. After this period, the hosted 3D tours will be removed from our servers and will no longer be accessible online.
12. Archival of 3D Tours
Following the initial four-month hosting period, Home Lab Creative will archive the 3D tours for an additional three (3) months. During this archival period, the tours will not be publicly accessible but can be reinstated upon request. Please note that reinstating a 3D tour from the archive may incur additional fees. After the total of seven (7) months (four months of hosting plus three months of archival), the 3D tours will be permanently deleted from our systems unless otherwise agreed upon in writing.
13. Media Storage and Archival Policy
Please be aware that our responsibility for storing the Media extends only up to six (6) months from the date of delivery. Beyond this period, Home Lab Creative shall not be held responsible for recovering, reproducing, or providing any Media that has been deleted or lost. We strongly recommend that you secure your own copies of the Media for long-term storage and safekeeping.
By downloading and using the Media provided by Home Lab Creative, you acknowledge and agree to these terms and conditions.
Please review this policy carefully, as your use of our media signifies your acceptance of these terms and your commitment to comply with them. If you have any questions or concerns regarding this policy, please contact us at [email protected] or (786)250-9463.
This policy is subject to change without notice. Please check back this policy periodically for updates.
Thank you for choosing Home Lab Creative for your real estate photography needs.