Before using our services, please read and understand the following User Terms. These terms govern your use of our real estate photography services and form a legally binding agreement between you (the user) and Bybee Real Estate Media. By using our services, you agree to be bound by these User Terms.
Service Description
Bybee Real Estate Media provides professional real estate photography services to clients in need of visual content for their property listings. Our services include but are not limited to property photography, virtual tours, drone photography, and post-processing/editing.
Ordering Services
a. To order our services, you must provide accurate and complete information about the property and your requirements.
b. By placing an order, you confirm that you have the necessary rights and permissions to allow us to access and photograph the property.
Pricing and Payment
a. The pricing for our services will be clearly communicated to you before placing an order. Prices are subject to change at our discretion.
b. Payment must be made in full before the delivery of the final product. We accept payment through the methods specified on our website or as otherwise agreed upon.
Cancellation and Rescheduling:
a. To cancel or reschedule a booking, you must provide us with reasonable notice in advance. Failure to provide adequate notice may result in cancellation fees.
b. We reserve the right to cancel or reschedule a booking due to circumstances beyond our control, such as inclement weather or equipment failure. In such cases, we will make every effort to provide an alternative date or issue a refund.
Intellectual Property:
a. All intellectual property rights, including copyrights, related to the photographs and virtual tours produced by Bybee Real Estate Media remain the property of Bybee Real Estate Media.
b. Upon payment, you are granted a non-exclusive license to use the visual content solely for the purpose of promoting the property in question. You may not sell, license, or distribute the content to third parties without our prior written consent.
Limitation of Liability
a. While we strive to provide accurate and high-quality visual content, we do not guarantee the suitability, accuracy, or completeness of the photographs and virtual tours.
b. Bybee Real Estate Media shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our services or the content we provide.
Confidentiality and Privacy
a. We respect your privacy and will handle any personal information in accordance with our Privacy Policy.
b. We may use the photographs and virtual tours produced by us for marketing and promotional purposes unless otherwise agreed upon in writing.
Governing Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the laws of the state of California. Any disputes arising out of or in connection with these User Terms shall be subject to the exclusive jurisdiction of the courts of the state of California.
Amendments and Termination:
a. Bybee Real Estate Media reserves the right to amend or modify these User Terms at any time. Any changes will be effective immediately upon posting on our website.
b. We may terminate your access to our services if you breach these User Terms or engage in any illegal or harmful activities.
By using our services, you acknowledge that you have read, understood, and agreed to these User Terms. If you do not agree to any of the terms outlined above, please refrain from using our services. If you have any questions or concerns, please contact us at diana.photo.brown@gmail.com.
Photos, Video, and Downloadable Content
It is the Client’s responsibility to immediately download and save all photos, video and other downloadable content that is delivered to Client by Bybee Real Estate Media. Bybee Real Estate Media is not a data storage service and does not accept the liabilities associated with long-term storage of client content.
Bybee Real Estate Media automatically permanently deletes any and all photos after thirty (30) calendar days of delivering access to the Client. Once photos and other images are deleted, they cannot be retrieved. In the event that Client fails to download their photos or other content within the thirty (30) calendar day period, or Client deletes, loses access to or otherwise fails to keep safe their content after such period, Client agrees to hold Bybee Real Estate Media harmless.
Matterport 3D Tour Hosting
With the exception of Builder 3D or Site Survey products, Bybee Real Estate Media provides sixty (60) calendar days of free hosting to Client starting on and including the date of capture. After this free hosting period, it is the responsibility of the Client to notify Bybee Real Estate Media in writing that Client wishes to continue hosting the 3D tour through a paid subscription plan as provided by Bybee Real Estate Media.
Client shall not rely upon Bybee Real Estate Media to notify Client that their current hosting plan (whether free or paid) is nearing its termination. It shall be the responsibility of Client to ensure that a hosting plan is in place and paid in full for any tours stored on Bybee Real Estate Media’s Matterport hosting account.
Client may, at any time, request that Bybee Real Estate Media transfer, free of charge, any tour(s) belonging to Client to a Matterport account operated by Client or another party as requested by Client. However, Bybee Real Estate Media will not transfer any Client tours to another account until all outstanding balances owed by Client are paid in full to Bybee Real Estate Media.
If a Client Matterport tour’s hosting plan expires and Client has made no effort to initiate a new hosting plan or to renew the existing hosting plan, Bybee Real Estate Media may immediately archive or permanently delete the tour. Deleted tours can never be retrieved or made active again. Furthermore, if Client has indicated they wish to extend the hosting for a Tour but has yet to make payment in full for said hosting, Bybee Real Estate Media may archive or permanently delete the tour.
Client acknowledges that in the event a Tour has been archived for reasons outlined above, that Bybee Real Estate Media may require a reactivation fee of $19.99 to make the tour active again. Additionally, Bybee Real Estate Media will require a paid hosting plan to be in place and paid in full to make the tour active again.
After the initial sixty (60) calendar day period, Bybee Real Estate Media reserves the right to refuse to extend hosting to client. In such a case, Bybee Real Estate Media will provide client a reasonable period of time in which to find another Matterport account to which the tour can be transferred.
Matterport tours are stored on a platform owned and operated by Matterport Inc., a publicly traded company (MTTR). Client will hold Bybee Real Estate Media harmless in the event that Matterport Inc. makes it impossible for Bybee Real Estate Media to uphold its hosting obligations to Client.
By using our services, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree to any of the terms outlined above, please refrain from using our services. If you have any questions or concerns, please contact us at diana.photo.brown@gmail.com.