General
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from force majeure for which we will not be responsible. In order to contract with KMc Media LLC you must be over 18 years of age. KMc Media LLC retains the right to refuse any request made by you.
Media are only saved for 14 days. Please download your media right away.
Prices are subject to change.
Terms of Sale and Service
Scope of these Terms. Any photograph, graphics, digital assets, or digital images created or taken by KMc Media LLC and delivered to You (collectively known as “MEDIA”) for the property listing detailed (“PROPERTY”). These terms govern the relationship between us and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms unless agreed to in writing.
Rights: All Media and rights relating to them, including copyright and ownership rights in the media in which the Media are stored, remain the sole and exclusive property of KMc Media LLC. You cannot sell, transfer, or give away the images to anyone else. This “temporary” license also provides You with the full right to reproduce, publicly display, and distribute the Media for promotional or advertising purposes directly related to the sale of the Property. Media may be uploaded to any social media platform for promotion of the Property during the pendency of these terms. This “permanent” license also provides You with the full right to reproduce, publicly display, and distribute the Media for promotional or advertising purposes directly related to You. Media may be uploaded to any social media platform for promotion of You into pertpetuity. Photos used in publications such as magazines (print/online) MUST be accompanied with the following photo credit: “Photo(s) by KMc Media”. Photos/Media may never be distributed or sold to any third parties for use in any way. Usage rights must be purchased for every third party use. Rights are assigned to You immediately upon delivery of the Media.
Relationship of the Parties: The parties agree that KMc Media LLC is an independent contractor, and that neither KMc Media LLC, nor KMc Media LLC’s employees or contract personnel are, or shall be deemed to be, employees of Yours. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms. Neither of us is authorized to act as agent or bind the other except as expressly stated in these terms. KMc Media LLC and the Video/Photos or any other deliverables prepared by KMc Media LLC shall not be deemed a work for hire as defined under Copyright Law. All rights granted to You are contractual in nature and are expressly defined by these terms.
Creation: KMc Media LLC will use our best efforts to: (a) ensure that the Photos conform to Your specifications; and (b) submit all Photos to You in publishable quality, on or before the applicable deadlines.
Delivery: Residential photos are ready within 1-2 business day after session. Residential and Commercial photo selections are ready within 1-2 business days after selection. Portfolio photos are ready within a week after selection. KMc Media LLC may select delivery of photographs in JPEG at a resolution determined to be suitable for the Photos as licensed. Videos are available within a week and will be edited to a two (2) minute or less compilation in .mp4 format for high quality and mobile viewing. It is Your responsibility to verify that the Photos are suitable for reproduction and that if the Media are not deemed suitable, to notify KMc Media LLC within five (5) business days. Render Media are available within 1-2 weeks after payment and reference submittals. The price for Renders include two sets of revisions. Any additional changes or outputs will incur additional fees. Additional fees apply for expedited delivery.
Fees: All fees and expenses payable under these terms are required prior to delivery of the Media.
Cancellation: If your cancellation of these terms is 24 hours prior to the Property shoot, You will not be penalized. Same day cancellation is $75.
Inclement Weather: KMc Media LLC will shoot in most situations rain or shine, You can reschedule the shoot to the next available date due to weather conditions and not be subject to a cancellation/rescheduling fee. If inclement weather or the wind is above 12 knots per hour (about 13MPH), your Aerial session will have to be rescheduled.
Return Reshot: For any reshoot required because of any reason outside the control of You, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, KMc Media LLC will charge no additional fee. If KMc Media LLC is at fault and a reshoot/revisit is necessary, KMc Media LLC will charge no additional fee if the request is made within 2 weeks of the original service. After 2 weeks, You are subject to reshoot/revisit fees. You will be charged a fee for any reshoot required by you in which KMc Media LLC was not at fault for the reason for reshoot.
Lot Lines and Floor Plans: Lot lines applied and measurements may not be 100% accurate.
Weekend Session: Weekend session additional fee; based on availability is $100.
No Exclusivity: This Terms of Service does not create an exclusive relationship between KMc Media LLC and You. You are free to engage others to perform services of the same or similar nature to those provided by KMc Media LLC, and Video/Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by KMc Media LLC.
Transfer and Assignment: You may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the KMc Media LLC and You. However, the invoice may reflect, and You are bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: You will indemnify and defend KMc Media LLC against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Video/Photos or materials furnished by You. It is the Your responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the KMc Media LLC and You, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of TEXAS. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in HOUSTON, TEXAS, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
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