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Website Terms of Service & Media License
 

1. Ownership & Copyright Retention

All photographic images, video footage, aerial/drone media, 360° virtual tours, floor plans, and digital assets produced by HomeSpot Media LLC (“HomeSpot Media”) remain the sole, exclusive intellectual property of HomeSpot Media.

  • Title 17 of the United States Code (U.S. Copyright Act) protects all media captured by HomeSpot Media.

  • Delivering media to a client does not transfer copyright ownership.

  • This agreement represents a limited, non-exclusive, revocable license to use the media, not a sale of intellectual property.
     

2. Scope & Duration of Temporary License

Upon full receipt of payment, HomeSpot Media grants the hiring real estate agent, broker, or brokerage (“Client”) a temporary, limited, non-transferable, and non-exclusive license to display and distribute the delivered media.

  • Permitted Use: Media may be utilized exclusively for the active advertising, promotion, and marketing of the specific property listing associated with the scheduled service (e.g., MLS, syndication portals, direct mail, digital/print flyers, and active social media listing ads).

  • Temporary Term: This license is tied directly to the lifecycle of the listing. The active promotional license terminates automatically upon:

    • The closing and final sale or lease of the property.

    • The expiration, cancellation, or formal termination of the Client’s listing agreement for that property.

    • The transfer of the property’s representation to another licensee, team, or brokerage.

  • Archival & Portfolio Exception: Following listing closing or cancellation, the Client retains a limited, royalty-free archival right to showcase delivered media strictly within their personal marketing portfolio (e.g., past sales showcases on personal websites or historical social media feeds) to demonstrate past representation. This exception does not permit re-marketing the property for future sale or lease.
     

3. Prohibition of Third-Party Transfers & Re-Use

The license granted herein is non-transferable and personal to the hiring Client.

  • Subsequent or Successor Listing Agents: If a listing agreement terminates, expires, or cancels and the property is later re-listed by a different agent, team, or brokerage, that new entity has no rights to use previous media captured by HomeSpot Media. A new, separate licensing fee and agreement must be secured directly with HomeSpot Media.

  • Commercial & Trade Third Parties: Builders, staging companies, contractors, interior designers, architects, and product vendors may not use or display any media captured during the shoot for their independent commercial promotion without purchasing a separate commercial third-party license from HomeSpot Media.

  • Property Owners & Buyers: Sellers and buyers may not repurpose media for commercial ventures, future private listings, or short-term vacation rentals (e.g., Airbnb, VRBO) without written permission and a separate licensing agreement.
     

4. Restrictions on Alterations & Artificial Intelligence (AI)

The visual integrity and compliance of all media must be maintained at all times:

  • Strict Prohibition on AI Ingestion and Generative Tools: Client shall not upload, submit, input, or process any media captured by HomeSpot Media into generative artificial intelligence (AI) models, machine learning systems, AI image-generation/upscaling tools, or AI video synthesis platforms (including image-to-video generators). Media may not be used to train AI models, create synthetic video tours, generate virtual avatars, or produce derivative digital content.

  • Standard Editing & Advertising Compliance: Client may not alter, heavily filter, recolor, or manipulate media in a manner that distorts or misrepresents the true physical characteristics or condition of the property, in strict adherence to Pennsylvania Real Estate Commission regulations and National Association of REALTORS® (NAR) Code of Ethics Article 12.
     

5. Watermarking, Identification & Crop Protection

  • Watermark Integrity: HomeSpot Media applies digital identifiers, metadata, and watermarks to specific media assets to safeguard intellectual property, verify licensing status, and trace unauthorized syndication.

  • Prohibition on Watermark Removal: Cropping, cloning out, blurring, or digitally removing any watermark, signature, or embedded metadata from delivered media is strictly prohibited.

  • Copyright Infringement Action: Removal of watermarks or metadata constitutes willful copyright infringement and triggers statutory damages under 17 U.S.C. § 1202 (Integrity of Copyright Management Information), in addition to immediate revocation of all marketing licenses.
     

6. Payment, Breach & Cancellation

  • Payment Contingency: Media usage rights activate only upon full payment of the invoice. Utilizing, publishing, or syndicating unpaid media constitutes immediate copyright infringement.

  • Cancellation & Rescheduling: Project cancellations and reschedules adhere strictly to HomeSpot Media’s published service-tier cancellation fee schedule. Credit card processing fees are non-refundable across all cancellations.

  • Infringement Remedies: Unauthorized distribution, secondary licensing without consent, or failure to pay will result in immediate license termination, formal DMCA takedown demands, statutory copyright infringement claims, and collection of reasonable legal and licensing fees.

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