Location, Exterior and Interior Property Photography / Aerial Video  (for homes and apartments up to 4305 square feet / 400 sq. meters)

Terms and Conditions, Terms of Service

 

Terms and Conditions, Terms of Service

Revised 1st September, 2017.

 

Terms and conditions may be revised without notice. For previous versions of the terms and conditions please contact us. The terms and conditions that were current at the time of the issuance of your invoice will be used.

 

 

By paying your INVOICE, you, the Client, as described on the INVOICE, agrees to the following terms and conditions (the “Agreement”) and is granted Standard License(s) as herein described for photography, virtual tours and or videography, brochures and other media produced by Abdone Studio, (hereinafter referred to as “Content” as a whole and as “Items” individually) to be used as described below. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Abdone Studio.

 

Terms and conditions

 

[1] Definition: “Image(s), photo” means all visual representations furnished to Client by abdone.com (stated as Photographer), whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise in this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including colour profile, if provided) are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer’s judgment as to the acceptability of the Images.

 

[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of abdone.com. Unless otherwise specifically provided elsewhere in this document, any grant of rights are unlimited to a term of time to use in print (conventional electronic and digital) media in Republic of Ireland. Unless otherwise specifically provided elsewhere in this document, no images licensed for use on a cover of a publication or magazine may be used for promotional or advertising purposes third parties. All images are licensed to use only for Client’s promotional or advertising purposes. No rights are transferred to Client unless and until Photographer has received payment in full. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and digital usages of any kind are permitted.

 

 

[3] Payment and Collection Terms:

 

Invoices from Photographer are payable upon receipt by Client. The unpaid amount of any invoice, within 10 days of the mailing date of the invoice, will incur a late payment charge. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorneys’ fees, court costs and all other litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than the state of Photographer’s principal place of business.

 

 

 

Standard License(s)

Each Item detailed in the Invoice will have different terms and conditions. Each Item will have a set terms and conditions, set of usage rights and set usage restrictions.

 

 

Description of Item

Exclusivity of

License

Term

Permitted Uses

What the Item(s) can be used for.

Prohibited Uses

What the Content cannot be used for.

Budget Listing

Standard Listing

Full Listing

DeLuxe Listing

Aerial Drone Photography

Essential Portfolio Package

Signature Collection Photos

 

Non-Exclusive.

This means that Abdone Studio may reuse or resell the photos without any limiatations. For instance, if the exterioror amenity spaces of apartment building are shot for one client, we will provide those photos to other clients who have photos taken in the same building.

This helps all of us in that it decreases the disruption of usage in common areas and increases the ability to get the best exterior photos.

One Year from the date of invoice. The Term may be extended if the property has not sold with in the one year period up to a maximum of Four (4) years.

The Item(s) may be used digitally for the marketing and listing on the daft.ie, myhome.ie, client website and other websites intended for the purpose of selling property/real estate. The Item(s) may also be used in print, including but not limited to listing brochures and advertisements intended for the marketing and sale of the property including magazines, newspapers, flyers and mail drops.

The Item(s) may also be gifted for personal use to the owners of the property.

The Item(s) may not be used for any other commercial use such as but not limited to the advertising or marketing of

the agent, builder, developer, or any other contractor.

All Content described as Video or Drone Video, YouTube Video. Custom interior video, Property Video Tour 4K/HD, Time lapse exterior video HD

Non-Exclusive. 99 years The Item(s) may be used an unlimited amount of times across all mediums.  


Prohibited Uses

 

In Addition to the Prohibited Uses described above, The Client further may not:

1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

2. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

3. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

4. use the Content in a fashion that is considered by Abdone Studio (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;

5. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;

6. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

7. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;

8. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, including torent servers;

9. use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©Abdone Studio – www.abdone.com”;

 

 

Property and Model Releases

The Client acknowledges that Abdone Studio may require model and/or property releases to be signed. In the event that Abdone Studio or The Client is unable to obtain the necessary release, The Client will hold Abdone Studio harmless for any loss or damages that may arise from such.

The Client acknowledges that for all Packages listed/offered, that Abdone Studio is not required to obtain a property release from the owner of the property photographed and that the Client agrees to obtain consent from the owner(s) and or tenants of the property photographed for all the permitted uses outlined within this agreement.

The Client acknowledges Abdone Studio may use The Content in its own online and print promotion, for example online on Abdone Studio’ website www.abdone.com, and other affiliated websites, image hosting services such as www.flickr.com, www.500px.com, www.vimeo.com, www.instragram.com, www.pinterest.com and/or social media sites such as www.facebook.com, www.twitter.com and www.linkedin.com. Some Content such as virtual tours and photos will be posted online for the benefit of, or at the request of the Client, and it will be the responsibility of the Client to inform Abdone Studio in writing or by e-mail to info@abdone.com if such posting of the Content requires removal from the web, upon which Abdone Studio will remove the Content from the web as requested by the Client in a reasonable timeframe.

 

Terms of Service

 

[1] Pricing: Prices are for Dublin City and surrounding areas up to 20 km. Travel charges: We do provide our services outside of the Dublin area as well, but we charge extra for travel: € .75/km

 

[2] Payment: Payment is due before images are available for download. Unfortunately we cannot accept cash.

 

[3] Bad Weather: In the case of rainy / inclement weather, we can shoot your property’s interior, but you may want to reschedule your shoot. It’s no charge to reschedule a shoot due to inclement weather, but if we have to return at a later time for additional shots, then additional charges will apply.

 

[4] Cancellation: If you need to cancel your shoot, please give us a couple days advance notice. If you cancel last minute, are late to the property, or a no-show, we are kindly asking to avoid this kind of situation. We understand things come up, but please consider our schedule.

 

[5] Copyrights: You can use the images we provide for just about anything in relation to your business. If you need the images to be exclusive where we couldn’t also use them to promote our business, then an added fee may apply. You are allowed to use the images for your own website / property listing or advertising your business.

 

 

Term of Agreement

The Client can terminate this Agreement by destroying the Content and any derivative works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose provided that all monies owed to Abdone Studio have been paid in full. The Agreement also terminates without notice from Abdone Studio if at any time The Client fails to comply with any of its terms. Upon termination, The Client must immediately (i) cease using the Content and for any purpose;

(ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Abdone Studio in writing that The Client has complied with these requirements. (b) Abdone Studio reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by The Client, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. The Client agrees not to use the replaced Content, or any derivative works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any derivative works, in products that already exist. (c) Upon notice from Abdone Studio, or upon The Client’s knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Abdone Studio may be liable, The Client must immediately and at The Client’s own expense (i) stop using the Content; (ii) delete or remove the Content from The Client’s premises, computer systems and storage (electronic or physical); and (iii) ensure that The Client’s clients, printers or ISPs do likewise. Abdone Studio shall provide The Client with replacement Content (which shall be determined by Abdone Studio in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. No money will be refunded or returned to the Client in the event of termination.

Abdone Studio Representations and Warranties

OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 7(a), THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Indemnification and Liability

IN NO EVENT SHALL ABDONE STUDIO OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE CLIENT’S USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO THE CLIENT HEREUNDER, EVEN IF ABDONE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF THE CLIENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE. (d) NOTWITHSTANDING ANY OTHER TERM HEREIN, ABDONE STUDIO SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFCATIONS MADE TO THE CONTENT BY THE CLIENT OR THE CONTEXT IN WHICH THE CONTENT IS USED BY THE CLIENT. (e) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF ABDONE STUDIO UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH THE CLIENT HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE OBLIGATION OF ABDONE STUDIO UNDER SECTION 8(a) SHALL BE LIMITED TO AN AGGREGATE OF FIVE THOUSAND (€5,000) EURO. FOR GREATER CLARITY, ABDONE STUDIO’S LIABILITY TO THE CLIENT IN RESPECT OF THE CONTENT SHALL NOT EXCEED FIVE THOUSAND (€5,000) EURO REGARDLESS OF THE NUMBER OF TIMES THAT THE CLIENT LICENSE THE SAME CONTENT FROM ABDONE STUDIO. THE CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD ABDONE STUDIO, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (COLLECTIVELY, THE “ABDONE STUDIO PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES ON A SOLICITOR AND CLIENT BASIS) INCURRED BY ANY ABDONE STUDIO PARTY AS A RESULT OF OR IN CONNECTION WITH ANY BREACH OR ALLEGED BREACH BY THE CLIENT OR ANYONE ACTING ON THE CLIENT’S BEHALF OF ANY OF THE TERMS OF THIS AGREEMENT.

General Provisions

1. ABDONE STUDIO failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. 2. This Agreement is personal to The Client and is not assignable by The Client without ABDONE STUDIO’ prior written consent. ABDONE STUDIO may assign this Agreement without The Client’s consent to any other party so long as such party agrees to be bound by its terms. 3. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. 4. The Client agree to pay and be responsible for any and all taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to The Client, or of The Client’s use of the Content, pursuant to this Agreement. 5. This Agreement will be governed under the laws of the Republic of Ireland.