Brought to you by Rogue Productions 2021 © All rights reserved.
All Photos, Video, Matterport, Drone, or other media (hereunto known as "Content") and rights relating to them, including copyright and ownership rights in the media in which the Content are stored, remain the sole and exclusive property of Virtual Tour MN, a division of Loon's Eye, L.L.C. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Content only for promotional or advertising purposes directly related to the sale of the property. Content used for any purpose not directly related to the sale of the property must be with the express permission of Virtual Tour MN, a division of Loon's Eye, L.L.C, and the payment of additional fees unless otherwise agreed to in writing.
Content may be uploaded to any M.L.S. listing service solely for the promotion of the property. However, regardless of any terms and conditions of the M.L.S., at no time does this Agreement provide Client with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Content may contain copyright management information (CMI) at the discretion of Virtual Tour MN, a division of Loon's Eye, L.L.C. in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited. It constitutes a violation of the Digital Millennium Copyright Act (DMCA). The Client will be responsible to Virtual Tour MN, a division of Loon's Eye, L.L.C., for any penalties and awards available under the statute.
Unless otherwise expressly provided elsewhere in this document or other signed Agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement or (2) at the termination of Client's representation of the property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the Client immediately upon delivery and payment of the Content.
Virtual Tour MN, a division of Loon's Eye, L.L.C., nor Virtual Tour MN, a division of Loon's Eye, L.L.C.'s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended. Virtual Tour MN, a division of Loon's Eye, L.L.C. and the Content or any other deliverables prepared by Virtual Tour MN, a division of Loon's Eye, L.L.C. shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the Client are expressly defined by this document.
The manner and method of creating any Content are solely at the discretion of Virtual Tour MN, a division of Loon's Eye, L.L.C., and the Client has no right to control the Content Creator's manner and method of performance. Virtual Tour MN, a division of Loon's Eye, L.L.C., will use their best efforts to (a) ensure that the Content conforms to the Client's specifications; and (b) submit all Content to the Client in publishable quality, on or before the applicable deadlines.
Virtual Tour MN, a division of Loon's Eye, L.L.C. may select delivery of photographs in JPEG, TIFF, PNG, or other standard formats, at a resolution that Photographer determines will be suitable for the Content as licensed. The Client's responsibility is to verify that the Content are suitable for reproduction and that if the Content are not deemed suitable, notify the Content Creator with five (5)business days. Virtual Tour MN, a division of Loon's Eye, L.L.C.'s sole obligation will be to replace the Content at a suitable resolution, but in no event will Virtual Tour MN, a division of Loon's Eye, L.L.C. be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise explicitly provided, Virtual Tour MN, a division of Loon's Eye, L.L.C. is not responsible for providing images 1) larger than 8" x10" at 300 dpi or 2) in a format higher than 8-bit or in R.A.W. format. Virtual Tour MN, a division of Loon's Eye, L.L.C., has no obligation to retain or archive any Content delivered to the Client.
All fees and expenses payable are required before Content are available to the Client. If exceptional circumstances were provided to the Client, full payment must be received within thirty (30) days, or all rights are revoked at Virtual Tour MN, a division of Loon's Eye, L.L.C., discretion. If rights are revoked, all images in possession of the Client will be removed from all forms of media and permanently destroyed within ten (10) days. The Client shall provide Virtual Tour MN, a division of Loon's Eye, L.L.C., with a written statement that all images have been removed and destroyed.
If the Client cancels a scheduled event on the same day it is scheduled, the Client will pay a twenty-five (25)% cancellation fee. If The Content Creator is en route during the cancellation or arrives at the property and the property is inaccessible or not ready for the services scheduled, the Client will pay a fifty (50)% cancellation fee.
The Client may not assign or transfer any rights granted in this document.
The Client will indemnify and defend The Content Creator and Virtual Tour MN, a division of Loon's Eye, L.L.C., against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Content or materials furnished by Client. It is the Client's responsibility to obtain the necessary model, or property releases are ensure they are in full effect and force.
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.
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.