Mill City Pixels Terms of Service

TERMS OF SERVICE

By using the website called “millcitypixels.com” and all services called “Mill City Pixels,” you have agreed to be bound by the Terms of Service described in this document called the Terms of Service.

Mill City Pixels (Photographer) retains the copyright rights for all images, videos, and other marketing media delivered to the purchaser (hereby referred to as the “Deliverables”). The copyright of a Deliverable is not transferred to any other party unless a specific written agreement is made. 

Mill City Pixels has the right to update and change the Terms of Service from time to time without notice. Any new functionality or services that change or enhance the current Service shall be subject to these Terms of Service. If you continue to use the Service after any such changes, you agree to such changes and their meaning.

CANCELLATION POLICY

Appointments canceled after 8pm the day before the shoot will be subject to a cancellation fee which will be charged to the credit card on file.

Properties up to 4,000 square feet and Aerial Shoots incur a $35.00 cancellation fee. Properties over 4,000 square feet and Night Shoots incur a $75.00 cancellation fee.

In the event of unfavorable weather, you may opt to reschedule for our next available appointment. You may also opt to proceed with the shoot as originally scheduled. Please note, the photos may reflect the weather conditions at the time of the shoot.

If severe weather conditions or conditions in and around the property present a danger to the photographer or potential damage to equipment, we reserve the right to reschedule and/or cancel the appointment.

Unless specifically requested, the composition and areas photographed will be at the discretion of the photographer. We do ask that the property be photo-ready when the photographer arrives. The photographer is not responsible for cleaning and/or staging the home.

REAL ESTATE USAGE RIGHTS

Images provided by Mill City Pixels may be used by the client for any marketing associated with the current sale of the property including but not limited to the MLS, printed materials, website, publication, and the agent’s personal marketing. Photo usage rights are considered short-term usage rights which revert back to Mill City Pixels upon sale of the property.

All images are owned and copyrighted by Mill City Pixels and a license granted only to the client. Any usage, transfer, or sale of the images to a third party is prohibited unless approved in writing by Mill City Pixels. Third-party usage rights are available for purchase through Mill City Pixels.

PHOTO TRANSFER POLICY

Mill City Pixels retains the long-term usage rights to the photos but as a policy, we do seek the previous agent’s approval as a courtesy. Mill City Pixels is not required to seek permission from the former agent. We offer the former agent 50% of the original package price in the form of a credit for a future Mill City Pixels order. The credit is only provided if the property did not sell when originally listed. Mill City Pixels is not required to provide this credit and is under no obligation to do so. Mill City Pixels will then charge the corresponding package price to the new agent.

ACCOUNT TERMS

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You are responsible and liable for all content posted to the Service and any activity that occurs under your account even when content is posted by – or activities being deployed by – others who have accounts under your account.

To use this Service, one must be 18 years of age or older.

To complete the sign-up process, you must provide all information requested including your full legal name and a valid email address.

Accounts registered by automated methods are not permitted.

For login, each user will choose a user name and password combination.

Each login may only be used by one person.

Each user is responsible and liable for maintaining the security of their username and password. Mill City Pixels will not be liable for any loss or damage from failure to comply with this security obligation.

Violation of any of the terms in this document will result in the termination of your account. While Mill City Pixels prohibits such conduct and content on the Service, you understand and agree that Mill City Pixels cannot be responsible for the content posted on the Service and you, nonetheless, may be exposed to such materials.

Technical support is provided via email to info@millcitypixels.com. (Mill City Pixels aims to respond within 24 business hours, but is under no obligation to do so).

You are not allowed to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Mill City Pixels.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mill City Pixels.

Mill City Pixels can but has no obligation to remove content and accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

DISCLAIMER OF WARRANTIES

MATERIAL FROM MILL CITY PIXELS IS OFFERED ON AN “AS IS” BASIS. NEITHER MILL CITY PIXELS NOR ITS INFORMATION PROVIDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE ACCURACY OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL MILL CITY PIXELS OR ITS INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, ARISING FROM ANY ACT OR FAILURE TO ACT BY MILL CITY PIXELS OR ITS INFORMATION PROVIDERS WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

The failure of Mill City Pixels to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision or term described in the Terms of Service. The Terms of Service constitute the entire agreement between you and Mill City Pixels and govern your use of the Service, superseding any prior agreements between you and Mill City Pixels.

Mill City Pixels reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

You are solely responsible and liable for properly canceling your account. An email, fax, or written request to cancel your account is considered a cancellation. Any payment due at the time of cancellation remains due and Mill City Pixels is under no obligation to offer a refund for any prepaid service.

Mill City Pixels, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other Mill City Pixels service, for any reason at any time.

PAYMENT

Payment is due at the time of order, unless otherwise agreed upon by Photographer & Client. Watermarked Deliverables will be made available to the Client until payment is made, at which point the watermarks will be automatically removed from the Deliverables and be made available to download.

PROPERTY PREPARATIONS

Client will assume all responsibility for making sure the home is ready for capturing of Deliverables at the scheduled time. Photographer will not be responsible for cleaning, staging, moving furniture, or repairing the home to prepare it for photography. Photographer is not responsible for disguising known blemishes to a property and retains the right to refuse any modification to photos that would misrepresent the property.

DIGITAL MEDIA BACKUP

Final Deliverables are backed up by the Photographer for no more than 60 days after the original date of delivery. It is recommended that the Client creates a back-up of all Deliverables once they are downloaded.

Once the property is sold or picked up by another agent, the license for the Client to use the Deliverables is invalid. At this point in time, the Client should delete all original and backed-up versions of the Deliverables.

SECURITY MEASURES

We use the SSL/HTTPS protocol throughout our site. This protocol encrypts user communications with the servers so that personally identifiable information is not captured or hijacked by third parties without authorization.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

TRAVEL FEES

Travel fees may be added by the Photographer based on the physical distance from the Photographer’s business address. In any case, the travel fee will be disclosed to the Client at the time of order.