Terms and Conditions

Terms of Service Agreement

This Terms of Service Agreement, together with all documents referred to herein (collectively, the “Agreement”), constitutes a legally binding agreement between you (“you,” “your,” or “User”) and Agent Media LLC (“Agent Media,” “we,” “us,” or “our”), a Arizona Limited Liability Company. This Agreement governs your use of our website located at www.agentmedia.pro (the “Website”), including all content, functionality, and services offered on or through the Website, whether as a guest or registered user.

Acceptance of the Terms of Service

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.agentmedia.pro/privacy-policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

By accessing or using our Website or Services, you consent to be governed by the terms of this Agreement as applicable at the time of your use. We reserve the right to modify and update any portion of this Agreement at our sole discretion. Updates will be posted on our Website and take effect immediately upon posting. Continued use of our Website or Services following such updates constitutes your acceptance of the changes. If you disagree with any provisions of this Agreement or our Privacy Policy, you should refrain from using the Website and the Services.

Eligibility

By utilizing our Website, you affirm and warrant that you have attained the age of eighteen (18) years or are of legal age to enter into a binding contract and comply with these terms and conditions. Should you accept or agree to this Agreement on behalf of another individual, a company, or any other legal entity, you further affirm and warrant that you possess the requisite legal authority to bind such entity to these terms. In such cases, references to “you” or “your” in this Agreement shall apply to that entity. If you do not satisfy all of these criteria, you are prohibited from accessing or using our Website.

Privacy Policy

Agent Media is committed to protecting your privacy. We encourage you to review our detailed Privacy Policy available at www.agentmedia.com/privacy-policy. This policy outlines the types of information we collect about you, the methods we use to process your data, and the measures we take to safeguard your personal information while respecting your preferences concerning its use.

Website, Services and Your Consent

We reserve the right to modify or discontinue our Website and any Services or materials we offer on our Website, at our discretion without prior notice. Unless expressly stated otherwise, we shall not be liable if, for any reason, our Website or any part of it is unavailable at any time or for any duration. We may occasionally restrict access to certain sections of our Website, or the entire Website, to users, including registered users.

To maintain the security and integrity of our Website and Services, Agent Media reserves the right to block access from certain IP addresses at any time at its sole discretion.

By accessing, registering on, or using our Services, you consent to receive this Agreement in electronic format and agree that Agent Media may communicate with you electronically. All communications, including notices, disclosures, updates, and agreements provided electronically by Agent Media, either by posting on the Website or by email to your designated address, are deemed to be as legally effective as if they were provided in writing and signed by Agent Media. Communications to Agent Media should be directed to Agent Media, LLC, 711 E Lemon St Ste 133 Tempe AZ 85281 or via email at info@agentmedia.pro

We commit to providing the Services and Deliverables you request via the Website or as otherwise agreed in writing between you and us. Detailed descriptions of our current Services, packages, and terms specific to certain Services are available on our Website. We reserve the right to determine the content, functionality, and staffing of our Website sufficient to support our Services, at our sole discretion. Furthermore, Agent Media retains the right to employ contractors or third parties to fulfill any Services or provide any Deliverables as deemed necessary.

Obligations of the Client

You are accountable for making all necessary arrangements to ensure access to our Website, Services, and Deliverables. You are also responsible for ensuring that all individuals accessing our Website and Services through your internet connection are aware of and comply with this Agreement.

To access certain sections of our Website, or to utilize specific content, you may be required to provide registration details or other information. It is a condition of your use that all information you supply is accurate, current, and complete. You acknowledge that any information you provide, including but not limited to interactions with our Website’s features, is governed by our Privacy Policy and this Agreement, and you consent to our taking any lawful actions with respect to your information consistent with our Privacy Policy.

If you have an account with specific login credentials (“User ID”) for our Services, you must keep your User ID confidential and not disclose it to others. Your User ID is personal and exclusively for your use; you must not share it or allow others to use it to access your account, our Website, or our Services without our authorization. You must immediately notify us of any unauthorized use of your User ID or any other security breaches. Additionally, you should ensure that you log out from your account at the end of each session, especially when using a public or shared computer to prevent others from viewing or recording your User ID or personal information. Agent Media is not liable for any loss or damage resulting from your failure to comply with these security requirements.

We reserve the right to disable any User ID or other identifier, whether chosen by you or provided by us, at any time if we believe you have breached this Agreement or if you no longer agree to receive electronic communications. We may also cooperate with law enforcement authorities in prosecuting users who violate the law.

Please ensure you retain a printed copy of this document for your records.

You agree to promptly respond to any reasonable requests from us (or any authorized representative) for instructions, information, or approvals necessary to provide our Services.

You agree to cooperate with us in our provision of Services and to provide access to your systems, premises, employees, contractors, information, and equipment as needed.

You must comply with the following:

Our Privacy Policy;

This Agreement;

All payment obligations;

Any addenda to this Agreement including customized services or special pricing;

Any nondisclosure and/or confidential disclosure agreements entered into with us.

Specific Service Terms

Enhancements

For a comprehensive overview of the contents of our Service Packages and available ‘Enhancements’, please visit www.Agent Media.com.

Agent Media reserves the right to adjust the number of photos processed in each package based on the specific circumstances of each property.

Scheduling

Upon placing your order, an Agent Media representative will contact you via telephone or email to arrange the scheduling of your Services, unless you opt to schedule your photoshoot online at the time of ordering.

Agent Media disclaims any liability if contact cannot be made due to incorrect contact information provided during registration, your unavailability, or any other related reasons.

In the absence of an agent or property owner at the scheduled time for Services, and without prior instructions regarding photo selection, the photographer will exercise discretion in the choice of shots.

The responsibility for preparing the property for the photo shoot lies with the property owner and/or agent. Agent Media will not be held accountable if the property is not in ‘show-quality’ condition; all photographs are taken of the property in its ‘as-is’ state, with minor adjustments to lighting and window coverings to improve photo quality.

Access to the property must be granted by an agent or property owner at the scheduled time. Agent Media is not liable for issues arising from inaccessible properties and reserves the right to impose fees for cancellations, rescheduling, reshoots, or travel due to such inaccessibility.

Distribution of Services and Deliverables

Following the completion of a shoot and the processing of photos, the images and tours will be uploaded to the Website. An email with a link to access these photos and Services will be sent to the registered contact. While Agent Media is not liable for undelivered emails, efforts will be made to resend Deliverables to an alternative email address if informed of non-receipt.

No refunds will be issued if a property is sold in the period between the photography session and the distribution of the photos to the agent and/or property owner.

Internet Display

You acknowledge and agree that all photos and images displayed on the internet remain the exclusive property of Agent Media. You further acknowledge that all Deliverables uploaded to the internet are potentially accessible to the public. If an agent or property owner’s contact information is associated with a Deliverable or listing, this information may also be displayed online for public viewing.

Agent Media reserves the right to distribute your property information and Deliverables to other real estate websites and portals to enhance the visibility of your listings. Should you prefer to opt out of such distribution, it is your responsibility to specify that your listing data should not be sent to any third-party sites when you request the Services.

Term of Agreement

This Agreement will remain effective for as long as you use the Website, engage with any Services, or maintain an account or registration with us. Agent Media reserves the right to terminate this Agreement or withhold certain Services if you fail to comply with all terms and conditions, including payment obligations, or as specified elsewhere in this Agreement.

Unless otherwise agreed in writing, you may terminate this Agreement or your account registration at any time and for any reason by: (a) following the termination instructions provided on the Website under account settings, (b) sending a written notice of termination to Agent Media Termination, 711 E Lemon St Ste 133 Tempe AZ 85281, or (c) sending an email notice of termination to info@agentmedia.pro

Even after termination of this Agreement, all financial obligations and any provisions intended to persist beyond termination will continue to apply. Additionally, the confidentiality obligations concerning trade secrets will remain in effect until such information no longer qualifies as a trade secret under applicable law.

Fees and Payment

You agree to pay the fees applicable for each Service selected by you at the time you request the Service. Service prices vary between residential and commercial properties. If fees for a specific Service are not listed on our Website or previously agreed upon, please contact Agent Media for further information. You are obligated to pay all fees in full without any deduction, setoff, counterclaim, or withholding for any reason whatsoever. All applicable taxes arising from transactions under this Agreement are your responsibility (excluding taxes based on our income) and shall be paid directly by you. Please note that all pricing for Services is subject to change without prior notice. Any late payments will incur interest at the lesser of 1.5% per month or the highest rate allowed under applicable law, calculated daily and compounded monthly. You are also liable to reimburse us for any costs incurred in collecting late payments, including attorneys’ fees.

Upon completion of each Service, Agent Media will bill you through an online Billing Account. If no specific invoicing or payment process has been agreed upon in writing, you must pay all fees through your Billing Account. You are required to provide valid payment card information in your Billing Account, and by doing so, you authorize Agent Media to charge this payment card for all fees (referred to as your “Payment Method”). This includes charges for Services and any Additional Fees such as cancellation fees, reshoot fees, travel fees, ‘no show’ fees, or upgrades selected after the initial order. If a valid Payment Method is not provided at the time a Service is requested, the Service will not be performed. We will bill your payment card upon completion of Services for all charges unless otherwise agreed. You authorize Agent Media and the processor of your Payment Method to initiate and complete payments for all fees and Additional Fees until this Agreement is terminated.

Agent Media will retain your Payment Method information in your Billing Account as a convenience for recurring payments. We employ commercially reasonable security measures to protect your Payment Method information, but cannot guarantee complete security against unauthorized access due to potential malicious attacks.

Additional Fees

Agent Media reserves the right to charge additional fees for cancellations, rescheduling, travel time, and reshoots. Full refunds for cancellations or rescheduling are available until 5:00 PM (local time) the day before the scheduled shoot. Cancellations after this time will incur a fee of $35. Once a property has been photographed, cancellations or rescheduling requests will not be eligible for a refund. Travel Fees apply for properties outside Agent Media’s geographical Service area, as detailed on the Service area map available at https://www.agentmedia.com/service-area-map/. Any applicable travel fees will be disclosed when the shoot is scheduled.

Confidentiality

During the course of this Agreement, either you (“Discloser”) or Agent Media (“Recipient”) may share non-public, proprietary, and confidential information (“Confidential Information” or “CI”) that the Recipient should reasonably consider confidential. If a separate nondisclosure agreement exists, its terms apply to CI disclosed under this Agreement. Otherwise, the Recipient will protect the CI with at least a commercially reasonable degree of care, not use the CI except as needed for this Agreement, and not disclose it except to personnel or contractors who require it to assist the Recipient under this Agreement.

If legally compelled to disclose CI, the Recipient will attempt to notify the Discloser in advance to allow for the seeking of a protective order or other remedy.

Intellectual Property Rights

Services and Website Content

Between you and Agent Media, all Services, the Website, and its entire contents, features, and functionality—including, but not limited to, all information, software, text, displays, unique color choices, images, video, audio, and the design, selection, and arrangement thereof, along with all associated goodwill and derivative works (collectively, “Intellectual Property”)—are owned by Agent Media. These are protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, “Intellectual Property Rights”). By entering into this Agreement or using the Website or Services, you do not acquire any right, title, or interest in any Agent Media property or Intellectual Property Rights.

Agent Media Trademarks:

The name and logo of Agent Media, as well as all related names, logos, service names, designs, and slogans, are trademarks of Agent Media. You agree not to use these marks without our prior written permission by using our Website. All other names, logos, service names, designs, and slogans on our Website are the trademarks of their respective owners.

Limited License

Agent Media retains ownership of all Intellectual Property Rights in all photos, images, videos, audio, and other materials provided to you as part of the Services or Website (collectively, “Deliverables”). Subject to your full payment of all applicable fees for the Deliverables and continuous compliance with this Agreement, Agent Media grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use and display the Deliverables, as reasonably necessary to market the related real property in accordance with this Agreement. You may permit your Multiple Listing Service (“MLS”) provider to display the Deliverables solely to fulfill the defined purposes of your agreement with your MLS provider. This permission should not be viewed as a transfer of any rights in the Deliverables to the MLS.

If Agent Media provides downloadable desktop, mobile, or other applications, you may download a single copy to your computer or mobile device solely for your personal use, provided you agree to be bound by the end-user license agreement for each application.

Deliverables identified as “Stock Image Packages” or “Subdivision Packages” are for your and your MLS provider’s exclusive use to market the specific real property listing for which the Service was purchased. These packages cannot be duplicated, copied, or used to market any other property or for any other purpose.

Prohibited Activities

This Agreement grants you the right to use our Website and Services as specifically outlined on the Website or as mutually agreed upon between you and us. However, unless explicitly authorized under this Agreement or provided prior written consent by us, you are prohibited from engaging in the following actions:

Reproducing, modifying, creating derivative works from, downloading, storing, or transmitting any Deliverables, materials on the Website, or our Intellectual Property.

Distributing, publicly displaying, publicly performing, republishing, sublicensing, selling, or transferring any Deliverables to any third party for any purpose.

Printing or downloading information from the Website solely for internal business use, not for further reproduction, publication, or distribution outside of your internal operations.

Deleting or altering any copyright, trademark, or other proprietary rights notices on Deliverables or any materials obtained from the Website.

Prohibited Uses

(a) Lawful and Ethical Use: You are obligated to use our Services and Website only for lawful purposes and in a manner that complies with this Agreement. Specifically, you must not use our Services or Website to:

(i) Violate any applicable federal, state, local, or international laws or regulations.

(ii) Exploit or harm minors in any way, such as by exposing them to inappropriate content or soliciting personally identifiable information.

(iii) Engage in fraudulent, deceptive, or misleading behaviors, including impersonating any person or entity.

(iv) Distribute defamatory, obscene, pornographic, vulgar, or offensive content.

(v) Share your User ID or allow multiple users to access the password-protected sections of the Website.

(vi) Undertake any action that may harm Agent Media or its users, or that may hinder anyone’s use or enjoyment of the Website.

(b) Technical and Operational Integrity: In addition, you agree not to:

(i) Disable, overburden, damage, or impair the Website or interfere with any other party’s use, including real-time activities on the Website.

(ii) Use robots, spiders, crawlers, or similar automated devices or processes to access the Website for monitoring, copying any material or Deliverables, or for any unauthorized purpose.

(iii) Use any manual process to monitor or copy any materials without our prior written permission.

(iv) Use any device, software, or routine that interferes with the Website’s proper working.

(v) Introduce viruses, trojan horses, worms, logic bombs, or other harmful or technologically destructive material.

(vi) Probe, scan, or test the vulnerability of any system or network associated with Agent Media, breach security or authentication measures, or attempt to gain unauthorized access to the Website, servers, or databases connected to the Website.

(vii) Launch any denial-of-service or distributed denial-of-service attacks against the Website.

(viii) Otherwise attempt to interfere with the proper working of the Website.

These restrictions are put in place to ensure the secure and compliant use of our Services and Website, safeguarding both the integrity of our offerings and the privacy and rights of all associated parties.

Third-Party Links and Resources

The Website may include links to external sites and resources provided by third parties. These links are offered solely for your convenience. We do not have control over the content or availability of these third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may result from your use of them. When you choose to access any of the third-party websites linked from our Website, you do so at your own risk. Your use of these external websites is subject to the terms and conditions of use applicable to those sites.

Social Media Features and Linking

(a) The Website may provide social media features that allow you to:

(i) Link from your own or certain third-party websites to specific content on the Website.

(ii) Send emails or other communications that include certain content, or links to certain content, on the Website.

(iii) Display limited portions of content from the Website on your own or your Multiple Listing Service (MLS) websites.

(b) You may utilize these features strictly as they are presented with the content and solely in accordance with this Agreement. However, you must not:

(i) Establish a link from any website that is not owned by you or associated with your MLS.

(ii) Cause the Website or any portions of it to be displayed on other sites by methods such as framing, deep linking, or in-line linking.

(iii) Link to any part of the Website other than the homepage of Agent Media.

(iv) Take any action regarding the Website’s materials that is inconsistent with any term of this Agreement.

(c) You are required to cooperate with us to promptly discontinue any unauthorized framing or linking. We reserve the right to revoke linking permission at any time without notice.

(d) We may, at our discretion, disable any or all social media features and links at any time and without prior notice to you.

Modifications to Services and Website

Agent Media may update the content on the Website occasionally, but it is not necessarily complete or up-to-date. We are under no obligation to update the content or other materials on the Website. Agent Media reserves the right to modify or discontinue the Website or our Services, either temporarily or permanently, at any time with or without notice. You agree that Agent Media shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or our Services.

Customer Service

Agent Media personnel, including our Client Success Specialists, are available to assist you with using the Website and our Services. You must not behave in an abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate manner towards any of our personnel. If we determine that your behavior towards our personnel is at any time threatening or offensive, we reserve the right to immediately terminate your registration.

Limited Warranty; Disclaimers

Agent Media warrants that we will provide our Services and the Website with a commercially reasonable level of care, in accordance with this Agreement and as specified on the Website. Your sole and exclusive remedy for any breach of this limited warranty is for Agent Media to re-perform any Service that does not conform to this warranty, at no additional charge, within a reasonable time frame, not exceeding fifteen (15) days from receipt of your written notice of the non-conformity. You must provide written notice of the non-conformity within ten (10) days after you first become aware of the issue.

EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, AGENT MEDIA DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED. AGENT MEDIA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY LINKED WEBSITE.

Limitation of Liability

IN NO EVENT WILL AGENT MEDIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AGENT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGENT MEDIA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO AGENT MEDIA IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Dispute Resolution

Should any disputes arise under this Agreement, the parties agree to first attempt to resolve the dispute through direct discussion. If the dispute cannot be resolved this way, it must be settled as outlined herein, with the prevailing party entitled to reimbursement of reasonable expenses, including court costs and attorney’s fees.

In the event of unresolved disputes, by using the Website, you agree that such disputes shall be governed by the laws of the State of Arizona, without regard to its conflict of laws provisions. You also consent to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona. Any claims or actions related to this Agreement must be initiated within one year after the cause of action accrues.

Indemnity by You

You agree to defend, indemnify, and hold harmless Agent Media and its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, or demands, including reasonable attorney’s fees, due to or arising out of your use of the Services, Deliverables, or the Website in violation of this Agreement or resulting from a breach of this Agreement or your obligations herein.

No Third-Party Beneficiaries

This Agreement is solely between you and Agent Media. Except as expressly provided in this Agreement, no third-party beneficiaries are intended or implied.

General Provisions

Force Majeure: Agent Media is not liable or responsible for any failure or delay in performing any of its obligations under this Agreement when such failure or delay is due to causes beyond our reasonable control, including but not limited to internet service interruptions, acts of God, flood, fire, earthquake, pandemic, governmental actions, war, threats or acts of terrorism, riots, civil unrest, national emergencies, telecommunications or power outages. If such events continue unabated for more than sixty (60) days, you have the right to terminate our services after giving notice, provided you permanently discontinue any use of such services.

Assignment: You may not assign or transfer any of your rights or obligations under this Agreement or related to the use of the Website or Services without prior written consent from Agent Media, which may withhold consent at its sole discretion. Any attempt to assign without such consent will be null and void. This Agreement binds and benefits the parties and their respective successors and permitted assigns.

Waiver and Amendment: No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Similarly, no single or partial exercise of any right will preclude further exercise of that right or any other right. This Agreement may only be amended as expressly provided within the terms of the Agreement.

Relationship of the Parties: The relationship between you and Agent Media is that of independent contractors. This Agreement does not create a partnership, joint venture, or employer-employee relationship.

Entire Agreement: This Agreement constitutes the entire agreement between you and Agent Media regarding the use of the Website and Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remainder of the Agreement shall continue in effect.

For any questions regarding this Agreement or your dealings with Agent Media, please contact us directly. You can reach us at info@agentmedia.pro