Limited Copyright License Agreement
By downloading photos or videos from the links provided you agree to the following Limited Copyright License Agreement: Licensor (Expert Aerial Solutions, LLC.) and Licensee or Client (You) agree to the following terms: Licensor retains all copyright and moral rights to each image or video. Licensor also retains all rights not expressed in the agreement including advertising rights. Licensee may not transfer this license to other parties without written permission from Licensor. Licensee agrees that altering images or video is prohibited without first receiving written permission from Licensor.
All photographs, videos and rights therein, including copyright, remain the sole and exclusive property of Expert Aerial Solutions, LLC. Expert Aerial Solutions, LLC retains for life reproduction and display rights to all photographs and videos for use in providing images to future clients so long as they are deemed public in nature, photographic competition, promotional materials and any publication of an original manuscript or portfolio presentation for trade or other use.
All Real Estate photos and videos produced for the client may be used by the client for all marketing associated with the current sale of the property in accordance with local MLS rules. All promotional videos are for advertising and promotional purposes only and cannot be resold without first receiving written permission from Expert Aerial Solutions, LLC. Audio in videos may not be altered or removed without first receiving written permission from Expert Aerial Solutions, LLC.
All photogrammetry data delivered to the client may be used by the client for any purpose except resale. The client understands that while Expert Aerial Solutions LLC makes every effort to collect and process data accurately, all data is provided as is and there is no guarantee of accuracy or quality. The client is responsible to have all data reviewed by a professional who is qualified to assess and certify the accuracy and quality of the delivered data.
In accordance with U.S. copyright laws, all data, photos and videos remain the property of Expert Aerial Solutions, LLC, and a license is granted only to the client for the purposes stated above and not to any third party or for any other purpose. Any usage of the photos or videos by anyone other than the client, including but not limited to architects, builders, developers, villa rental companies, stagers, designers, sellers or buyers, magazine/publication editors is prohibited unless approved in writing by the Expert Aerial Solutions, LLC.
The client is responsible for the use of the deliverables, and will defend and indemnify Expert Aerial Solutions and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or misuse of, the deliverables; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. Expert Aerial Solutions, LLC is not responsible for anything that happens as a result of you violating these terms, violating someone else’s rights, or a third-party claim.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXPERT AERIAL SOLUTIONS, LLC ENTITIES BE LIABLE TO THE CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE OF DELIVERABLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXPERT AERIAL SOLUTIONS, LLC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF EXPERT AERIAL SOLUTIONS, LLC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE DELIVERABLES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO EXPERT AERIAL SOLUTIONS, LLC FOR THE SERVICE RENDERED. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.