Terms and Conditions of Higginbotham Media
1. Acceptance of Terms
These terms and conditions ("Terms") govern your use of the services provided by Higginbotham Media ("Company") and constitute a legally binding agreement between you and the Company. By accessing or using our services and/or website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.
The Company provides a range of media services, including but not limited to photography, videography, Zillow 3D, Floorplans, and content creation.. These services are subject to availability and may be modified or discontinued at any time without prior notice.
3. Ownership and Usage Rights
All intellectual property rights, including copyrights, trademarks, and any other proprietary rights associated with the services provided by Higginbotham Media, shall remain the sole property of the Company. The client acknowledges that they do not acquire any ownership rights or licenses to the intellectual property created or used by the Company, unless explicitly agreed upon in writing.
4. Client Responsibilities
The client agrees to provide accurate and timely information, materials, and access necessary for the Company to deliver the requested services. It is the client's responsibility to ensure that they have the necessary rights, permissions, and licenses for any content provided to the Company for use in their projects.
The Company acknowledges that it may have access to confidential and proprietary information of the client. The Company agrees to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of the client, except as required by law.
6. Payment Terms
Payment terms and rates for services provided by Higginbotham Media shall be agreed upon in advance and outlined in a separate agreement or proposal. Payment is due upon receipt of the invoice, unless otherwise stated. Late payments may be subject to additional fees or penalties.
7. Limitation of Liability
The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use our services, including but not limited to any loss of data, profits, or business opportunities.
The client agrees to indemnify and hold harmless Higginbotham Media and its employees, contractors, and affiliates from any claims, damages, liabilities, or expenses arising out of or related to the client's use of our services or any violation of these Terms.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Higginbotham Media operates. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Higginbotham Media reserves the right to modify or update these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on our website. Continued use of our services after any such changes constitutes acceptance of the modified Terms.