1) Definitions

• Client means the person or entity that places an order or booking with DX Media (including an agent, brokerage, homeowner, or property manager).
• Order/Project means the specific job associated with your booking and/or Aryeo order details.
• Property means the property(ies) photographed under the applicable Order/Project.

2) Copyright Ownership and No “Work Made for Hire”

DX Media retains all copyrights and ownership of all Media. The Media is not a “work made for hire,” and no ownership transfers to Client. All rights not expressly granted to Client are reserved by DX Media.

3) Limited License Granted to Client

Subject to full payment and compliance with these Terms, Client is granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Media only to market the Property photographed under the applicable Order/Project in either of the following ways:

(a) Real Estate Listing Use

Client may use the Media for one (1) active real estate listing controlled by Client (including MLS and standard listing syndication tied to that listing).

(b) Short-Term Rental Use

Client may use the Media on Client-controlled short-term rental/booking listings for the same Property (including Airbnb and VRBO).

4) Real Estate Listing Termination

For real estate listing use, the license is valid only while the listing is active and controlled by Client. Once the listing expires, is withdrawn/canceled, or the transaction closes (sold), Client’s real estate license immediately terminates and Client must discontinue all use of the Media (including online and print).

5) Re-Listing Rules

• Closed Sale = Paid Re-Use: If a listing that used the Media successfully closes, any later use of the Media to market the same Property for a new listing is a new, paid use and requires purchase of an additional license before the Media is used again. Additional licensing will be quoted and invoiced at the time of reuse (typically comparable to the original order total). Re-list licensing is separate from scheduling a new shoot and provides immediate reuse without an appointment.
• No Close = No Charge (Same Agent/Brokerage): If a listing is withdrawn, canceled, or expires without closing, Client may re-list the same Property and continue using the Media at no additional licensing charge only ifClient remains the controlling listing agent/brokerage.
• Agent/Brokerage Change: If the controlling listing agent/brokerage changes, a new license is required regardless of prior status.

6) No Third-Party Use, Transfers, or Sublicensing

Client may not sell, transfer, sublicense, redistribute, provide, or otherwise make the Media available to any third party without DX Media’s prior written permission. This includes, without limitation: stagers, homeowners, new listing agents, buyers, buyer’s agents (“just sold” posts), designers, builders, architects, publications, brands, property managers, and any other vendors or parties.

Third-Party Licensing

Third-party licenses are available upon request and will be quoted and invoiced at the time of use. Please do not forward delivery links or files to third parties. Direct licensing requests to DX Media.

7) Homeowner Sharing (View-Only, No Rights Granted)

Client may share the Media with the property owner solely for review/approval purposes. No license or rights are granted to the property owner by this sharing, and the property owner may not use, post, publish, or distribute the Media (including uploading to any website or platform) without a separate written license from DX Media.

8) Edits, Alterations, and Virtual Staging

Client may not edit, retouch, apply filters to, remove elements from, or otherwise alter the Media, except for basic cropping and resizing for layout.

Virtual staging is permitted provided it is clearly presented as virtually staged and does not misrepresent permanent features.

9) Portfolio Use and DX Media Licensing Rights

DX Media may display the Media for portfolio, marketing, advertising, promotional purposes, competitions, and related business uses. DX Media may license the Media to any other party at DX Media’s discretion.

10) Client Responsibility and Archive

Client is responsible for downloading and archiving the Media upon delivery. DX Media is not responsible for long-term storage of delivered Media.

11) Unauthorized Use and Remedies

Unauthorized use is subject to additional licensing fees and/or removal requests. DX Media reserves all rights and remedies available under copyright law and contract law.

12) Indemnity

Client is responsible for all use and posting of the Media and agrees to indemnify, defend, and hold harmless DX Media from any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from Client’s unauthorized use of the Media or breach of these Terms.

13) Payment, Delivery, and Suspension of License

All licenses granted under these Terms are conditioned on full payment. If payment is reversed, canceled, or otherwise not received, the license is void and Client must discontinue use of the Media.

14) Governing Law and Venue

These Terms are governed by the laws of the state where the Property is located, without regard to conflict-of-law rules. Any dispute must be brought exclusively in the state or federal courts located in the county where the Property is located, and the parties consent to jurisdiction and venue there.

15) Attorney’s Fees

The prevailing party in any action to enforce these Terms is entitled to recover reasonable attorney’s fees and costs.

16) Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

17) Updates

DX Media may update these Terms from time to time. The version in effect at the time of the Order/Project will apply to that Order/Project unless otherwise agreed in writing.

18) Contact

For licensing requests (including third-party licensing and re-list licensing), contact:

DX Media

Email: info@dx.meda

Phone: 775.250.6694

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