Listing Media Services Product Terms

Effective Date: January 3, 2022

Along with the Terms of Use and Privacy Notice, these Listing Media Services Product Terms (“LMS Terms”) (collectively the “Agreement”) govern your purchase and use of our high-definition photography (“Media”), 3D tours (“Tours”), virtual staging (“Staging”), floor plan images (“Floor Plans”) and aerial drone photography and/or video (“Drone Media”) services (collectively the “Media Services”).

By using the Media Services, you agree to comply with the Agreement. The Agreement takes effect when you click “submit”, “I accept”, or a similar button or check box presented to you as part of the Media Services order process or when you first use the Media Services, whichever is earlier, and will remain in effect during the term of the applicable order or until terminated as specified in the Agreement. For clarity, Sections 6, 7, and 8 of these LMS Terms survive the termination or expiration of the Agreement.

The Media Services

1. Orders and Order Placement. Orders for the Media Services (each an “LMS Order” and collectively “LMS Orders”) are placed through the Listing Media Services page on the ShowingTime+ website. You will see “Book Now”, “Schedule your Shoot”, or a similar prompt to begin the LMS Ordering process. LMS Order placement and payment occurs through our Third Party service provider’s platform. You will be asked to submit information including but not limited to your contact information and property details related to the requested Media Services. To finalize your LMS Order, you will select your preferred package and submit your payment for processing.

2. Order Confirmation. After you’ve completed the LMS Order placement process, you will receive an appointment confirmation email including the details for your scheduled appointment as well as guidance on how to cancel or reschedule your appointment, as applicable.

3. Cancellation and/or Rescheduling Fees. All confirmed appointments are subject to a $50.00 same-day cancellation or rescheduling fee, as applicable. In the event of a same day cancellation, if our photographer arrives at the property specified in your LMS Order, you will also be charged the applicable travel fee included in that order. Additionally, if our photographer travels to the property specified in your LMS Order and is unable to complete the Media Services due to delays or circumstances outside our photographer’s reasonable control, the appointment will be treated as a same-day cancellation and all fees related to that same-day cancellation will apply.

4. Delivery of Completed Media Services. When your LMS Order is completed, we will send you a media delivery email to the email address provided to us in your LMS Order. The email will include a link to a media delivery page hosted on our Third Party service provider’s website. From this page, you can download Media (in both full resolution or MLS optimized resolution) and Floor Plans. You will also receive links to your Tours, as well as third-party hosted links for any Drone Media you purchased in your LMS Order.

5. Photoshopping Requests and Square Footage Price Adjustments. Photoshopping requests are subject to the Agreement and applicable fees, dependent upon the scope of the photoshopping request. Additionally, in the event the square footage of a property is incorrectly recorded in your LMS Order, you acknowledge and agree we may adjust the final charge(s) for the Media Services to reflect the actual square footage.  The actual square footage will be determined by our photography operations team, and we will notify you of any related price adjustment. 

6. Ownership of the Media Services. As between you and us, we retain all right, title, and interest in and to the Media Services, including all improvements, enhancements, modifications, and derivative works thereof, and all related Intellectual Property Rights. If you provide any comments or suggestions, we may use that feedback without restriction, and you irrevocably assign to us all right, title, and interest in and to that feedback. Your rights to use the Media Services are limited to those expressly granted in the Agreement. No other rights are implied with respect to the Media Services or any related Intellectual Property Rights. “Intellectual Property Rights” in this Section 6 means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now, or hereafter in force and effect worldwide and in all media now existing or later developed.

7. Our Use of the Media Services. We may display, distribute, and otherwise use the Media Services without restriction, including, without limitation, distribution to MLSs and other real estate websites, including Zillow.com (the “Zillow Website”). Media Services purchased in your LMS Order will be prioritized in listings displayed on the Zillow Website.

8. Zillow License Grant: Your License to the Media Services. We grant you a limited, sub-licensable license to use the Media Services for the sole purpose of: (1) marketing the corresponding home while the current listing is live (not a future listing for the same home); (2) submitting a listing to a Multiple Listing Service (MLS) to be published in and used in connection with the MLS or Service Compilation (as defined by each MLS) over which the MLS claims copyright; (3) creating derivative works if you are a participant in a MLS and have received a copy of any Listing Media Services photographs in the MLS or Service Compilation provided by your MLS (you may sub-license or sell your derivatives, but you may not sub-license or sell the Listing Media Services photographs themselves to a third party); (4) including in comparables to assist with pricing homes and creating comparative market analyses (CMAs); and (5) including in marketing materials for your professional real estate or photography services.

9. Terms Specific to Drone Media. To comply with our obligations pursuant to applicable laws, we may cancel a Drone Media session at any time. We will not be liable to you for such cancellation and will provide advanced notice to you of such cancellation, if possible.

10. Modifications to the Media Services. You may not make any modifications to the Media Services.

11. Permissions and Consents. You acknowledge and agree you have all necessary permissions and consents from your clients, as well as any applicable third parties, as it relates to the Media Services, including but not limited to the purchase and performance of the Media Services by our photographers.

12. Prohibited Uses. For clarity, Media Services cannot be used for building or design purposes, or any other purpose not explicitly set forth in these LMS Terms.

13. Marketing Materials and Agent Templates. Marketing materials and templates provided in the Media Services are designed for general use. You must ensure that all marketing materials that you create using the Media Services are compliant with state and federal law, including any information or disclosures required under state real estate licensing regulations or Fair Housing laws, as well as any local or multiple listing service rules to which you might be subject.

General Provisions

1. Confidentiality. For the purposes of this Agreement, “Confidential Information” means information about the disclosing party’s business or activities that is proprietary and confidential, including the terms of this Agreement and all business, financial, technical, strategic, and other information of a party, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential. Confidential Information will not include information that (a) is in or enters the public domain without breach of this Agreement, (b) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (c) was known to the receiving party without confidentiality restrictions at the time of its receipt from the disclosing party, or (d) has been developed by the receiving party without reliance on the Confidential Information. Each party (y) will not use, or disclose to any third party, any Confidential Information disclosed to it by the other party for any purpose except as expressly permitted in this Agreement, and (z) will protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Notwithstanding the foregoing, each party may disclose Confidential Information (i) on a “need-to-know” basis to its officers, directors, employees, agents, contractors, consultants, legal counsel, accountants, banks, and other financing sources and their advisors, and (ii) if required to be disclosed by law or judicial or other proceeding, provided that the receiving party notifies the disclosing party of such disclosure and affords the disclosing party a reasonable opportunity to seek protective legal treatment of such Confidential Information.

2. Term. Each LMS Order commences on the date you place your order. If you request photoshopping services subsequent to your receipt of the media delivery email, your LMS Order continues to govern the photoshopping request(s) related to the applicable Media Services in your LMS Order.

To read more about your rights and obligations related to using the Media Services generally, please read our Terms of Use and Privacy Notice.