Terms and Conditions
Under current copyright laws, ownership of all photos and videos belongs entirely to M.O.G. Drones. All photos and rights relating to them, including copyright and ownership rights in the media in which the photos are stored, remain the sole and exclusive property of M.O.G. Drones. This license provides the client with the limited right to reproduce, publicly display, and distribute the photos only for promotional or advertising purposes. Photos used for any purpose not directly related to the sale of the property must be with the express permission of M.O.G Drones and the payment of additional fees., unless otherwise agreed to in writing.
Relationship of Parties
Photographers of M.O.G. Drones are independent contractors, and shall not be deemed to be an employee of the client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. The photographer and the photos or any other deliverables prepared by the photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the client are contractural in nature and are expressly defined by this agreement.
M.O.G. Drones may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that the photographer determines will be suitable for the photos as licensed. It is the clients responsibility to verify that the photos are acceptable and suitable before licensing. It is also the clients responsibility to verify that the photos are suitable for reproduction and that if the photos are not deemed suitable, to notify the photographer within five (5) business days. M.O.G. Drones sole obligation will be to replace the photos/video at a suitable resolution, but in no event will M.O.G. Drones are liable for poor reproduction quality delays or consequential damages. Unless, otherwise specifically provided M.O.G. is not responsible to provide images larger than 8×10 at 300 dpi or 2 in a format higher than 8 bit or in RAW format. M.O.G. Drones have no obligation to retain or archive any photos delivered to clients.
All fees and expenses payable are required before photos are available for download.
No refunds. However, at our discretion if for a valid reason you are not happy with our images; M.OG. Drones may return to the property and perform a reshoot for a travel fee.
Please notify M.O.G. Drones within 48 hours if you will need to cancel the shoot.
Weather Policy (Force Majeure)
M.O.G. Drones reserve the right to cancel any shoot due to inclement weather, natural disaster and weather emergency. If M.O.G. Drones with the agreement of the client cancels a shoot due to inclement weather/lightning conditions or any other reason beyond M.O.G. Drones control and the client is unable or unwilling to arrange or agree on a suitable new date within either a reasonable and mutually agreed timescale or one calendar month, then the client will be liable to pay 50% of the total fee plus any expenses already incurred by M.O.G. Drones.
(B) In the event that the photographer/videographer is unable to attend any shoot or event due to any cause beyond their reasonable control (e.g.) sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdowns etc, he will endeavor to find a replacement photographer.videographer to cover the client’s needs.
(C) In the event that a second photographer is booked and they are unable to attend any photo shoot or event due to any cause beyond their reasonable control (e.g) sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdowns, etc.) M.O.G. Drones will not be held liable.
(D) In the event of equipment failure beyond the photographer/videographers control, including theft of equipment or material, the photographer/videographer is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposit.
(E) The photographer/videographer reserves the right to cease shooting, filming or editing if situations arise that are unfit to continue (e.g. grounds of safety. Mistreatment, offensive or abusive behavior, or unacceptable working conditions). In these instances, the photographer/videographer is not liable to issue a refund or compensation.
Transfer and Assignment
Clients may not assign or transfer any rights granted in this document.
Liability and Indemnity
Please read these Terms and Conditions carefully. By utilizing this Web site you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions as well as the policies referenced in these Terms and Conditions.
You agree that your use of the Web site is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time in M.O.G. Drones’ sole discretion without notice. The date of the most recent
changes or revisions will appear on this page or may be added in M.O.G. Drones’ discretion. Continued access to the Web site by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use this Web site. The materials contained on the Web site are provided by M.O.G. Drones as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk.
M.O.G. Drones assumes no liability, responsibility for error, or omissions in these materials. M.O.G. Drones make no
commitment to update the information contained herein. M.O.G. Drones makes no statement , and expressly disclaims all
representations/warranties, express or implied, regarding M.O.G. Drones Website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site,
or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components.
No advice or information given by M.O.G. Drones or any other party on the Web site shall create any expectation of reliability, or any expectation of warranty or liability. Under no circumstances shall M.O.G. Drones or any of its parents, subsidiaries, affiliates, or their respective partners, officers,
directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on,
or performance of the information on the Web site.
All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of
either M.O.G. Drones or, in the case of content licensed by M.O.G. Drones from third parties, the entity that is credited as the
copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this Web
site for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice
from such material.
M.O.G. Drones, its parents Burgess and Burgess Consulting LLC, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents shall not be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with the use of this Web site or these Terms and Conditions, including but not limited to the accessing or use of, or inability to use, the platform, Web site or any of M.O.G. Drone’s services, regardless of cause, whether in an action in contract or negligence or other tortious action. The limitation of liability set forth in this section shall not apply in the event of a customer’s breach or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of M.O.G. Drones are more than $100.00.
It is the client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction are obtained and it is acknowledged that the photographer/videographer gives not warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the image issued or reproduced by or with the authority of the client does not have the necessary rights, releases or consents, then the client shall indemnify the photographer/videographer against all expenses, damages, claims, or legal costs arising out of any such failure.
Archiving of Images and Video
All final images will be stored and archived by M.O.G. Drones for one (1) year. If archived photographs are required after that time or additional storage time is required an admin fee may be charged. Photographer/videographer is not liable.
Marketing /General Promotions
The photographer/videography may include your name and logo on their website, social media and general marketing materials related to the services that we provide. The photographer/videographer may also share stories of progress as part of our marketing strategy.
M.O.G. Drones are not responsible for any incorrect or inaccurate content posted on the site or in connection with the service, whether caused by employees or contractors of M.O.G Drones or the equipment or programming associated with or utilized in the service. M.O.G. Drones assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user accounts and communications. M.O.G. Drones is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to users or to any other person computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service under no circumstances will M.O.G. Drones or any of its affiliates, advertisers, promoters or distribution partners are responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the site or the service. M.O.G. Drones cannot guarantee and do not promise any specific results from use of the site and.or the server.
M.O.G. Drones reserve the right to change these terms and conditions in its sole discretion.
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