Terms and Conditions.

By using the website called "www.juniperbirchmedia.com" and all services called "JBM," Client have agreed to be bound by the Terms and Conditions (“Terms and Conditions”).

These JBM Terms and Conditions apply to all orders purchased through www.juniperbirchmedia.com (“Website”). These Terms and Conditions are an agreement between Client, the purchasing party (“Client”), and JBM regarding all services (“Services”) and digital files of the photographs and videos (“Deliverables”) Client purchases through the Website (“Client Order”). By confirming a Client Order, Client affirms its knowledge of and consent to these Terms and Conditions. If Client does not agree with any portion of these Terms and Conditions, Client should not complete a Client Order.

JBM has the right to update and change the Terms and Conditions from time to time without notice. Any new functionality or services that change or enhance the current Service shall be subject to these Terms and Conditions. If Client continues to use the Service after any such changes, Client agree to such changes and their meaning.

Cancellation Policy

Appointments cancelled within 24 hours of the shoot will be subject to a cancellation fee which will be charged to the credit card on file.

Properties up to 4,000 square feet incur a $30.00 cancellation fee.

Properties over 4,000 square feet and Night Shoots incur a $70.00 cancellation fee.

In the event of unfavorable weather, Client may opt to reschedule for our next available appointment. Client may also opt to proceed with the shoot as originally scheduled. Please note, the photos may reflect the weather conditions at the time of the shoot.

If severe weather conditions or conditions in and around the property presents a danger to the photographer or potential damage to equipment, we reserve the right to reschedule and/or cancel the appointment.

Facilitation

Client agrees to reasonably facilitate the performance of the Services by making the real estate available and in appropriate condition for shooting the photographs and/or video(s) and providing JBM with any information and materials that are reasonably necessary or advisable to properly perform the Services. Unless specifically requested, the composition and areas photographed will be at the discretion of the photographer. We do ask that the property be photo ready when the photographer arrives. The photographer is not responsible for cleaning and/or staging the home. Client hereby states that it is has the right to enter the premises for the shoot and is authorized to purchase, and to permit JBM to perform, the Services set forth in the Client Order.

Payment

Client’s failure to pay the fees for Services as set forth on the Website, will be considered a material breach of these Terms and Conditions. If Client fails to make timely payment, or if Client’s payment is returned or otherwise withdrawn from JBM Client will forfeit the right to any unperformed Services, any Deliverables, and any hosting services. In addition, Client will be responsible for JBM’s reasonable costs incurred in enforcing these Terms and Conditions, including attorney’s fees.

Usage Rights and Ownership

Images provided by JBM may be used by the client for any marketing associated with the current sale of the property including but not limited to the MLS, printed materials, website, publication, and the agent’s personal marketing. Photo usage rights are considered short-term usage rights which revert back to JBM upon sale of the property.

All images are owned and copyrighted by JBM and a license granted only to the client. Any usage, transfer, or sale of the images to a third party is prohibited unless approved in writing by JBM. Third party usage rights are available for purchase through JBM.

Photo Transfer Policy

JBM retains the long-term usage rights to the photos but as a policy, we do seek the previous agent's approval as a courtesy. JBM is not required to seek permission from the former agent. We offer the former agent 50% of the original package price in the form of a credit for a future JBM order. The credit is only provided if the property did not sell when originally listed. JBM is not required to provide this credit and is under no obligation to do so. JBM will then charge the corresponding package price to the new agent.

Account Terms

Client’s use of the Service is at Client’s sole risk. The Service is provided on an "as is" and "as available" basis. Client may not use the Service for any illegal or unauthorized purpose. Client must not, in the use of the Service, violate any laws in Client’s jurisdiction (including but not limited to copyright laws).

Client is responsible and liable for all content posted to the Service and any activity that occurs under Client’s account even when content is posted by - or activities being deployed by - others who have accounts under Client’s account.

Client is responsible and liable for all content posted to the Service and any activity that occurs under Client’s account even when content is posted by - or activities being deployed by - others who have accounts under Client’s account.

To use this Service, one must be 18 years of age or older.

To complete the sign-up process, Client must provide all information requested including Client’s full legal name and a valid email address.

Accounts registered by automated methods are not permitted.

For login, each user will choose a username and password combination. Each login may only be used by one person.

Each user is responsible and liable for maintaining the security of their username and password. JBM will not be liable for any loss or damage from failure to comply with this security obligation.

Violation of any of the terms in this document will result in the termination of Client’s account. While JBM prohibits such conduct and content on the Service, Client understands and agree that JBM cannot be responsible for the content posted on the Service and Client, nonetheless, may be exposed to such materials.

Client is not allowed to modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service or JBM.

Client agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by JBM.

JBM can but has no obligation to remove content and accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any JBM customer, employee, member, or officer will result in immediate account termination.

Client understands that the technical processing and transmission of the Service, including Client’s content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

All information offered to JBM's Users is the sole and exclusive property of JBM or its information providers.

User agrees that it will not sell or in any way make items from JBM available to any entity without written notice from JBM.

Users shall not use or permit the use of material from JBM in any way that compromises the integrity thereof or which infringes any

copyrights or other intellectual property rights, contracts, or proprietary interests.

User will indemnify and hold JBM and its information providers harmless against any claim, damage, loss, liability, or expense (including attorney's fees) of User or of third parties arising out of User's use of material from JBM.

DISCLAIMER OF WARRANTIES

MATERIAL FROM JUNIPER+BIRCH MEDIA IS OFFERED ON AN "AS IS" BASIS. NEITHER JUNIPER+BIRCH MEDIA NOR ITS INFORMATION PROVIDERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE ACCURACY OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL JUNIPER+BIRCH MEDIA OR ITS INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, ARISING FROM ANY ACT OR FAILURE TO ACT BY JUNIPER+BIRCH MEDIA OR ITS INFORMATION PROVIDERS WHETHER OR NOT IT HAD ANY KNOWLEDGE ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, NOR SHALL THEY BE LIABLE FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINES FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF MATERIAL FROM JUNIPER+BIRCH MEDIA. INFORMATION FROM JUNIPER+BIRCH MEDIA IS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE; HOWEVER, JUNIPER+BIRCH MEDIA AND ITS INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OFFERED. JUNIPER+BIRCH MEDIA AND ITS INFORMATION PROVIDERS RESERVE THE RIGHT TO ADD OR WITHDRAW SOURCES AND ITEMS OF COVERAGE WITHOUT PENALTY.

juniper+birch media does not warrant:

  • the Service will meet any specific requirements including but not limited to Client’s;

  • the Service will be uninterrupted, timely, secure, or error-free;

  • the results obtained from the use of the Service will be accurate or reliable;

  • the quality of any products, services, information, or other material purchased or obtained by Client through the service will meet Client’s expectations;

  • any errors in the Service will be corrected.

Term and Termination

These Terms and Conditions will remain in effect until such time as the Client Order has been fulfilled and Client’s payment has been remitted in full to JBM.

Indemnification

Client will indemnify and hold harmless JBM from any and all damages, liabilities, costs, losses, or expenses, including attorney’s fees, arising out of any claim, demand, or action by a third party related to the Client Order, Services, Deliverables, and/or these Terms and Conditions.

  • Client expressly understands and agrees that JBM can and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JBM has been advised of the possibility of such damages), resulting from: the use or the inability to use the service;

  • the use or the inability to use the service;

  • the cost of procurement of substitute goods and services resulting from any goods, data, information, or services

  • purchased or obtained or messages received, or transactions entered into through or from the service;

  • unauthorized access to or alteration of Client’s transmissions or data;

  • statements or conduct of any third party on the service;

  • or any other matter relating to the service.

The failure of JBM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision or term described in the terms of Service. The Terms of Service constitutes the entire agreement between Client and JBM and govern Client’s use of the Service, superseding any prior agreements between Client and JBM (including, but not limited to, any prior versions of the Terms and Conditions).

JBM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services are subject to change without prior notice. Such notice may be provided at any time by posting the changes to the JBM website www.juniperbirchmedia.com or the Service itself but JBM is under no obligation to do so.

JBM shall not be liable to client or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Client is solely responsible and liable for properly canceling Client’s account. An email, fax, or written request to cancel Client’s account is considered a cancellation. Any payment due at the time of cancellation remains due and JBM is in no obligation to offer a refund for any prepaid service.

JBM, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other JBM service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Client’s account and content or Client’s access to Client’s account and content, and the forfeiture and relinquishment of all content in Client’s account.

JBM reserves the right to refuse service to anyone for any reason at any time.

JBM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Governing Law, Jurisdiction and Venue

These Terms and Conditions are governed by the laws of the State of Minnesota without regard to its conflicts of laws provisions. Any conflicts or claims arising here from will be subject to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota. Each party irrevocably submits to the personal jurisdiction and venue of and agrees to service of process issued or authorized by, any such court in any such action or proceeding.

Entire Agreement

These Terms and Conditions comprise the entire agreement and understanding of the parties regarding the subject matter hereof. These Terms and Conditions supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral regarding the subject matter hereof. Any modifications or amendments to these Terms and Conditions will be in a writing acknowledged by both parties.

Assignment

Client may not assign any of their rights or obligations incident hereto.

Relationship

JBM is an independent contractor of Client only. This Agreement does not, and is not intended to, create an employment, agency, partnership, joint venture, or other relationship between the parties.

Waiver

A failure of any party to insist in any instance upon the strict and punctual performance of any term or condition herein shall not constitute a continuing waiver of such provision.

Force Majeure

Neither party shall be considered in breach if the party is unable to perform hereunder due to fire, natural disaster, labor dispute, Act of God or any other event beyond the party’s control.