Terms of Service

Description

Premium Portfolios is a real estate media service. We have provided a list of our terms and conditions to give our customers the best understanding of how we operate. The term “our” used in the agreement below is in reference to Premium Portfolios.

Agreement

By booking and completing a service with Premium Portfolios, you are acknowledging that you have read and agree to abide by all terms and conditions outlined below. These terms outline the rules and regulations regarding the use of Premium Portfolios’ website. All information, documents and services named on our website shall be subject to these terms and conditions.

Updated Terms

As our business grows, we will be open to new conditions that are a must-have for our services. These updates may conflict with previously stated terms. Premium Portfolios is not obligated to notify nor inform you of these changes. If you are a returning customer, please be advised of these updates as you are obligated to follow the newest terms relating to Premium Portfolios.

Use of Website

Premium Portfolios website and its contents are provided solely for the purpose of showcasing, booking, and delivering its media services. Access to the website is for personal or professional use related to these services. Any licensing agreements made to customers does not give access to media previously uploaded to our website. The agreement will also not give any part-time ownership of the website as a whole.

Payment and Fees

All payments must be discussed prior to the service. Any conflict or confusion towards the price of our service shall be resolved before the service is started. Any action by the customer that reasons to forfeit the payment will not receive the service. Premium Portfolios has every right to deny customers. All prices and fees are listed on Premium Portfolios website; these prices and fees are obligated to be followed upon agreement with Premium Portfolios and the customer.

Refund Policy

We do not accept refunds. Once a payment is processed, it is secured to our business. We are very understanding and lenient when it comes to unsatisfied customers, however we will not guarantee your money back. Additional complementary services can be discussed upon unsatisfied results.

Ownership & Content Policy

Premium Portfolios owns all media shot by our personnel. This ownership will last as long as our business stands. The content Premium Portfolios produces is subject to the terms and conditions provided. Any licensing agreements made to clients by Premium Portfolios will not give them any ownership of Premium Portfolios business nor its media. Customers will be granted a limited license agreement after payments are processed to temporarily hold media shot by Premium Portfolios.

Limited Licensing Agreement

  1. After Premium Portfolios completes a service and the full payment is received, the client at hand will be granted a limited license agreement. This is a strictly a part-time, limited, ownership-of-media, agreement. The agreement will only last until the estate at sale is sold or terminated.

  2. All media and content shot by our personnel will always be under ownership of Premium Portfolios. The license agreement at hand only grants the client the ability to help promote their estate listing using the content they received from payment. The client is fully prohibited from and does not have the right for the following: 

    (a). The client cannot resell the content to earn profit

    (b). The client is prohibited from continuing to promote a listing sales using Premium Portfolios media after the estate at sale is sold

    (c). The agreement offered does not give the client the ability to claim full ownership of the media they paid for

    (d). The client is prohibited to use any other form of Premium Portfolio’s media that wasn’t paid for in the service provided

    (e). The client cannot re-license the photos to any third-party representative

  3. Under the agreements stated above in Section (2), as long as no interference occurs, the client will and does have the availability to do the following:

    (a). Showcase media using digital marketing (social media, email, website, etc.)

    (b). Promote using listing platforms (Ex. Zillow)

    (c). Use media in printed marketing (magazines, newspaper, etc.)

Intellectual Property

To be very clear and specific, Premium Portfolios owns and reserves all intellectual property rights of this website and its content. Unless previously specified, every and all media shot by our team and uploaded to our website are under Premium Portfolios ownership. Customers are granted a limited license agreement of the services they requested, within the restrictions laid out in the terms and conditions. When media is exchanged between Premium Portfolios and a client, the media is still under ownership of Premium Portfolios. Any third-party personnel‒buyer or seller‒involved (such as any other agents, homeowners, property owners, agencies, etc.) will not retain any ownership of Premium Portfolios media. Our business reserves all rights to use any media that we produced for secondary assignments outside of the specific sale between Premium Portfolios and the client.

Limitation of Liability

  1. To the maximum extent permitted by Michigan law, the total aggregate liability of Premium Portfolios to the client for any claims, losses, damages, or expenses arising out of or related to our services shall not exceed the total amount actually paid by the client for the specific project or service giving rise to the claim.

  2. In no event shall Premium Portfolios be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

    (a). Loss of profits or revenue

    (b). Loss of data or media files

    (c). Delayed property listings or lost real estate opportunities

    (d). Cost of substitute services.

Indemnification

As a customer, you agree to indemnify, defend, and hold harmless Premium Portfolios from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs, or debt, expenses and attorney fee arising from:

1. Unauthorized Access: Your failure to obtain necessary permissions, permits, or access rights for a property scheduled for a shoot. The client acknowledges that they are responsible for ensuring the property is in a safe condition for Premium Portfolios personnel to enter. The location of the shoot must be free of any property hazards

2. Content Misuse: Any third-party claims resulting from your use of the media in a manner that violates local laws or third-party rights. In the event that a third party brings a claim against Premium Portfolios based on media captured at your direction, you agree to assume full financial responsibility for the defense and any resulting settlements

3. Site Conduct: Any injury or property damage occurring at the shoot location due to the negligence or misconduct of the property owner or client