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Terms
Terms of Service: Hayes Company
1. Copyright Notice Hayes Company is the exclusive copyright holder of all media (including but not limited to photography, video, and floor plans). Full image rights are not sold or granted; clients receive a limited, non-exclusive license for the duration of the listing. Licensing may be obtained for various applications; please refer to Section 2: Photo Rights and Usage.
2. Photo Rights and Usage for Real Estate Photography The original agent or client who paid for the service is granted permission to use the media in any electronic or printed form of advertisement for the direct promotion of the property. This licensing agreement is valid only for the duration the home is listed for sale and cannot be reused, transferred, or sold to third parties (including but not limited to other agents, builders, or staging companies) without specific written permission and additional compensation to Hayes Company. Hayes Company must be credited and compensated for any publication use where photos are not being used for the direct marketing of the sale of the property.
3. Pay-at-Close (PAC) via Titus Payments By selecting the "Pay at Close" (PAC) option, the Client acknowledges and agrees to the following:
Third-Party Processing: PAC services are facilitated by Titus Payments. Hayes Company acts solely as the media provider and is not liable for any disputes, technical errors, or financial discrepancies arising from the Titus Payments platform.
Contingent Licensing: The license granted in Section 2 is contingent upon full payment. If the property fails to close, or if Titus Payments is unable to collect the balance from the Clients backup payment method within the agreed-upon timeframe (typically 180 days), the usage license is automatically revoked. Any continued use of the media following a payment default constitutes copyright infringement.
Non-Recourse to Hayes Company: Once media is delivered, the Clients obligation to pay is absolute. Hayes Company is not responsible for the success or failure of the property sale, and payment remains due regardless of the listings status.
Backup Payment Authorization: The Client authorizes Titus Payments to charge the provided backup credit card for the full invoice amount, plus any applicable deferral fees, should the property not close or the escrow fail to disburse funds.
4. Limitation of Liability In no event shall Hayes Company be liable for any indirect, incidental, or consequential damages (including, but not limited to, loss of profits or listing delays) resulting from the use of our services or the Titus Payments platform. Our total liability is limited to the amount paid for the specific service in question.
