Terms and Conditions of Use
The content of this website, including without limitation, graphics, photographic images, and overall design of this website, and all content, are owned by Frank J. Biganski and agentschoice360.com and are protected by United States copyright laws. Reproduction, storage, or transmittal, of any image on this website, whether whole or in part, is prohibited without express prior written permission of Frank J. Biganski and agentschoice360.com.
Use of Photographs
Photographs are intended for the life of broker, agent, or homeowner’s listing only, including the re-listing of same property. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with, or endorsement by any product, person, or entity, that is not affiliated with you. You agree not to modify, alter, or otherwise manipulate any picture, including without limitation, adding other material to a photograph, without the prior written consent of Frank J. Biganski. Use is restricted solely for the purposes of publishing photographs in the local Multiple Listing Services such as the Real Estate Information Network (REIN) and the Williamsburg MLS, which are then fed into a National Database IDX system.
- Broker/agent/homeowner may use the photos for the life of the listing, or any subsequent re-listing by the same agent or broker.
- Broker/agent/homeowner may use the photos for marketing purposes such as flyers, print ads, “Just Listed” or “Just Sold” postcard marketing.
- Broker/agent/homeowner may use the photos on their website for listing purposes only.
- Broker/agent/homeowner is allowed to share the photographs with their client however, client is not allowed to mass distribute or make additional copies of photographs.
- Broker/agent/homeowner may not re-sell images to other brokers, agents, or any other party.
- Broker/agent/homeowner may not copyright the photos under their business or personal name(s).
- Broker/agent/homeowner may not use the photos for self-promotion on their own Internet or business website or print advertising without the express written permission of Frank J. Biganski.
- Broker/agent/homeowner may not distribute the photos to home staging companies, Interior designers, or builders, without the express written consent of Frank J. Biganski.
- Aerial and drone images are electronically protected using Digimarc Guardian digital watermarking services. Re-distribution of aerial images strictly enforced.
Image Quality & Post Production
All of our images are shot using a High Dynamic Resolution (HDR) setting as it’s been our experience that shooting in HDR produces the most natural and balanced lighting and color possible. However in some situations, where rooms are too dark, bounce flash will be used instead of HDR. All of our images are post-produced using Photoshop Lightroom to ensure vertical and horizontal lines are as perpendicular as possible. Essentially, we provide custom images for every shot we take which ensure you receive the highest quality imagery possible. All images are shot at 2400 x 1590 pixels at 150 dpi which is perfectly suitable for MLS and print content alike.
Delivery of Images
Images will be digitally delivered via either OneDrive or Dropbox by 10:00 am the following day of shoot, including weekends. However, images are often delivered by 6:00 am the following day. Images and links will remain available for download for up to two (2) years after date of shoot with some images and links remaining active “for the life of the photographer.” Images may be deleted and purged from our system at the sole discretion of Frank J. Biganski after two years after a shoot.
Listing photographs are provided “as is” and all implied warranties are hereby disclaimed including without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose. While Frank J. Biganski uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, Frank J. Biganski and his affiliates make no representations or warranties as to the accuracy, correctness or reliability of the photographs.
Frank J. Biganski and agentschoice360.com cannot ensure that all persons depicted in a casual photograph or portraiture, including immediate or extended family members, have consented to the display of their personal image on this website. If your personal imagery appears on this website without your consent and you wish to have it removed, please contact Frank J. Biganski via email at: [email protected] and we will be happy to remove the image at no cost to you. Having said that, images may have propagated into the National Database System, and you may have to contact those institutions to have your image removed from their website(s) as well. Frank J. Biganski and agentschoice360.com has no control over the content that is fed into the National IDX MLS feeds, and will not be held liable for website content found outside the confounds of agentschoice360.com.
Agentschoice360.com employs the use of Secure Socket Layering (SSL) which is indicated by the “https” that proceeds our URL/domain name. SSL is an encrypted link helping to ensure that your online purchase is safe and secure. However, no website is 100% infallible to cyber attacks and therefore, agentschoice360.com cannot unequivocally guarantee your safe and secure use of this website. Agentschoice360.com has taken every measure electronically possible to ensure your private information is safe and secure as possible (see https://www.globalsign.com/en/ssl-information-center/what-is-ssl/ for additional information about SSL).
Agentschoice360.com is unable to make representations or warranties as to the functionality of this website, whether it is free of errors and whether the server hosting the website Cloudways.com is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk and in no event shall the website, Frank J. Biganski, or company’s owners, its employees, subsidiaries, affiliates and representatives, be responsible or held liable for any damages of any kind including, but not limited to, lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.
You agree that the website and the company’s parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.
Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by agentschoice360.com, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold agentschoice360.com, its subsidiaries, affiliates, licensors, photographers, and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.