User Agreement

This User Agreement ("Agreement") is a legally binding contract between Xcel Property Media, LLC ("Company") and you ("User" or "you"). By accessing or using the services provided by the Company, you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with these terms, please refrain from using the Company's services.

1. Definitions

1.1. "Company" refers to Xcel Property Media, LLC, a residential and commercial real estate photography and videography media company. 1.2. "User" refers to any individual or entity accessing or using the Company's services. 1.3. "Services" refer to the real estate photography, videography, and other services provided by the Company.

2. Acceptance of Terms

2.1. By using the Company's services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. 2.2. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

3. Service Description

3.1. The Company offers residential and commercial real estate photography and videography services to individuals and entities in the real estate and construction industries.

3.2. The services may include, but are not limited to, the capture, editing, and delivery of high-quality photographs and videos for property marketing purposes.

4. User Obligations

4.1. You agree to provide accurate and up-to-date information to the Company when using its services.

4.2. You shall ensure that you have obtained all necessary rights, permissions, and consents for the Company to capture and use photographs and videos of the property. 4.3. You are solely responsible for the content and accuracy of the information provided to the Company for the creation of property media.

4.4. You shall not use the Company's services for any illegal, fraudulent, or unauthorized purposes.

4.5. You agree to comply with all applicable laws and regulations when using the Company's services.

5. Intellectual Property

5.1. All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, in the photographs and videos created by the Company shall remain with Xcel Property Media, LLC.

5.2. Xcel Property Media, LLC grants you a non-exclusive, non-transferable license to use the photographs and videos for your real estate marketing purposes. This license is subject to the terms and conditions of this Agreement.

5.3. You shall not modify, reproduce, distribute, display, or create derivative works based on the photographs and videos without the prior written consent of Xcel Property Media, LLC.

6. Payment and Pricing

6.1. The pricing for Xcel Property Media, LLC's services shall be as set forth in the pricing schedule provided by the Company.

6.2. Payment for the services shall be made in accordance with Xcel Property Media, LLC's payment terms.

6.3. In the event of cancellation or rescheduling of a scheduled appointment, you may be subject to additional fees as determined by Xcel Property Media, LLC.

7. Limitation of Liability

7.1. Xcel Property Media, LLC shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of its services.

7.2. Xcel Property Media, LLC's total liability, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the services.

8. Indemnification

8.1. You agree to indemnify, defend, and hold harmless Xcel Property Media, LLC and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Company's services or your breach of this Agreement.

9. Termination

9.1. This Agreement shall remain in effect until terminated by either party.

9.2. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.

9.3. Upon termination, you shall immediately cease using the Company's services and return or destroy any materials or information obtained from Xcel Property Media, LLC.

10. Governing Law and Jurisdiction

10.1. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

10.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Kentucky.

11. Entire Agreement

11.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether oral or written.

11.2. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.