Terms and Conditions

1. Acknowledgment and definitions

These Terms and Conditions ("Terms") govern Your use of the services provided by Radiate Media LLC, a limited liability company registered in California ("Company"). The Company operates remotely and can be contacted via email or phone as provided in Section 17. The "Services" include all photography, videography, drone footage, virtual tours, editing, and other media-related services provided by the Company. By accessing or using the Services, You agree to be bound by these Terms, creating a binding agreement between You and the Company. If You do not agree with these Terms, You may not use the Services.

You represent that You are at least 18 years old. The Company does not permit individuals under 18 to use the Services. Your use of the Services is also subject to the Company’s Privacy Policy, available at www.radiaterealestatemedia.com/privacy-policy. Please review it carefully before using the Services.

2. Links to third-party websites

The Services may include links to third-party websites or services not owned or controlled by Radiate Media LLC. The Company is not responsible for the content, privacy policies, or practices of these third-party websites or services. You acknowledge that the Company shall not be liable for any damage or loss caused by Your use of or reliance on any content, goods, or services available through third-party websites. We encourage You to review the terms and privacy policies of any third-party websites You visit.

3. Copyright and licensing

All photos, videos, drone footage, virtual tours, and other media content created by Radiate Media LLC ("Media") are owned by the Company and protected by copyright law. The Company retains all copyright and usage rights to the Media.

Clients are granted a limited, non-exclusive, non-transferable license to use the Media solely for marketing the specific property for which the Services were provided (e.g., property listings, promotional materials). Clients may not sell, sublicense, or transfer the Media to any third party (e.g., another realtor, property owner, or business) without the Company’s prior written consent.

Any third party seeking to use the Media must obtain a separate license from Radiate Media LLC, which may be subject to a licensing fee determined at the Company’s sole discretion.

Contact the Company at support@radiaterealestatemedia.com for licensing inquiries.

The Company may use the Media for its own marketing purposes, including but not limited to display on the Company’s website, social media, or promotional materials, unless otherwise agreed in writing with the Client. Clients warrant that they have obtained any necessary consents (e.g., homeowner approval) for the Company to create and use the Media.

Unauthorized use or transfer of the Media may result in legal action and liability for damages.

4. Client obligations

Clients agree to:

• Provide accurate property information and access to properties for the Services.
• Obtain all necessary permissions or consents (e.g., homeowner approval or permits for drone usage) required for the Company to perform the Services.
• Ensure properties are prepared for photography or videography (e.g., clean and staged).
• Comply with all applicable laws, including FAA regulations for drone usage.
• Warrant that any materials provided to the Company (e.g., music, logos, or branding) do not infringe third-party intellectual property rights. Clients agree to indemnify the Company for any claims arising from such infringements.

5. Payment terms

Payment for Services is due upon delivery of the Media unless otherwise agreed in writing. Radiate Media LLC accepts all major payment methods, including credit card, debit card, bank transfer, ACH, Venmo, and Zelle. Preferred payment method: credit or debit card.

Late payments may incur a fee of 1.5% per month (18% annually) or the maximum amount permitted by law, whichever is less. No refunds will be issued for Services rendered unless agreed in writing. There is no fee to cancel or reschedule as long as the Company is notified before its team arrives. If the Company’s team arrives and is unable to complete the Services due to issues beyond the Company’s control, a cancellation fee of $150 USD applies. Pricing and additional terms may be outlined in a separate service agreement.

6. Termination

Radiate Media LLC may terminate or suspend Your access to the Services, with or without notice, for reasons including but not limited to non-payment, misuse of the Services, or violation of these Terms. Upon termination, Your right to use the Services and any licensed Media will cease immediately. Radiate Media LLC may terminate services for convenience with no less than 7 days’ written notice. In cases of material breach, termination may be immediate.

7. Limitation of liability

To the maximum extent permitted by law, Radiate Media LLC and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages (including but not limited to loss of profits, data, business interruption, or personal injury) arising from the use of or inability to use the Services, third-party software/hardware, or any provision of these Terms. The Company’s total liability shall be limited to the amount You paid for the Services or $100 if no payment was made.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above may not apply to You. In such cases, the Company’s liability will be limited to the greatest extent permitted by law.

8. "As is" and "as available" disclaimer

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Radiate Media LLC does not guarantee that the Services will meet Your requirements, operate without interruption, be error-free, or be free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to You.

9. Force majeure

Radiate Media LLC shall not be liable for delays or non-performance due to events beyond its reasonable control, including but not limited to natural disasters, government actions, equipment failures, or power outages.

10. Governing law

These Terms and Your use of the Services are governed by the laws of California, United States, excluding its conflict of law rules. Your use of the Services may also be subject to other local, state, national, or international laws.

11. Dispute resolution

If You have concerns about the Services, You agree to first contact Radiate Media LLC at support@radiaterealestatemedia.com to resolve the issue informally. If the dispute remains unresolved, it shall be settled through binding arbitration in San Diego County, California, under the rules of the American Arbitration Association. Each party shall bear its own costs, unless otherwise determined by the arbitrator.

12. For European Union (EU) users

If You are an EU resident, You may benefit from mandatory provisions of Your country’s law, including rights under the General Data Protection Regulation (GDPR) to access, correct, or delete Your personal data, as outlined in Our Privacy Policy.

13. United States legal compliance

You represent and warrant that You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country and are not listed on any U.S. government list of prohibited or restricted parties.

14. Severability and waiver

Severability: If any provision of these Terms is unenforceable or invalid, it will be modified to achieve its objectives to the extent possible, and all other provisions will remain in effect.

Waiver: Failure to enforce any right or provision does not waive that right or provision for future enforcement.

15. Translation interpretation

These Terms may be translated for convenience. In case of a dispute, the English version prevails.

16. Changes to these Terms

Radiate Media LLC may modify these Terms at its discretion. For material changes, we will provide at least 30 days’ notice via email or on our website. By continuing to use the Services after revisions take effect, You agree to the updated Terms. If You do not agree, please stop using the Services.

17. SMS and electronic communications consent

By providing Your phone number and engaging with Radiate Media LLC, You consent to receive communications via phone call, email, and SMS/text message. These communications may include scheduling confirmations, project updates, delivery notifications, invoices, customer service messages, and other service-related communications.

Message frequency may vary. Message and data rates may apply depending on Your carrier. You may opt out of SMS communications at any time by replying “STOP” to any message. Reply “HELP” for assistance. Opting out of SMS communications may impact the Company’s ability to provide timely service updates.

The Company does not sell or share Your phone number for third-party marketing purposes.

18. Contact us

For questions about these Terms, contact us:

Email: support@radiaterealestatemedia.com
Phone: 619-693-6760

Radiate Media LLC operates remotely and does not maintain a physical office address.