Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY BEFORE USING BIRCHMONTMEDIA.COM (HEREINAFTER REFERRED TO AS THE “SITE”). THE SITE AND ITS CONTENTS ARE OWNED BY BIRCHMONT MEDIA CO. LLC, BIRCHMONT MEDIA
PURPOSE: These Terms of Service are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any service, package, or product offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms of Service. You agree that you have read, understood, and consented to these Terms of Service. If you have any questions, please contact us at support@birchmontmedia.com.
You must be at least 18 years old and be able to consent to these Terms of Service. If you are under the age of 18, or you do not agree with these Terms of Service as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms of Service as stated herein, regardless of whether or not you have read these Terms of Service.
These Terms of Service contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms of Service, you agree to the Arbitration Clause in Paragraph No. 20 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Birchmont Media and our website, birchmontmedia.com.
“Content” means any and all written, visual, photography, video, or audio information contained on the Site, including, but not limited to, any and all emails received from, Birchmont Media, and/or birchmontmedia.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Birchmont Media and/or on birchmontmedia.com, including, but not limited to, photographs, videos, audio files, images, blog posts, designs, documents, floor plans, graphics, information, newsletters, templates, tours, and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, business name, business title, etc.
“Site, Services, and/or Products” means birchmontmedia.com, Content (as defined herein), photographs, videos, audio files, images, email list/newsletters, social media posts, blog posts, floor plans, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, templates, and/or tours available on the Site.
“Site” means birchmontmedia.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Service, and our Privacy Policy.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms of Service and our Privacy Policy.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. NO WARRANTIES DISCLAIMER:
No Guarantee of Results: Birchmont Media provides professional media services designed to enhance marketing efforts, but we do not guarantee the effectiveness or specific outcomes of our services, media assets, or content, such as increased engagement, sales, or property views. The success of media assets depends on multiple factors beyond our control, including market conditions, marketing strategies, and audience response.
All services, media, and products are provided "AS IS" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Any testimonials, case studies, or examples provided are for illustrative purposes only and do not guarantee similar results. Each client’s needs, market conditions, and circumstances are unique, and outcomes may vary.
Birchmont Media does not guarantee uninterrupted, error-free, or flawless service, nor does it warrant that media assets will perform as expected in all third-party platforms or systems.
5. Service Availability & Turnaround:
Birchmont Media strives to deliver services as outlined; however, unforeseen circumstances such as weather, technical issues, or scheduling conflicts may affect availability. In such cases, Birchmont Media reserves the right to reschedule or modify services as necessary, with reasonable notice provided to the client.
Media delivery, Birchmont Media aims to provide most assets within the next business day following the completed shoot (before 5pm PT). However, certain services, such as video production, virtual staging, 3D tours, and/or advanced editing may require additional processing time and will typically be delivered within up to 3 business days.
For shoots scheduled on Friday afternoons, including twilight sessions, media delivery may be extended to the following Monday (before 5pm PT). While we make every effort to meet these turnaround times, unexpected delays may occur due to high order volume, technical issues, or other unforeseen factors. Birchmont Media will communicate any significant delays as soon as possible.
6. Third-Party Dependencies:
Our services may include recommendations or integrations with third-party platforms (e.g., MLS, service delivery, social media, websites). Birchmont Media is not responsible for any limitations, changes, or disruptions caused by these third parties. Clients are responsible for ensuring compliance with any third-party policies or guidelines.
7. Intellectual Property and Usage Rights:
7.1 Ownership and Licensing:
All media assets created by Birchmont Media, including but not limited to photography, videography, and digital content, are the sole and exclusive property of Birchmont Media and are not considered "work for hire" under U.S. copyright law. As such, Birchmont Media retains full copyright ownership, and no rights are transferred to the client beyond those explicitly granted in this agreement.
Upon receipt of full payment, Birchmont Media grants the client a limited, non-exclusive, non-transferable, and royalty-free license to use the delivered media solely for the agreed-upon purposes as outlined in this agreement.
7.2 Permitted Use:
Real Estate Usage: Media licensed for real estate listings is valid for the duration of the listing and expires once the property is sold, leased, or otherwise removed from the market.
Interior Design, Architecture, Development, Long-term Rental and Commercial Usage: Media licensed for marketing, portfolio, or branding purposes is granted under an extended license to reflect long-term use. Licensing fees for these industries may vary based on usage scope and duration.
7.3 Restrictions:
The license does not allow resale, sublicensing, transfer, or use of the media by third parties (e.g., stagers, interior designers, homeowners) without prior written consent from Birchmont Media.
Third parties interested in using the media must obtain a separate license directly from Birchmont Media.
If unauthorized use occurs, the license will be terminated immediately without refund, and additional fees may apply.
8. Shot Selection and Revisions:
Clients are encouraged to have a decision-maker present at the shoot. If a decision maker is not present for the shoot, Birchmont Media will select all angles at its discretion and is not responsible for additional angle requests.
One complimentary round of edit revisions is included. Additional edits will incur a fee.
9. Floor Plans Disclaimer:
Floor plans provided by Birchmont Media are for illustrative purposes only and may contain minor inaccuracies (±5%). While measurements are deemed reliable, they are not guaranteed and should not be used for exact measurements or legal purposes.
10. Your Consent to These Terms of Service:
By using this Site, or Purchasing or Downloading from our Site, Services, and/or Products, you implicitly and voluntarily agree to these Terms of Service as stated herein.
11. Changes To These Terms of Service:
We reserve the right to change, amend, or otherwise alter these Terms of Service at any time without notice to you. When changes are made to these Terms of Service, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms of Service, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
12. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or Terms of Use.
13. Our Limited License to You:
If you view, access, or Purchase the Site, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee you are granted a limited, non-exclusive, non-transferable license to access and use this Site, Services, and Products for personal or professional purposes in compliance with these Terms.
You may not use the Site, Services, and/or Products in any manner that is unauthorized, improper, against these Terms of Service or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
14. Your License to Us:
By commenting on the Site, or submitting documents to Birchmont Media via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
15. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms of Service. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms of Service will be legally pursued to the fullest extent permitted by law.
16. Sharing the Site & Its Content:
You must request and receive written permission by email, support@birchmontmedia.com, before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Birchmont Media.
17. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Birchmont Media’s Services, and Products, you agree to release, forgive, and forever discharge Birchmont Media, its officers, subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
18. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Birchmont Media does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
19. Our Refund Policy:
Birchmont Media strives to deliver high-quality services and client satisfaction. However, due to the nature of our services and digital media, the following refund conditions apply:
No Refunds After Delivery: Once a session has taken place and final media files have been delivered, the transaction is considered final and non-refundable. This includes cases where a client is dissatisfied with the final results.
Services Rendered Are Non-Refundable: Payments for completed services, including photography, videography, drone, floorplans, 3D tours, and editing work, are non-refundable.
Data Loss Exception: In the unlikely event of digital file loss before delivery, Birchmont Media will refund any amounts paid for the affected service.
We value your business and are committed to providing quality service. If you have any concerns about your experience, please contact us at support@birchmontmedia.com so we can address them.
20. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Birchmont Media’s Services, and/or Products, please contact us directly first by emailing support@birchmontmedia.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Birchmont Media shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of HAYWARD, CALIFORNIA.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of CALIFORNIA. The only award that can be issued to you is a refund of any payment made to Birchmont Media for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
21. Consent to Governing Law:
These Terms of Service, and any dispute arising out of it, shall be governed by the laws of the State of CALIFORNIA.
22. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of CALIFORNIA or a state court located within the State of CALIFORNIA in connection with any matter arising out of these Terms of Service, our Privacy Policy, or as a result of your use, Download, or Purchase from the Site, Services, and/or Products.
23. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of CALIFORNIA for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of CALIFORNIA.
24. Payment & Purchases:
When you Purchase or Download one of our Services, and Products from us or the Site, you may pay by ACH, and/or Credit Card. By doing so, you give Birchmont Media permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
25. Limitation of Liability:
Birchmont Media is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Services, and/or Products.
We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
26. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Birchmont Media and all of our officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, shareholders, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Birchmont Media and (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms of Service or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
27. Termination of Your Use
At our sole discretion, we may terminate your access to the Site, Services, Products, and Purchases/Downloads if you violate any terms outlined in these Terms of Service, including our Privacy Policy or any other agreements you have accepted.
28. Entire Agreement
These Terms of Service and our Privacy Policy constitute the entire agreement between you and us with respect to the Site, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Site, Services, and/or Products.
29. Severability
The provisions of these Terms of Service are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms of Service are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms of Service as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
30. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
31. Contact
If you have any questions or concerns regarding these Terms of Service, you may contact us using the following information:
Website: www.birchmontmedia.com/contact
Email: support@birchmontmedia.com
Updated on: March 31, 2025