Terms of Service

KVM Realty Media, LLC

Effective Date: June 1, 2026

Overview

These Terms of Service (the “Terms”) govern all media production services provided by KVM Realty Media, LLC (“KVM Realty Media”) and the licensing of all media it produces. As used in these Terms, “Media” means all photographs, video, aerial and drone footage, floor plans, virtual tours, virtual staging, and other media produced or delivered by KVM Realty Media, LLC. “You,” “your,” and “the client” mean the person or entity that books KVM Realty Media’s services or uses the Media.

KVM Realty Media, LLC is a real estate media production company serving Miami-Dade County and Broward County, Florida. Its services include HDR photography, cinematic listing video, aerial and drone media (FAA Part 107 certified), FPV indoor drone tours, Matterport 3D tours, virtual staging, virtual twilight, CubiCasa floor plans, and the Lux package. Its separate Agent Pro division provides WordPress agent websites with IDX Broker integration.

KVM Realty Media, LLC is the media provider and copyright owner of all Media it produces. KVM Realty Media, LLC is not the listing agent or broker for any property and provides no real estate brokerage services. These Terms govern media production services and the licensing of Media. Agent Pro website services may be subject to separate terms.

Acceptance of These Terms

By booking or requesting services through any channel, including the KVM Realty Media, LLC online booking form, order page, website, email, text message, direct message, social media, or telephone, by placing an order, by submitting payment, or by accessing, downloading, or using any Media, the client acknowledges that the client has read, understood, and agreed to be bound by these Terms of Service, including the Media Ownership and Copyright, Copyright Management Information, License, and Unauthorized Use provisions below.

These Terms are posted at kvmrealtymedia.com/terms and apply to every booking regardless of how it is made. Proceeding with a booking or submitting payment after these Terms have been made available to the client constitutes acceptance. The client also accepts these Terms by accepting the usage rights presented when Media is unlocked and the download terms presented when Media is downloaded, each of which incorporates these Terms by reference. If the client does not agree to these Terms, the client must not book, order, pay for, download, or use the Media.

Property Preparation

The client is responsible for ensuring the property is in a camera-ready state before the scheduled appointment, including cleaning, furniture staging, and general preparation. KVM Realty Media recommends reviewing the Pre-Shoot Checklist prior to the appointment.

If the photographer arrives and finds the property is not adequately prepared, the property will be photographed as-is. KVM Realty Media is not responsible for the quality of results in unprepared properties.

If you wish to provide input on angles or shot selection, please meet the photographer at the start of the appointment or include notes in the comments section of the order. In the absence of client input, the photographer will use professional judgment to determine the most effective approach.

Order Details and Accuracy

The client is responsible for providing accurate and complete information when placing an order. KVM Realty Media reserves the right to correct any inaccuracies and adjust order pricing accordingly. For example, if a property is listed as 1,200 square feet but is 2,400 square feet, pricing will be adjusted to reflect the accurate size.

Standard pricing applies to single-dwelling residential properties. For commercial, multi-unit, or non-standard properties, contact KVM Realty Media directly for a customized quote.

Reschedule and Cancellation Policy

KVM Realty Media does not charge cancellation fees regardless of notice period.

Rescheduling requests made more than 24 hours before the scheduled appointment are free of charge. Rescheduling requests made less than 24 hours before the scheduled appointment will incur a $50 rescheduling fee. This fee must be paid before the rescheduled appointment is confirmed.

If you need to reschedule, contact us as early as possible to avoid the fee.

Payment Terms

All orders require payment before media can be downloaded unless a separate written agreement exists. Upon order completion, clients will receive a link to preview watermarked media. Once payment is submitted, the watermark will be removed and the media will be available for download. This applies only to media for which the client is directly responsible, not media covered by a brokerage billing arrangement.

If an outstanding balance exceeds 45 days, KVM Realty Media will suspend access to media and halt new orders until the balance is settled in full.

If an outstanding balance remains unpaid after 90 days, the account will be referred to collections.

Hosting

KVM Realty Media provides media hosting for one year from the appointment date. Matterport 3D Tours and Floorplans are hosted until the property is sold, with a maximum storage period of six months. After the hosting period concludes, the client is responsible for permanent media storage. KVM Realty Media is not liable for media loss after the hosting period expires.

Delivery Schedule

The following services are delivered by 5:00 PM on the next business day following the appointment:

HDR Photography, Cinematic Walkthrough Video, Aerial and Drone Packages, Twilight Edits, Virtual Staging (photos to be staged must be selected on the same day the photos are delivered), Matterport 3D Tour, Floorplans.

Satisfaction and Reshoots

KVM Realty Media is committed to delivering professional, high-quality media on every shoot. If you are unsatisfied with the media delivered, contact us within 48 hours of delivery at [email protected] with a detailed description of the issue.

KVM Realty Media will review the concern and, at its sole discretion, determine whether a reshoot, partial credit, or other resolution is appropriate. Reshoots are not guaranteed and are evaluated on a case-by-case basis. No refunds are issued for completed shoots. Dissatisfaction based solely on subjective preference for angles or style does not qualify for a reshoot where the photographer exercised professional judgment in the absence of client direction.

Force Majeure

KVM Realty Media shall not be liable for delays or failure to perform services due to circumstances beyond its reasonable control, including but not limited to severe weather, equipment failure, medical emergencies, power outages, or natural disasters. In such cases, KVM Realty Media will contact the client as soon as possible and reschedule the appointment at no additional charge.

Media Ownership and Copyright

All Media delivered by KVM Realty Media, LLC is protected by U.S. copyright law. KVM Realty Media, LLC retains full ownership of all Media at all times, unless ownership is expressly transferred in a separate written agreement signed by an authorized representative of KVM Realty Media, LLC.

Copyright Management Information

The Media may be delivered with copyright management information (“CMI”) as defined under 17 U.S.C. § 1202, which may include embedded metadata, watermarks, captions, digital fingerprints, file information, or notices identifying KVM Realty Media, LLC as the copyright owner.

The client and any third party are prohibited from removing, altering, obscuring, or falsifying CMI, from providing false CMI, and from distributing or publicly displaying the Media with CMI removed or altered. Overlaying any agent, brokerage, or third-party name, logo, watermark, or branding on the Media is likewise prohibited.

Conduct described in this section is prohibited under these Terms and may give rise to a claim under 17 U.S.C. § 1202, separate from and in addition to any claim for copyright infringement. KVM Realty Media, LLC reserves all rights and remedies available under that section.

License Grant

KVM Realty Media, LLC grants the client a limited, non-exclusive, non-transferable license to use the Media solely for marketing the specific property for which the Media was ordered, and solely for the use category the client ordered and paid for, as described in the Permitted Uses section below. This license does not transfer ownership or copyright. This license is granted solely to the client. No rights are conferred on any third party who receives Media from the client without prior written authorization from KVM Realty Media, LLC.

License Duration

This license is valid for marketing the specific property for which the Media was ordered, for as long as the client maintains a representation relationship with the owner of that property, whether through a listing agreement, a property management agreement, or another ongoing engagement to represent that owner with respect to that property. The license continues across gaps between listings. The client may relist or re-market the same property for sale or for rent, after any length of time, using the original Media and without a new shoot, as long as the client still represents the owner of that property at the time of the renewed use.

This license terminates automatically if any of the following occur: the client no longer represents the owner of that property; the Media is used for any property other than the one for which it was ordered; or the client transfers, shares, or sublicenses the Media to any other agent, brokerage, or third party without prior written authorization from KVM Realty Media, LLC.

A renovation, remodel, or other change to the property does not by itself terminate this license. If the client wants updated photography that reflects the property’s current condition, that updated photography is a new shoot, ordered and paid for at KVM Realty Media, LLC’s standard pricing in effect at the time of the new order. KVM Realty Media, LLC does not provide reshoots free of charge.

Permitted Uses

The license granted to the client covers only the use category that the client ordered and paid for. Pricing and license scope differ by use category. The use categories are:

For-sale and long-term rental marketing: MLS, listing platforms, the agent’s website and social media, and print collateral, for the purpose of marketing the specific property for sale or for long-term lease.

Short-term and vacation rental marketing: short-term rental and booking platforms, including Airbnb, VRBO, Booking.com, and similar platforms, for the purpose of marketing the specific property as a short-term or vacation rental.

Commercial property marketing: leasing, sales marketing, and property promotion for the specific commercial property ordered.

Use of the Media in a category the client did not order and pay for is not covered by this license and requires a separate license and fee. For example, Media licensed for for-sale or long-term rental marketing may not be used to market the property as a short-term or vacation rental, or on Airbnb, VRBO, Booking.com, or similar platforms, without a separate license from KVM Realty Media, LLC.

KVM Realty Media also reserves the right to use the Media for its own business marketing purposes, including posting on social media accounts owned or managed by KVM Realty Media for the purpose of promoting its real estate media services. This right does not diminish or restrict the client’s license.

Prohibited Uses

The following uses are strictly prohibited without prior written authorization from KVM Realty Media, LLC:

Redistribution, resale, or sublicensing of Media to any third party. Use of Media for any property other than the one ordered. Use of the Media in a use category the client did not order and pay for, including using for-sale or long-term rental Media to market the property as a short-term or vacation rental or on short-term rental or booking platforms. Use of Media for personal branding, brokerage marketing, or advertising unrelated to the licensed property. Modification or alteration of Media. Transfer of Media to another agent, brokerage, or third party. Use of Media after the license has expired or terminated.

Unauthorized Use

Unauthorized use of Media constitutes copyright infringement under 17 U.S.C. § 501. KVM Realty Media, LLC actively monitors for unauthorized use and reserves the right to pursue all remedies available under U.S. copyright law, including actual damages, statutory damages under 17 U.S.C. § 504 (including enhanced damages for willful infringement), disgorgement of the infringer’s profits, injunctive relief, and recovery of costs and attorney fees under 17 U.S.C. § 505. KVM Realty Media, LLC reserves the right to assert that each Media file constitutes a separate work for purposes of statutory damages.

Unauthorized use includes but is not limited to: use of Media after the license has expired or terminated; use of Media for any property other than the specific property for which it was ordered; and use by buyer’s agents, cooperating agents, cooperating brokerages, staging companies, architects, builders, designers, sellers, buyers, or any other third party that has not received prior written authorization from KVM Realty Media, LLC. Receipt of Media from a client or from any other source does not confer any right of use absent prior written authorization from KVM Realty Media, LLC.

The limitation of liability set forth in these Terms of Service does not apply to claims brought by KVM Realty Media, LLC for copyright infringement or unauthorized use of Media. KVM Realty Media, LLC reserves the right to pursue the full range of remedies available under U.S. copyright law without limitation.

Acknowledgment of Irreparable Harm and Injunctive Relief

The client acknowledges and agrees that unauthorized use of the Media, or use of the Media in breach of these Terms, may cause KVM Realty Media, LLC irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedy available at law or in equity, KVM Realty Media, LLC shall be entitled to seek injunctive relief to prevent or restrain any such use in any court of competent jurisdiction. This provision does not require KVM Realty Media, LLC to prove actual damages as a condition of seeking equitable relief.

Licensing

To license the Media beyond the use category ordered, to use the Media on additional platforms or for additional purposes, or to obtain a full license, contact [email protected]. Additional and expanded licenses are subject to KVM Realty Media, LLC’s pricing in effect at the time.

A full license covering all use categories for the specific property is available for an additional premium fee, quoted on request. The full license is a license only and does not transfer ownership or copyright, which remain with KVM Realty Media, LLC unless expressly transferred in a separate written agreement signed by an authorized representative of KVM Realty Media, LLC.

The additional and full licensing options described in this section are available only to clients in good standing for prospective, authorized use. They do not apply to, and are not available to, any party that has engaged in unauthorized use or copyright infringement of the Media, or any party that is the subject of an open or unresolved enforcement matter or claim by KVM Realty Media, LLC. Resolution of unauthorized use or infringement, including any retroactive license, is handled solely through KVM Realty Media, LLC’s enforcement and settlement process and is not available through the standard licensing options in this section.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall KVM Realty Media, LLC be liable for any indirect, incidental, consequential, or special damages arising from the services provided, including but not limited to lost profits, lost sales, lost commissions, delayed closings, or property damage. KVM Realty Media’s total liability to any client shall not exceed the total amount paid by that client for the specific shoot in dispute.

This limitation does not apply to claims brought by KVM Realty Media, LLC for copyright infringement or unauthorized use of Media, for which KVM Realty Media, LLC reserves the right to pursue the full range of remedies available under applicable law.

Indemnification and Hold Harmless

The client agrees to indemnify and hold KVM Realty Media, LLC, its officers, members, employees, contractors, agents, successors, and assigns harmless from any and all claims, damages, losses, and expenses including reasonable attorney fees arising from the client’s use of the Media, violation of these terms, or negligent or intentional acts or omissions by the client, the property owner, or any third party acting under the client’s authorization.

Client Warranty

The client warrants that any third-party content provided to KVM Realty Media for editing or incorporation into deliverables is properly licensed for that purpose. The client is solely responsible for any copyright or intellectual property claims arising from third-party content provided by the client.

No Waiver

No failure or delay by KVM Realty Media, LLC in exercising any right, power, or remedy under these Terms or under applicable law shall operate as a waiver of that or any other right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any further exercise of the same or any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of KVM Realty Media, LLC to be effective, and shall apply only to the specific instance for which it is given. Enforcement of KVM Realty Media, LLC’s rights as to any one instance of unauthorized use does not waive its rights as to any other instance, whether prior or subsequent.

Attorney Fees and Costs

In any action or proceeding to enforce these Terms or arising from a breach of these Terms, the prevailing party shall be entitled to recover its reasonable attorney fees, expenses, and costs, in addition to any other relief awarded. With respect to claims for copyright infringement, KVM Realty Media, LLC’s right to recover costs and attorney fees is as provided under 17 U.S.C. § 505 and applicable law.

Assignment

The license granted to the client under these Terms is personal to the client and may not be assigned, transferred, or sublicensed, in whole or in part, without the prior written authorization of KVM Realty Media, LLC. KVM Realty Media, LLC may freely assign or transfer its rights and obligations under these Terms, including its copyright and enforcement rights, to any successor or affiliate or in connection with a sale or transfer of its business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Relationship of the Parties; No Third-Party Beneficiaries

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the client and KVM Realty Media, LLC. These Terms are for the sole benefit of the client and KVM Realty Media, LLC and their permitted successors and assigns. No other person or entity, including any agent, brokerage, or third party that receives or uses the Media, is or shall be deemed a third-party beneficiary of these Terms or acquires any right under them.

Survival

Expiration or termination of the license, or of any listing agreement, property management agreement, or business relationship between the client and KVM Realty Media, LLC, does not affect KVM Realty Media, LLC’s ownership of the Media or its rights and remedies for unauthorized use. The provisions governing Media Ownership and Copyright, Copyright Management Information, Prohibited Uses, Unauthorized Use, Acknowledgment of Irreparable Harm and Injunctive Relief, Limitation of Liability, Indemnification and Hold Harmless, Client Warranty, No Waiver, Attorney Fees and Costs, Dispute Resolution, and Governing Law survive expiration or termination and remain in full force and effect.

Notices

Notices to KVM Realty Media, LLC under these Terms must be sent to [email protected] or to KVM Realty Media, LLC, 66 W Flagler Street, Suite 900, PMB 11251, Miami, FL 33130. KVM Realty Media, LLC may provide notices to the client at the email or postal address associated with the client’s order or account. Notice is deemed given on the date sent by email, or on the date of delivery or attempted delivery if sent by mail or courier.

Relationship to Signed Agreements; Entire Agreement

These Terms apply to every order placed with KVM Realty Media, LLC. Where the client has also executed a separate written licensing or service agreement with KVM Realty Media, LLC, these Terms and that signed agreement are intended to be read together and to supplement one another. In the event of a direct conflict between these Terms and a signed written agreement, the signed written agreement controls as to the subject matter of that conflict. Except as supplemented by any such signed agreement, these Terms constitute the entire agreement between the client and KVM Realty Media, LLC regarding the Media and supersede any prior or contemporaneous understandings on that subject. These Terms may be modified only as set forth in the Changes to These Terms section or by a writing signed by an authorized representative of KVM Realty Media, LLC.

Dispute Resolution

The small claims and arbitration provisions in this section apply only to disputes concerning services, scheduling, payment, refunds, hosting, or other non-copyright contract matters. They do not apply to any intellectual property claim described in the carve-out below.

Any dispute concerning services, scheduling, payment, refunds, hosting, or other non-copyright contract matters where the amount in controversy does not exceed the current Florida small claims monetary limit shall be brought exclusively in small claims court in Miami-Dade County, Florida. For any such dispute exceeding that limit, the parties agree to submit to binding arbitration in Miami-Dade County, Florida under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney fees and costs.

Carve-out for intellectual property claims. This section does not apply to, and neither the small claims provision nor the arbitration provision governs, any claim by KVM Realty Media, LLC arising from or relating to copyright infringement, unauthorized use of Media, removal or alteration of copyright management information, or violation of the Media Ownership and Copyright, Copyright Management Information, License Grant, License Duration, Permitted Uses, or Prohibited Uses provisions of these Terms. KVM Realty Media, LLC may bring any such claim, including claims for actual damages, statutory damages, disgorgement of profits, costs, attorney fees, and injunctive relief, in the United States District Court for the Southern District of Florida or in any other court of competent jurisdiction. Copyright claims are subject to the original and exclusive jurisdiction of the United States federal courts under 28 U.S.C. § 1338.

Nothing in this section prevents KVM Realty Media, LLC from seeking injunctive or other equitable relief in any court of competent jurisdiction.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Governing Law

These Terms of Service are governed by the laws of the State of Florida, except that all questions concerning the existence, ownership, scope, infringement, and enforcement of copyright in the Media are governed by the United States Copyright Act, 17 U.S.C. § 101 et seq.

Headings and Interpretation

Section headings are for convenience only and do not affect the interpretation of these Terms. The words “including” and “includes” mean including without limitation. These Terms shall not be construed against either party on the basis of which party drafted them.

Changes to These Terms

KVM Realty Media, LLC reserves the right to update these Terms of Service at any time. Updated terms will be posted at kvmrealtymedia.com/terms and will apply to all orders placed after the effective date of the update. Media delivered under a prior version of these Terms remains governed by the version of these Terms in effect on the date the order was placed.

Contact

KVM Realty Media, LLC 66 W Flagler Street, Suite 900, PMB 11251 Miami, FL 33130 [email protected] +1 (786) 203-8397 www.kvmrealtymedia.com

For licensing inquiries beyond the permitted uses above, contact [email protected].