Terms of Service

Commercial License Terms. Sundae Projects owns and retains all copyrights for works created or produced by Sundae Projects, its affiliates, employees, contractors and subsidiaries. Unless otherwise specifically agreed to in writing by the parties, Sundae Projects hereby grants to Client the non-exclusive, non-sub licensable, revocable, and non-assignable right to reproduce, display, broadcast, and transmit (collectively “use”) the Licensed Content in any and all media, now known or hereafter devised, in the Territory, and during the Term, provided that the Licensed Content may only be used for the sales and marketing of the property depicted in the Licensed Content (the “Subject Property”) while such Subject Property is listed with Client. In the event of non-compliance by Client, the license may be revoked at the discretion of Sundae Projects. In case of revocation, Client must actively remove any disseminated content.

In addition, Sundae Projects hereby grants to Client the limited right to sublicense the Licensed Content to one or more multiple listing services (each, an “MLS”) for comparable database use purposes, provided that Client is a member of each such MLS to which a sublicense is granted, and such sublicenses shall not be further sub-licensable.

Notwithstanding the foregoing, Licensed Content used by Client prior to the expiration of an applicable representation agreement between Client and a third party may continue to be used by Client or the agent representing the subject property after the expiration of such representation agreement, for the sole purpose of marketing the Client or the agent that represented the subject property in the context of the Client or the agent that represented the subject property showing previous properties for sale/sold by Client or the agent that represented the subject property.

All rights not explicitly granted in this Agreement are reserved to Sundae Projects. Sundae Projects is and will remain the sole and exclusive owner of the copyright and all other rights in and to the Licensed Content. No other rights or uses are permitted without the prior written consent of Sundae Projects.

License Restrictions. Except as necessary for the use of the Licensed Content in the end use, Client may not crop, rotate, alter, change or manipulate, or combine the Licensed Content with other image(s) or works without Sundae Projects’s prior written permission.

Client may not incorporate the Licensed Content in any logo, trademark, or service mark.

When Licensed Content is used on a social media or other third party website or application that permits sharing of content, in the event the website seeks to exploit rights to the Licensed Content contrary to the terms of this Agreement, this Agreement to the extent it extends to the relevant Licensed Content shall be automatically revoked, and Client shall take commercially reasonable efforts to remove the Licensed Content from such website.

Client is under no circumstance permitted to sell or collect payment of any kind for the use or display of Licensed Content produced by Sundae Projects.

Client is not permitted to assign the rights granted to Client by Sundae Projects to any third parties without express written consent from Sundae Projects.