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MEDIA TERMS & CONDITIONS

1. Copyright Ownership

All photographs, videos, floor plans, drone imagery, virtual tours, and other media created by No More Cowboys Media (“NMC Media") remain the exclusive intellectual property and copyright of NMC Media unless otherwise agreed in writing.

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No ownership rights are transferred to the client through the purchase of media services.

2. License Granted to Agent

Upon full payment, the purchasing real estate agent ("Agent") is granted a non-exclusive, non-transferable license to use the Media for:

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  • Marketing and advertising the property for which the Media was created;

  • The Agent's personal and professional marketing and promotional activities;

  • Print advertising, including brochures, postcards, signage, magazines, and newspapers;

  • Digital advertising, including MLS listings, websites, email marketing, social media, and online advertising.

  • The Agent may use the Media indefinitely unless otherwise stated in writing.

3. Brokerage Use and Agent Transfers

The brokerage with which the purchasing Agent is affiliated at the time the Media is created is granted a non-exclusive, non-transferable license to use the Media for:

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  • Marketing the property;

  • Promoting the purchasing Agent;

  • Brokerage advertising and promotional materials in print and digital formats.

  • If the purchasing Agent subsequently transfers to a different brokerage, the Agent's license to use the Media continues, and the Agent's new brokerage shall also be permitted to use the Media solely in connection with that Agent's business, marketing, and listings.

  • The license granted to a brokerage does not extend to any other agents, teams, sales representatives, or brokers within the brokerage unless they were the original purchasing Agent.

4. Restrictions on Use and Transfer

The license granted under these Terms & Conditions is limited to the purchasing Agent and their brokerage.

The Media may not be:

  • Sold, sublicensed, assigned, transferred, shared, or otherwise provided to any third party for their independent use;

  • Used by another real estate agent, team, brokerage, builder, developer, stager, designer, homeowner, tenant, photographer, marketing company, or other person or entity without prior written permission from NMC Media and payment where applicable;

  • Altered in a manner that removes copyright notices, watermarks, or attribution where applicable.

  • Any unauthorized use of the Media constitutes copyright infringement and may result in the termination of the license and legal action.

5. Expired Listings, Re-Listings, and Agent Ownership of License

The Media license is granted to the original purchasing Agent and, where applicable, their brokerage.

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If a property listing expires and is later re-listed by the same Agent, the Agent may continue to use the Media in accordance with these Terms & Conditions.

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If the original purchasing Agent changes brokerages, the Agent may continue to use the Media and may authorize their new brokerage to use the Media solely in support of that Agent's marketing activities.

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If a property is re-listed by a different agent, team, brokerage, builder, developer, homeowner, or any other party, no rights to use the Media are transferred. Any new party wishing to use the Media may inquire to obtain written permission and, where applicable, pay a new licensing fee to NMC Media. Permission is not guaranteed. 

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For clarity, the license follows the original purchasing Agent and does not automatically transfer with the property, the seller, the listing, or the brokerage.

6. Portfolio and Promotional Use

NMC Media reserves the right to use the Media for its own portfolio, website, social media, advertising, competitions, educational purposes, and other promotional activities unless otherwise agreed in writing.

7. Payment and License Activation

No license is granted until all invoices relating to the Media have been paid in full. Unauthorized use of unpaid Media is prohibited.

8. Limitation of Liability

NMC Media’s liability for any claim relating to the Media or services provided shall be limited to the amount paid for the applicable services. NMC Media shall not be liable for indirect, incidental, consequential, or special damages.

9. Acceptance of Terms

By ordering services from NMC Media, the Agent and their brokerage acknowledge that they have read, understood, and agreed to these Terms & Conditions.

10. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

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