Definition of FOMO
informal: fear of missing out : fear of not being included in something that others are experiencing
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and FOMO.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
ENTIRE AGREEMENT: These terms and conditions represent the entire agreement between the parties with respect to the subject matter hereof. These terms of engagement constitute a complete and binding contract which cannot be modified or canceled without written consent of both parties and take precedence over any conflicting language contained in any order or other document.
“Intellectual Property Right” means any patent, patent application, copyright, trademark, trade secret, confidential information, industrial design or similar right, right of authors, moral right or any other similar intangible rights recognized anywhere in the world, including any extensions, reissues or continuances of any of the foregoing.
NOTICE OF COPYRIGHT
NOTICE OF COPYRIGHT: All photos remain the sole property of Affordable Aerial Photography, Inc. (AAP) and/or Robert Stevens Photography where applicable. Your rights to use and/or license the photographs on this Photo Store are conditioned upon full payment. You alone have the right to use the photographs licensed to you. Your rights do not permit third-parties to copy, display or distribute our photographs unless we give you our written permission. You agree not to transfer, assign or sub-license your rights to anyone without our written permission.We DO NOT give you permission to sell, license, gift, or forward the photographs to any other party, entity, person or company.
ALL PHOTOGRAPHS ARE THE COPYRIGHT OF Michael Yelvington dba FOMO Photography ("FOMO") where applicable. Agreeing to the "Terms and Conditions" and/or purchasing licenses to our photos on our Photo Store DOES NOT transfer copyright to you.
If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.
Direct all inquiries regarding the rights to the photos to us.
NOTICE OF USE: Photographs are to be used ONLY in accordance with the information you provided. Any usage of the photographs which is not in accordance with this agreement constitutes a violation of the Terms and Conditions to which you agreed.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction.
You agree not to reproduce, duplicate, copy, sell, resell or remove metadata from our photographs. You will only use our protected content in a way that is solely consistent with the license agreement you obtain upon purchasing the license to our content. Also, you will make no other use of the content without the express written permission of FOMO the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FOMO or our licensors except as expressly authorized by these Terms and as expressed by the specific licenses you will obtain after purchasing license to those specifically identified photos.
You do hereby acknowledge and agree that FOMO's services and contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by FOMO, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on FOMO's services, in whole or part.
FOMO hereby grants you a personal, non-transferable and non- exclusive right and/or license to make use of the images, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right. Furthermore, you do herein agree not to alter or change the images in any manner, nature or form, and as such, not to use any modified versions of the images.
INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the FOMO trademarks, copyright, trade name, service marks, and other FOMO logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of FOMO Photography. You herein agree not to display and/or use in any manner the FOMO logo or marks without obtaining FOMO's prior written consent.
FOMO will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, FOMO may terminate the license of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
Be advised that FOMO shall bring action against anyone who violates FOMO's exclusive rights under the Copyright Act, 17 U.S.C. § 106, to reproduce, prepare derivative works, and distribute FOMO’s original copyrighted works of authorship. FOMO licenses its copyrighted works for a fee to real estate associates and brokerages for use in connection with promoting real estate listings. FOMO claims all rights and privileges under the Copyright Act of 1976 (Title 17 of the United States Code), and 28 U.S.C. § 1338 (designs, copyrights, trademarks and unfair competition). Each infringement of FOMO’s work constitutes a separate and distinct act of infringement. The metadata within each photo ("the Work") clearly demonstrates FOMO as the copyright owner. User agrees that infringement will result in and caused FOMO to sustain substantial, immediate, and irreparable injury, for which there is no adequate remedy at law. As such, User agrees that FOMO shall be entitled to permanent injunctive relief. Further, any protected Works of FOMO used in contravention to this Agreement in or on MLS, VRBO or other similar listing services without license or permission from FOMO will result in damages to FOMO and User agrees that FOMO shall be entitled to the profits relating to the rental of the property.
This contract and any sales hereunder shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Both parties consent to the exclusive jurisdiction of the federal and state courts located in Leon County, Florida over any matters arising out this agreement.
The Parties agree that should it become necessary for any party hereto to employ an attorney to enforce any of such party’s rights hereunder against the other party hereto, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to reimbursement from the non-prevailing party of all costs and expenses, including but not limited to reasonable attorneys’ fees, costs of arbitration and court costs incurred, including fees and costs incurred in any bankruptcy case, matter or proceeding or any appeal taken in any state or federal court or any other tribunal. Failure of FOMO to enforce any right does not waive FOMO’s right to subsequently enforce such right.
All users agree to insure and hold FOMO Photography, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorneys' fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of FOMO's services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.