Eyes Across The Sky, LLC. operates the www.EyesAcrossTheSky.com website, which provides the SERVICE.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Eyes Across The Sky website.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals due to the following reasons:
To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Terms & Conditions
By accepting these terms and conditions by Eyes Across The Sky, LLC (hereafter referred to as “Eyes Across The Sky”) The Client (hereafter referred to as “CLIENT”) agree to the following:
Eyes Across The Sky, LLC (Eyes Across The Sky) reserves the rights of the images to publish, print and/or use for promotional purposes. The Client grants Eyes Across The Sky, LLC and his/her successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless Eyes Across The Sky, LLC and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
Client has the right to publish, print, copy and distribute images after receipt is paid in full. Title to all photographs and videos remain the property of the Eyes Across The Sky.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the video and/or photographs before payment in full of the relevant invoice(s) without Eyes Across The Sky and or any of its officers express permission; this includes all social media and/or MLS postings. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the video and/or photographs for other purposes will normally be granted upon payment of invoice.
The Agency and Advertiser may be authorized to publish photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the photographs for any purposes.
Indemnity: While Eyes Across The Sky takes all reasonable care in the performance of this agreement generally, Eyes Across The Sky and or any of its officers shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
The Client agrees to indemnify Eyes Across The Sky in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Eyes Across The Sky.
It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Eyes Across The Sky gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image is issued or reproduced by or with the authority of the Client then the Client shall indemnify Eyes Across The Sky against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
The maximum or minimum amount of images taken during a photo/video shoot shall be determined between Eyes Across The Sky and the client. Images chosen to be edited are determined by Eyes Across The Sky artistic judgement. Images are edited at the discretion of Eyes Across The Sky. Not all Images taken will be edited.
It is the Client’s responsibility to obtain permission for entry at all applicable locations and to advise the Eyes Across The Sky Team of any restrictions or policies in place at all applicable locations.
Eyes Across The Sky is not liable for client/guest injuries or damages to properties that may occur during a photography/videography session. Client is not liable for injuries or damages to Eyes Across The Sky team or property during photo/video shoot.
Payment terms are strictly 72-hours from date of invoice by check made payable to “Eyes Across The Sky, LLC” or by credit/debit card transaction. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. A late charge will be paid by the Client to Eyes Across The Sky in the amount of 20% of the original invoice owed. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that in Eyes Across The Sky may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
Shall late and/or non-payment of invoices occur, a second time, payment will be required prior to video/photo delivery.
A fee of $120.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
The photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
In the event of a Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original requests by the Client/Agency or the Advertiser, or otherwise at their request, the Client/Agency shall give approval to and is responsible to pay such extra expenses and/or fees associated with additional time spent at the project in addition to the expenses shown as having been agreed or estimated.
Cancellation: A booking is considered firm as of the date of confirmation. An appointment/booking may be cancelled, however if cancelling within 24 hours of appointment time a $25.00 fee will be charged.
Stand by: If property is not ready at the time of appointment a fee will be applied at $25/per 15 minutes.
Multiple visit fee: $75.00 per visit will be applied if property is not ready upon team arrival and rescheduling is required.
Travel fees may apply.
Additional production costs will be applied for revisions and edits following final video completion. $75.00 per hour will be applied.
All videos are produced to run 1 – 4 minutes in length.
Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject a product on the basis of style or composition.
Supply to Third Parties: The license only applies to the advertiser and product as stated on the front of the form.
Electronic Storage: Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
All links expire. Files are to be saved to your computer as links expire past 30 days.
Applicable Law: This agreement shall be governed by the laws of Arizona.
Variation: These Terms and Conditions shall not be varied except by agreement in writing.