Terms, Policies, & Copywrite Information
Before using any of the services provided by Jesse Williams and/or 34 North Marketing Company, you are required to read, understand, and agree to these terms. You may only accept our services after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE 34 NORTH SERVICES (“SERVICES”). BY USING THE 34 NORTH SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT 34 NORTH'S ABSOLUTE DISCRETION.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
The Site is an online service that offers Website Design, Website Hosting, WordPress Support (to operators of websites running on WordPress), Graphic Design, Advertising, Social Media Management, Product Photography, Construction Documentation, and Real Estate Photography Marketing Services (including interior photography, exterior photography, aerial photography, & social media marketing). Services include but are not limited to, any service and/or content 34 North makes available to or performs for you, as well as the offering of any materials, displayed, transmitted, or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of updating, maintenance or repair of the Site or any other reason within or outside the control of 34 North. 34 North reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
You may be required to register your information with 34 North so that we may contact you and provide you with access to certain content during a project.
Don’t reveal your WordPress Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify 34 North of any security breach of your Account. 34 North shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the 34 North Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services and that 34 North may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING 34 NORTH WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services.
Payments should be made by the due date indicated on any said invoice at the time or prior to services rendered. Payments may be made via major credit cards (Visa, Master Card, Discover, & American Express), Check (made payable to Jesse Williams), or by cash (handled in person at the time services are rendered).
Late Fees shall be implemented at a rate no greater than 15% per month.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include technology that limits your backend use of your website and that you shall use the Service in compliance with the applicable usage rules established by 34 North and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. 34 North reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by 34 North for compliance purposes, and 34 North reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to 34 North. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability. You agree and understand that 34 North will use Free and Paid (Premium) third-party Themes and Plugins. 34 North shall not be held liable for the failure of these Themes and Plugins including, but not limited to corrupted content, loss of content/media, website downtime, and loss of business. 34 North will install third-party Premium Themes and Plugins purchased under our company license. These plugins will remain active while you maintain a monthly maintenance and support contract with 34 North. Upon cancellation of a monthly support contract, 34 North will no longer support or carry your websites Premium Themes or Plugins on our license and You will be responsible for purchasing a new license for these Premium Themes and Plugins. A list of these Premium Themes and Plugins can be provided upon request.
The Client agrees that 34 North shall have full control of the backend of the website. No other persons, including the Client, should edit content, update WordPress core, add/remove/update plugins, ect... 34 North will track user edits and changes on the backend of your website. If the website is corrupted due to an unauthorized edit or modification, this may result in your site having to be partially or fully rebuilt and You will be billed for any time spent rebuilding the portion of the site that was damaged. While 34 North will provide the Client with a user login and password for access to the backend of the website, that login will be limited to what features will be available. This is to protect the integrity of the website code, the connectivity, and the interactions of the website Themes and Plugins. You agree to allow 34 North to install such management software in order to organize and manage the backend of your website. 34 North agrees to work for the customers best interest.
In the event that the Client terminates service with 34 North, we will uninstall our management tools and other licensed software. At that time, we will reissue complete administrative control of the website to the Client.
If you do not agree to these terms then You are not allowed to use our services.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Jesse Williams and/or 34 North, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services provided by 34 North and/or Jesse Williams.
You hereby agree to indemnify and hold harmless 34 North, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or 34 North Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Jesse Williams or 34 North be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service, or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your services.
JESSE WILLIAMS, 34 NORTH AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY JESSE WILLIAMS AND/OR 34 NORTH OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
34 North Marketing, 34 North, 34 North.com, and other graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of 34 North. 34 North’s intellectual property may not be used in connection with any product or service without the prior written consent of 34 North.
WEBSITE SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. The proper channel is via email to [email protected]
Each request is subject to further analysis from the development team regarding its feasibility. The effort required for development is exclusively determined by the 34 North management. For work outside of the scope of the 34 North development agreement, 34 North management may provide alternative solutions to the client including referral to the 34 North partner networks.
While 34 North strives to complete all support requests within a 48 hour time period, 34 North provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by 34 North management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall into the following categories.
- Styling elements with CSS
- Content population & image manipulation
- Theme/plugin/WordPress updates
- Plugin configuration
- Help with new pages and page templates
If you are unsure about whether a request meets these criteria, submit it via email at [email protected] and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet 34 North management approvals for support:
- HTML Email Templates
- Any design related work
- Custom plugin development
- Custom theme development
- Search marketing/SEO (unless included in your plan)
- Server DNS Management
- Phone support and consulting
- External services
- Any fix deemed out of scope by 34 North management would require additional consulting and will be charged to the client.
Certain services available may include materials from third parties. 34 North may provide links to third-party websites as a convenience to you. You agree that 34 North is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that 34 North is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by 34 North management, at its sole and exclusive discretion. Customers deemed to be abusing the 34 North services will be contacted by the 34 North management. 34 North management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
34 North may terminate or suspend any and all Services and/or your 34 North accounts immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 34 North accounts, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You can contact us through email at [email protected] to issue a termination request.
34 North reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified. Any change shall be delivered to the Client via email as sanctioned during registration.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind 34 North in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 34 North shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 34 North’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. 34 North may transfer, assign, or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Georgia between two residents thereof, the parties submit to the exclusive jurisdiction of Georgia courts. Both parties agree that the Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
Your privacy is important to us!
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes with the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfillment of those purposes.
Photo Copyright & Usage Rights Explained… What are you paying for?
The Short Version:
- 34 North always owns the copyright and usage rights for all the images.
- Upon payment of your invoice, You get to use the images in whatever way you need within the bounds of applicable laws.
- You can use the images to promote yourself as a business, listing agent, i.e., to showcase the services you can provide (through me) to a potential client, or you may use said images to promote your products.
Rights For Real Estate Agents
These terms and conditions set forth our agreement and describe how you may use the photographs we produce for you.
34 North/Jesse Williams (the photographer) agrees to provide you with photographs (which may include floor plan images) that reasonably meet your requirements to list a home for sale. Provided you pay us in full, you will have the following Rights to use the photographs, which constitute the photographs’ Intended Use.
- Use of the photographs to promote the sale of the home you are listing for the life of that listing. Photos may be used in the MLS, online, print and other media by you and your Real Estate Broker
- Use of the photographs to promote your business as a Real Estate Agent, that is, as portfolio examples to showcase what you as a Realtor can provide a Home Seller or Buyer.
- The right to provide the photographs to the home seller or buyer after you have completed the sale transaction. If the listing does not sell, you DO NOT have the right to provide the images to the home seller or any potential buyer. The intended usage of the photographs by the home seller or buyer is for keepsake purposes only, which constitutes personal use only and is subject to the “HOME SELLER / BUYER | PHOTOGRAPH USAGE LICENSE AGREEMENT” below.
You agree to use the photographs only for their Intended Use. You agree not to transfer or assign your Rights to anyone without our written permission.
You agree that we will remain the owners of all the copyrights in the photographs and that this agreement does not transfer copyright in the photographs to you. You agree that all rights not granted to you by this agreement are reserved by us and for us only. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER.
If anyone asks you for any of your Rights to the photographs, you agree to refer them to us so we can decide whether to allow the use and whether any additional fee is required.
We agree not to use the photographs in a way that conflicts with your Requirements or interferes with your Intended Use. If we discover that someone is infringing on our rights you agree to cooperate with us to help us stop the infringement or collect damages.