Legal
Effective date: August 26, 2026 · Last updated: August 26, 2026
This Terms of Use Agreement ("Agreement"), created on the effective date above, is made between you ("user," "you," or "your") and the business identified below.
The owner mentioned above, including its affiliated websites, applications, software, and tools (the "Company," "we," "us," or "our"), sets out with this Agreement the rights and obligations that you and all users share, together with any related media form or channel (collectively, the "website"), for the purpose of making use of any content, software, or other tools on the website (the "services").
A client ("client") is any party that enters into an agreement with us to receive specified services or other contractual benefits. See "Services that we offer."
We provide real estate photography, drone aerial photography, twilight photography, and video services. A summary of our services and current pricing is available on our Pricing and Services pages. An order confirmation or separate service agreement may list additional terms exclusively agreed upon between us and the client.
We provide services in the Jackson, Mississippi metropolitan area and surrounding communities, and we reserve the right to refuse our services for any reason.
All or a portion of the services offered on the website are paid in accordance with the terms below:
a.) Forms of payment. We accept payment through a third-party processing system such as Stripe at the time of service or per your order. The forms of payment accepted are VISA, Mastercard, American Express, Discover, bank draft, or check. We reserve the right, at any time, to reject payment for any reason.
b.) Currency. Payments are accepted in USD currency only.
c.) Refund policy. Except where required by law, payments are not automatically refundable. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the Company.
d.) In-app purchases. We do not provide in-app purchases.
We do not offer subscription services. Photography is billed per project, per your order or service agreement. There are no recurring or automatically renewing charges.
Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all visitors. If for any reason you do not agree with any of the terms of this Agreement, you may not access the website or its services.
Your access is also conditional upon your acceptance of and compliance with our privacy policy, which describes our policies and procedures on the collection, use, and disclosure of your personal information. It is advised to read our privacy policy prior to accessing the website or its services.
a.) Minors (under the age of 18). If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the website.
b.) Children (under the age of 13). If any user is a child under the age of thirteen (13) and from the United States, it is assumed that they have obtained verifiable parental consent to use the website, consistent with the Children's Online Privacy Protection Act, 15 U.S. Code § 6502.
As a user of our services, it is prohibited to engage in the following activities, among others:
We may provide you, either on the website or through a third party, the right to leave a review or rating of the services provided. Any review requires that you have firsthand experience with the party being reviewed; do not use offensive, abusive, or discriminatory language; do not reference illegal activity; do not post false or misleading comments; and do not post as part of a scheme with a competitor. In our sole discretion, we may accept, reject, or remove reviews. Reviews do not represent our opinions, and we assume no liability for reviews made on the website. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, and assignable license to reproduce, modify, display, and distribute the content of that review.
a.) Intellectual property infringement. We respect the intellectual property rights of others, and it is our policy to respond to any claim that our content infringes a trademark, copyright, or other intellectual property. If you own protected intellectual property that you believe is being used without authorization, you must submit notice to us using the contact details in this Agreement, including a detailed description of the alleged infringement.
b.) DMCA notice and procedure. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us, in writing (see 17 U.S.C. 512(c)(3)), with: an electronic or physical signature of the copyright owner or authorized agent; a description of the copyrighted work claimed to be infringed and where it appears on the website; your contact details; a statement that the use is not authorized and that your notice is made in good faith; and a statement, under penalty of perjury, that the information in the notice is accurate.
Except as otherwise indicated, all source code, databases, functionality, software, designs, and media of any kind (including audio, video, text, and photographs), content, trademarks, service marks, logos, and copyrights on the website are our intellectual and proprietary information ("intellectual property"), owned by us and protected by applicable law. This includes the photographs and video we produce. When you purchase our services, you receive a license to use the delivered images and video to market the specific property photographed; we retain the copyright unless otherwise agreed in writing. No intellectual property may be copied, reproduced, republished, distributed, sold, or otherwise exploited for commercial purposes beyond that license without our express prior written permission.
You agree that any information you submit for booking or registration is accurate and complete; that you will update it in a timely fashion if it changes; that you have the legal capacity to agree to and comply with this Agreement; that you are not a minor in the jurisdiction where you reside; and that you will use the website and its services only in an authorized and lawful manner. If any information you submit is inaccurate or incomplete, we reserve the right to terminate your access.
Our website or services may contain links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third party. If you are redirected to a third-party website, you hold us harmless and free of liability for any action that occurs there.
We reserve the right, in our sole discretion, to: monitor the website and services for violations of this Agreement; take appropriate action, including legal action, against users who violate this Agreement or attempt to defraud or harm others; refuse, restrict, or remove any content that is burdensome to our systems; and otherwise manage the website and services to protect our rights and property.
Your access to and use of the website or services is conditional upon your acceptance of our privacy policy, which describes our rules and procedures on the collection, use, and disclosure of your personal information. Our Privacy Policy can be found at fdlphotos.com/privacy. We may store certain data you transmit through the website. You are solely responsible for the data you transmit.
We may terminate or suspend your access for any reason and at our sole discretion, with or without prior notice. Upon termination, your access to the website and/or services will cease immediately. If you wish to terminate your relationship with us, you may do so by discontinuing your use of the website and its services.
The laws of the State of Mississippi, USA, where the Company is located, govern this Agreement and your use of and access to the website and services, without regard to conflict of law principles. Your use may also be subject to other local, state, national, and international laws.
If you raise any dispute about the website, its content, or the services, you are first required to attempt to resolve it informally by contacting us.
a.) Mediation. If a dispute cannot be resolved informally, it shall be moved to mediation for a period of 30 days, with the costs shared equally by both parties.
b.) Arbitration. If the dispute cannot be resolved during mediation, it will be submitted to binding arbitration in the jurisdiction of the governing law. We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the jurisdiction where you or we reside.
The website and any services offered are provided on an "as-is," "where-is," and "as-available" basis, including faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We provide no warranty that the content or services will meet your requirements, achieve any intended results, be compatible with other software or systems, operate without interruption, or be error- and virus-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
You agree to defend, indemnify, and hold us harmless, including our affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our content; your use of (or inability to use) the website or services; any breach of this Agreement; any breach of your representations and warranties; or any violation of the rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.
Except as explicitly stated otherwise, any notices sent to us must be sent to [email protected]. Any notices we send to you will be sent to the e-mail address you provided when booking or contacting us.
When accessing the website, sending e-mails, or submitting online forms or electronic records, you consent that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You agree that electronic means will be regarded as sufficient and equivalent to their physical counterparts.
If any complaint with us is not satisfactorily resolved, California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
If you are a user acting on behalf of the U.S. federal government, our website and its services are treated as a "commercial item" as defined under 48 C.F.R. § 2.101.
This Agreement, and any policies or operating rules posted by us, constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of that right or provision. If any provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. This Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us.
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