Terms

The short version

You warrant that you have the rights to the photographs you upload. We produce the video and, once you have paid in full, our contribution to it is yours. We take no portfolio right, so your listing is never used as our advertising.

The full text follows and it governs. This paragraph does not.

1. Parties and scope

These terms govern the production of marketing videos from property listing material supplied by the Client to Mamba Pro Media ("the Provider"). Mamba Pro Media is a trading name; the contracting legal entity is named on your invoice.

A Deliverable is one set of files produced from one property listing: a horizontal video at 1920 by 1080, a vertical video at 1080 by 1920, a still thumbnail, the narration script as text, and a manifest recording a cryptographic hash of every file. Nothing outside that list is included unless it is written into the order.

2. Client material and rights warranty

The Client supplies the photographs, floor plans, property descriptions and any other material used in a Deliverable ("Client Material"). The Client warrants that, for every item of Client Material:

• The Client owns the copyright, or holds a written license from the copyright owner, sufficient to permit reproduction, adaptation, synchronization with audio, and distribution on public video and social platforms.
• That license or ownership extends to the Provider for the purpose of producing and delivering the Deliverable, and to the Client for publishing it.
• No item is subject to a photographer license limited to a single listing, a single term, a single medium or a single brokerage, unless the Client has confirmed in writing that the intended use falls inside that limit.
• Every person and every recognizable private property appearing in the material has consented to that use, where consent is required.
• Where the property is or was listed on a Multiple Listing Service, the Client has the right to use the material outside that service.

The Provider does not verify any of this and is not able to. The Provider takes no copy of a photographer license, performs no chain of title search, and runs no image provenance check. The warranty is the whole of the Provider's protection, which is why it is stated at this length.

Photographer licenses are the live risk, not a formality. In the United States a listing photograph is very often licensed to the listing agent for the marketing of that one listing, for the period it is on the market, and no further. Video is a derivative work and syndication to social platforms is a further distribution.

3. Compliance

The Client is responsible for the compliance of every Deliverable with the rules of any Multiple Listing Service, association or brokerage the Client belongs to, including rules on branding, watermarks, agent attribution, required disclaimers, unbranded versions for syndication, and the removal or update of marketing when a listing status changes; with fair housing law, including the Fair Housing Act and any state or local equivalent, in the wording of the narration and in the framing of the imagery; with state real estate advertising rules, including any requirement to display a brokerage name, a license number or a supervising broker; and with any requirement to state that photographs are virtually staged, digitally enhanced or otherwise not a literal record of the property as it stands.

The Provider produces an unbranded Deliverable on request at no additional charge, so that a syndication rule requiring one can be met.

How the narration is produced bears directly on this clause. The Provider composes no original property copy. Every sentence in the narration is either a fixed piece of template copy that states nothing about the property, or a value read from a declared field of the listing record, or a whole sentence quoted verbatim from the property description the Client supplied. Production stops when a sentence cannot be traced back to one of those three, and the trace is delivered with the Deliverable.

Two consequences follow, and both are deliberate. The Provider does not introduce a claim about the property that the Client's own listing did not already make. And where the Client's listing description contains a claim that is inaccurate, non compliant or not the Client's own writing, that claim will appear in the Deliverable. The narration inherits the accuracy and the compliance of the source description.

4. Copy originality

The Client warrants that any property description supplied is the Client's own work, or is licensed to the Client for reproduction and adaptation. The Client acknowledges that the narration quotes that description directly, and that a description copied from another listing, from a builder brochure or from a third party site therefore carries into the Deliverable.

The template copy, the visual treatment, the motion design and the software are the Provider's and are not property specific.

5. Delivery

• Turnaround: 12 to 24 business hours from receipt of a complete and paid order. Same day rush is available on a single video at $75 per video, and on a pack at a price quoted and agreed before payment.
• A listing must carry at least 8 usable photographs. Below that the Provider will decline the order rather than pad the Deliverable, and nothing is charged.
• Delivery is by download link. The period the files remain available is stated on your invoice. The Client is responsible for keeping its own copy.
• Every Deliverable ships with a manifest listing a SHA-256 hash and a byte count for every file, so that a later copy can be checked against what was delivered.

6. Revisions

The number of included revision rounds and the window for requesting them are stated on your invoice.

An included revision covers the photo selection, the photo order, the choice of which listing facts appear, the music, and any factual correction. A revision that requires new source material, a different property, or narration that is not traceable to the listing record is a new order.

A factual error caused by the Provider is corrected at no charge and is not counted as a revision round. A factual error carried in from the Client's own listing material is corrected as an included revision.

7. Pricing and payment

$175 per Deliverable, flat, regardless of photo count or property value. Volume packs: 5 for $700, 10 for $1,313, 20 for $2,450. More than 20 is quoted on request.

Payment terms: payment in full before production. An order is checked first, and an invoice is issued only for an order that has been accepted. Production begins when the invoice is paid and the turnaround window runs from that point.

Payment method: invoice by email. When a card checkout is live it will be named here and on the pricing page, and these terms will say which processor holds the buyer relationship.

Taxes: the treatment applicable to your order is stated on your invoice.

Packs are prepaid. The videos in a pack do not expire.

8. Intellectual property in the Deliverable

On payment in full, the Provider assigns to the Client all right, title and interest in the Provider's contribution to the Deliverable: the edit, the narration recording, the motion treatment as applied to this listing, and the rendered files.

The Provider cannot grant more than it holds. The photographs remain licensed to the Client by their own copyright owner, and this assignment does not enlarge that license.

The Provider retains ownership of the software, the templates, the motion design and the brand assets, and retains the right to reuse them without limit.

The Provider does not use a Deliverable as a portfolio sample, publicly or privately, and takes no portfolio right from the Client.

9. Liability and indemnity

The Client indemnifies the Provider against any claim arising from Client Material or from the publication of a Deliverable, including a copyright claim by a photographer, a fair housing complaint, a Multiple Listing Service or association penalty, and a claim of inaccurate advertising.

The Provider's total liability under these terms is limited to the fees paid for the Deliverable that gave rise to the claim.

The Provider gives no warranty that a Deliverable will produce any commercial result.

10. Termination and law

Either party may stop placing or accepting orders at any time. Work already delivered is payable. An order paid but not yet delivered at termination is either completed or refunded in full, at the Client's choice.

These terms are governed by the law of the Netherlands.

Any dispute arising out of or in connection with these terms shall be finally settled by arbitration. Either party may commence arbitration, the obligation to arbitrate binds both parties equally, and neither party may bring the dispute before a court except to enforce an award or to seek urgent interim relief.

Questions about these terms

Write to hello@mambapromedia.com before you place an order rather than after.