terms of use

Terms of Use for Big Bay Media’s Services

These Terms of Use ("Terms") govern your access to and use of the media assets provided by Big Bay Media ("we," "us," or "our") across our three business sectors: Real Estate Listings, Short-Term Rental Properties, and Commercial Marketing. By engaging our services and utilizing our media assets, you ("Client," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our services.

1. Definitions

  • Media Assets: Photographs, videos, graphics, and any other visual content provided by Big Bay Media.

  • Express Written Consent: A written agreement signed by an authorized representative of Big Bay Media.

  • Usage Rights: Permissions granted to the Client for the use of Media Assets under specified conditions.

2. Real Estate Listings

2.1 Grant of License

Big Bay Media grants the Client a single-use, non-transferable license to use the Media Assets solely for the purpose of marketing a specific property for sale or lease ("Real Estate Listings"). This license is limited to the particular listing for which the Media Assets were provided.

2.2 Restrictions on Use

  • Permitted Use: The Media Assets may only be used to promote the designated property on platforms such as MLS, real estate websites, print materials, and other marketing channels directly related to the sale or lease of the property.

  • Prohibited Use: The Client may not sell, distribute, sublicense, or otherwise exploit the Media Assets beyond the single-use license granted for the specific Real Estate Listing without obtaining express written consent from Big Bay Media.

2.3 Ownership and Copyright

All Media Assets provided under this sector remain the exclusive property of Big Bay Media. Unauthorized use or distribution of these assets is prohibited and may result in legal action.

3. Short-Term Rental Properties

3.1 Grant of License

Big Bay Media grants the Client a lifetime, non-exclusive, non-transferable license to use the Media Assets exclusively for generating rental bookings for short-term rental properties ("Short-Term Rentals"). This includes platforms such as Airbnb, VRBO, hotels, and similar services.

3.2 Restrictions on Use

  • Permitted Use: The Media Assets may be used to market the Short-Term Rental property on approved rental platforms, personal websites, and other channels directly related to generating rental bookings.

  • Prohibited Use: The Client may not use the Media Assets for any other income-generating purposes, including but not limited to real estate sales, commercial marketing, or any unrelated business activities. Additionally, the Client may not sell, distribute, sublicense, or otherwise exploit the Media Assets beyond the lifetime usage rights granted without express written consent from Big Bay Media.

3.3 Ownership and Copyright

All Media Assets provided under this sector remain the exclusive property of Big Bay Media. Unauthorized use or distribution of these assets is prohibited and may result in legal action.

4. Commercial Marketing

4.1 Grant of License

Big Bay Media grants the Client a lifetime, non-exclusive, non-transferable license to use the Media Assets solely for commercial marketing purposes. This includes, but is not limited to, advertising for home builders, interior designers, and other commercial entities seeking to promote their business.

4.2 Restrictions on Use

  • Permitted Use: The Media Assets may be utilized in marketing campaigns, advertisements, promotional materials, websites, and other channels directly related to the Client’s commercial activities.

  • Prohibited Use: The Client may not sell, distribute, sublicense, or otherwise exploit the Media Assets beyond the lifetime usage rights granted for commercial marketing purposes without obtaining express written consent from Big Bay Media.

4.3 Ownership and Copyright

All Media Assets provided under this sector remain the exclusive property of Big Bay Media. Unauthorized use or distribution of these assets is prohibited and may result in legal action.

5. General Restrictions

Across all business sectors, the following restrictions apply:

  • No Modification: Clients may not alter, edit, or modify the Media Assets in any way without prior written permission from Big Bay Media.

  • No Transferability: Usage rights are non-transferable. Clients may not assign, sublicense, or otherwise transfer their rights to any third party.

  • No Unauthorized Use: Clients must not use the Media Assets in any manner that violates applicable laws or regulations or that could harm the reputation of Big Bay Media.

6. Ownership and Copyright

All Media Assets provided by Big Bay Media are protected by copyright, trademark, and other intellectual property laws. Big Bay Media retains all rights, title, and interest in and to the Media Assets. No ownership rights are transferred to the Client under these Terms.

7. Prohibited Activities

Clients are expressly prohibited from:

  • Reproducing, distributing, publicly displaying, or creating derivative works from the Media Assets beyond the scope of the granted usage rights.

  • Using the Media Assets in a defamatory, misleading, or otherwise harmful manner.

  • Engaging in any activity that infringes upon the intellectual property rights of Big Bay Media or any third party.

8. Enforcement and Legal Remedies

Big Bay Media reserves the right to enforce these Terms to the fullest extent permitted by law. Unauthorized use of the Media Assets may result in civil and/or criminal penalties, including but not limited to monetary damages and injunctive relief.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Clients agree to submit to the exclusive jurisdiction of the courts located within Ontario for any disputes arising out of or related to these Terms.

10. Changes to Terms of Use

Big Bay Media reserves the right to modify or amend these Terms at any time without prior notice. Clients are responsible for regularly reviewing these Terms. Continued use of our services constitutes acceptance of any revised Terms.

11. Acknowledgment

By utilizing Big Bay Media’s services and media assets, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Use.

Contact Information

For any questions regarding these Terms of Use or to request express written consent for uses beyond the scope of these Terms, please contact:

Big Bay Media
Attn: Kyle Zardo
Email: kyle@bigbaymedia.com
Phone: 705-795-1501