Terms of service
Last update: June 3, 2020.
This Virtuorama Terms Of Service Agreement (“Agreement”) is a legal contract that governs all work performed on your behalf and sets forth the rights and obligations of both parties. By ordering services from Virtuorama, you agree to these terms. Please read this carefully.
VIRTUORAMA PHOTOGRAPHY SERVICES:
Pursuant to the terms of this Agreement, including all of the specifications for the project that you provide through our website or directly to any member of Virtuorama LLC (We), we will provide the services you specify (collectively “Services”) to you (“Customer”); if applicable, your clients (“Property Owners”); and certain third parties as follows:
• We will perform the Services you order from us through a telephone order or a written work order (each a “Work Order”) within the time frame we specify. Services will be performed at our then-current rates, as posted on our website and as may be updated from time to time.
• Once we have completed the on-site photography and/or scanning Services at the physical premises (“Premises”), we will prepare the final version for posting online and notify the Customer.
• We will provide you with a direct link to the posted 3d virtual tour imaging that we have produced. At your request, we will also delete the 3d virtual tour imaging from the internet, although we cannot guarantee that this will fully eliminate it, as we cannot control whether third parties have copied some or all of it after it is publicly available.
• If Customer adds additional Services, these will be memorialized with additional orders and may bear additional fees.
Subject to the terms of this Agreement, We will use commercially reasonable efforts to provide the Services and to comply with all applicable laws and regulations in fulfilling its obligations and providing Services under these Terms of Service and any additional orders.
AT THE SHOOT:
The photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms; however please note that this does not include things like making beds or arranging furniture. Clients are expected to have the property staging and cleaning completed prior to the 3D scan. All properties will be scanned “As Is.”
No tangible personal property is transferred to the customer. Product delivery will be done purely by electronic means only.
• Delivery of 3D virtual tour: We will provide a URL and embed code for the completed Matterport Space(s) (which will include access to Guided Tours and snapshots of tour if ordered). Customer understands and agrees that all Matterport Spaces (including associated Guided Tours if ordered) are hosted solely on Matterport’s platform, and Customer will not receive any digital assets for Matterport Spaces. We will make all of the foregoing 3D Services available to Customer within 24 hours after the date and time of the Capture Services. Customer can request that Matterport Spaces contain hidden “presented by” and “contacts” details for use on real estate MLS. We agree to process and host the created Matterport Space(s) on the Matterport platform for a period of 6 months following the completion of Capture Services. After the first 6 months, if needed by the Customer, We will provide 2 additional months of hosting free of charge. This may be extended by customer’s request for an additional monthly or annual fee. Customer acknowledges that: (a) Virtuorama is an independent provider of the Capture Services and is not a contractor, employee or agent of Matterport; and (b) Virtuorama is making the 3D Services available to Customer under a license between Matterport and Virtuorama.
• Delivery of video material: We will deliver the video materials purely electronic means only within 48 hours after the date and time of the Capture Services.
If after the Capture Services are rendered for a 3D virtual tour, it is determined that the Premises is greater in square footage than the footage allowed by the service requested by the Client, We will charge the rate to the corresponding plan based on real square footage.
You must pay for our services at the rates charged at the time each order is placed. Our rates and cancellation fees are listed in our website or available in our Terms Of Service document.
You must pay for our services no later than 24 hours after the product is delivered, otherwise, we reserve the right to pull out the product from the internet.
If the Premises is not ready for on-site Services at the scheduled appointment time, we charge a $15 delay fee per 30 minute delay or part thereof.
If there are loose dogs or other animals on-site who appear to present any kind of danger to Virtuorama personnel, Virtuorama may cancel the Services and Customer will be responsible for a 100% charge.
If cancellation or rescheduling is necessary, you must provide us with a written notice of cancellation with a minimum of 24 hours notice.
Any shoot cancelled within 24 hours of a booked appointment is subject to a $50 Cancellation Fee. Arriving late beyond 30 minutes to an appointment will be considered a cancellation, and will be subject to a $100 Cancellation Fee. Every effort will be made to accommodate a re- scheduling. In the event of inclement weather preventing photography, a new date will be scheduled at the earliest available time.
OWNERSHIP, INTELLECTUAL PROPERTY & LICENSE:
Customer, Property Owners or appropriate third parties own the copyright to any materials at the Property which are subject to copyright. Nothing in this Agreement constitutes a transfer of any ownership interest in any intellectual property or other proprietary rights owned by either Party, including but not limited to ownership of Virturoama Trademarks, copyrights, software, patents or patentable technologies, or know-how. All rights not explicitly granted shall be retained exclusively by the respective owner Party hereunder.
Virtuorama owns and retains all rights to delivered material including but not limited to Panoramic virtual tours, 3D virtual tours, 3D models, 360 photos, 360 video productions, photos and/or video supplied to the Customer and has the right to resell it or use it for marketing and publicity purposes.
During the term of this Agreement and its subsequent extensions, Virturama grants the Customer a limited, non-exclusive, royalty-free license to use, display, republish and edit the Virtuorama multimedia digital content that Virtuorama produces and provides to the Customer. This license is transferable only to property owners.
All multimedia digital content produced for a Client may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self promotion. The multimedia digital content may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed.
A Client who orders 3D Virtual Tours, in addition to the Virtuorama Terms and Conditions, is subject to the Matterport Terms of Service. If the Matterport 3D Tour is customized through MPEmbed, the Client agrees to the MPEmbed Terms of Service.
By allowing us to publish your 360 virtual tour imagery to Google Maps, Street View and Earth, you indicate your acceptance of Google’s Maps Photo & Video Policy.
LIMITATION OF LIABILITY:
The aggregate liability of Virtuorama and its suppliers and licensors for claims related to this agreement, whether for breach of warranty, contract, tort, negligence, strict liability or otherwise shall be limited to the fees actually paid by Customer for the services giving rise to such claims. in no event will Virtuorama or its subcontractors be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of this agreement (including loss of profits, use, data or other economic advantage), even if Virtuorama has been previously advised of the possibility of such damage. in no event will Virtuorama or suppliers or licensors be liable for the breakage or damage of any items at the premises, for any lost pets or other losses resulting from customer or homeowner’s failure to properly prepare the premises for the on-site services, for any burglary, premises break-in, identity theft, digital theft or any other harm resulting from provision of the on-site services, or for the cost of procurement of substitute goods, services or technology. the foregoing limitations will apply notwithstanding the failure of essential purpose of any limited remedy herein.