Terms & Conditions
INTELLECT PHOTOGRAPHY TERMS AND CONDITIONS
DEFINITIONS.
“You” “Your” means the customer entering into a Service Contract with Intellect Photography, all of your agents, affiliates, and employees.
“Service Contract” means the contract for services entered into between You and Intellect Photography.
“3D Showcase” means an application, using the Positional Technology and WebGL or other technologies as specified by 3D Service Provider now or in the future, which displays Showcase Imagery within a Standard 3D Model to enable a user to navigate through a virtual depiction of a particular space through a Web browser or mobile application.
“Positional Technology” means 3D Service Provider’s proprietary technology that specifies the location of Digital Objects. “Digital Objects” means digital files or metadata such as visual files, annotations, digital media, or other information, which can be displayed in specified locations within a Standard 3D Model.
“Showcase Imagery” means imagery that combines Digital Objects generated on the 3D Service Provider Portal, in whole or in part, with a standard 3D model.
AUTHORIZED USER
As a customer of Intellect Photography you will be considered an authorized user of 3D Service Provider for all intents and purposes. As an authorized user you must comply with all the applicable terms and conditions of the 3D Service Provider Portal terms and conditions. Any breach of the 3D Service Provider Agreement will be considered a breach by You, and you will indemnify Intellect Photography for the resulting breach.
SHOWCASE IMAGERY COPYRIGHTS
Intellect Photography will own the copyrights in all Showcase Imagery. 3D Service Provider will own all digital copies of Showcase Imagery, and You shall only access the Imagery as permitted by Intellect Photography and/ or 3D Service Provider
PERMISSION TO USE
You may allow, and are encouraged to allow, third parties to view any of Your Standard 3D Models or 3D Showcases: (a) Directly on the 3D Service Provider Portal; (b) in the form of a screen shot of fly-through video file that is captured through functionality provided on the 3D Service Provider Portal and/or through third-party screen capture software; or (c) through a link to the 3D Service Provider Portal provided by 3D Service Provider; provided that 3D Service Provider may, but is not obligated to, provide support to any such third parties.
STORAGE; SECURITY; TRANSMISSION
You acknowledge that certain servers and databases are maintained on behalf of Intellect Photography, by or on behalf of 3D Service Provider to store Raw Camera Imagery, Showcase Imagery, Derived Imagery and other data processed by the 3D Service Provider Portal, and that 3D Service Provider may keep such information indefinitely or delete it following the expiration of the time period set forth in the Service Contract or the 3D Service Provider Agreement. You acknowledge that no security measure can guarantee against compromise, and 3D Service Provider does not guarantee that the servers and databases underlying the 3D Service Provider Portal will not experience any such compromise. You also acknowledge that the Showcase Imagery transmitted by Tour It Now and/ or 3D Service Provider to and from You and Authorized 3rd parties via the internet and other technologies, and that such transmissions cannot be made to be 100% secure or free from risk of compromise.
TECHNICAL SUPPORT SERVICES
Intellect Photography, is a licensed user of 3D Service Provider, 3D technology and has access to 3D Service Provider’s portal. Intellect Photography will maintain the required licenses with 3D Service Provider, for the duration of this Contract. Intellect Photography will work with 3D Service Provider to ensure that Customer’s 3D showcase is operating properly, to the extent that Intellect Photography is performing the Services above. Technical support for 3D Service Provider technology, including 3D showcase will be provided by 3D Service Provider. 3D Service Provider will use commercially reasonable efforts to keep the 3D Service Provider Portal operational, exclusive of downtime necessary for scheduled and emergency maintenance.
PAYMENT, DEPOSIT, FEES AND COSTS.
Payment shall be made to Intellect Photography, 299-1581-H Hillside Ave. Victoria, BC, V8T 2C1.
Customer agrees to pay Intellect Photography the as follows:
FEES. Rescheduling of the 3D virtual tour scan requires 24 hours notice. If Customer reschedules the 3D showcase scan less than 24 hours in advance there will be a twenty-five dollar ($25.00) rescheduling fee.
COSTS. Total costs of services provided by Intellect Photography to Customer will be determined by the package chosen in paragraph 1.
PAYMENT. Payment in full is due on completion of the 3D showcase scan. If any invoice is not paid when due, Intellect Photography will not grant Customer’s access to the 3D showcase tour, iframe emended codes, URL’s, and all other access that customer has to 3D Service Provider and the virtual tour, until Customer pays the full amount due.
If Customer fails to pay for the Services when due, Intellect Photography has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/ or seek legal remedies.
USAGE DATA AND DERIVED DATA
You acknowledge that Intellect Photography and/ or 3D Service Provider may aggregate some of the data collected with similar information collected from other 3D Service Provider 3D Vision Systems users, and may share that information with third parties; provided however, that any such information shared will not identify You individually.
PRIVACY
Intellect Photography and/ or 3D Service Provider may use certain information collected through 3D Service Provider Portal as set forth in 3D Service Provider’s Privacy Policy.
Through Your use of the 3D Service Provider Portal, You consent to the collection and use of information 3D Service Provider, its service providers, and Intellect Photography collect from You, including the transfer of this information within and between the United States and/ or other countries for storage, processing, and use my Intellect Photography and 3D Service Provider, its affiliates and service providers, and third parties with which it has strategic relationships. By providing Your mobile number, You expressly consent to receive direct dial calls, autodialed calls, and prerecorded calls, and text messages from Intellect Photography and/or 3D Service Provider relating to our product and services at that number.
NO WARRANTY & LIMITED WARRANTY
THE 3D SERVICE PROVIDER PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. 3D SERVICE PROVIDER DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3D SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE 3D SERVICE PROVIDER PORTAL WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT ANY CONTENT GENERATED BY THE 3D SERVICE PROVIDER PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY DEFECTS IN THE 3D SERVICE PROVIDER PORTAL WILL BE CORRECTED.
LIMITED WARRANTY Intellect Photography shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Intellect Photography’s community and region, and will provide a standard of care equal to, or superior to, case used by service providers similar to Intellect Photography on similar projects. Intellect Photography provides NO WARRANTY that the 3D Service Provider portal will be operational and will be able to satisfy Customer’s needs under this Contract. This includes, but is not limited to, that the use of the 3D Service Provider portal will be uninterrupted, timely, secure, free from error, or that any defects in the 3D Service Provider portal will be corrected.
WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Intellect Photography in connection with the Services will be the exclusive property of Intellect Photography, and/or 3D Service Provider. Upon request, Customer will have executed, all documents necessary to confirm or perfect the exclusive ownership of Intellect Photography to the Work Product.
CONFIDENTIALITY
Intellect Photography, and its employees, agents, or representatives will not at any time or in any matter, either directly or indirectly, use for the personal benefit of Intellect Photography, or divulge disclose or communicate in any manner, any information that is proprietary to Customer. Intellect Photography and its employees, agents and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after termination of this Contract.
Intellect Photography, and its employees, agents, or representatives may disclose Customers information as is necessary to fulfill the terms of this Contract and/ or to fully perform under this contract.
Any oral or written waiver by Customer of these confidentiality obligations which allows Intellect Photography to disclose Customer’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect or all other occurrences.
FORCE MAJEURE
If performance of this Contract of any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures or service providers (including 3D Service Provider). The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
GOVERNING LAW
This Contract shall be construed in accordance with the laws of the Province of British Columbia.
NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
INDEMNIFICATION
You acknowledge that by providing You access to the 3D Service Provider Portal, Intellect Photography and/ or 3D Service Provider does not assume any responsibility or liability for any risks associated with Your business. You shall defend, indemnify and hold harmless Intellect Photography and/ or 3D Service Provider, its affiliates, and their respective officers, directors, employees, and representatives from and against all claims by any third party arising out of or relating in any way to the conduct of Your business or the use of or inability to use the 3D Service Provider 3D Vision System, and all associated losses, costs, damages, and settlements, including reasonable legal fees and expenses. In the event of a claim report of which Intellect Photography seeks indemnification from you, Intellect Photography will promptly notify You in writing of the claim, cooperate with You in defending or settling the claim at Your expense, and allow You to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that You shall not settle any claim unless such settlement completely and forever releases the indemnified Intellect Photography party from all liability with respect to such claim or unless the indemnified Intellect Photography party consents to such settlement in writing.
TERMINATION
You may terminate this Agreement and Service Contract at any time upon 30 days prior written notice to Intellect Photography. Intellect Photography may terminate this Agreement and Service Contract at any time if You have failed to pay any fee when due, Intellect Photography may also terminate this agreement prior to the Service Contract date if You have committed any other material breach of this Agreement or Service Contract and failed to cure the material.
INVALIDITY; SEVERABILITY
This Agreement shall not be construed against either party. If any term, provision or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
LIMITING LIABILITY
BY SIGNING THIS AGREEMENT, OR BY OTHERWISE ACCESSING OR USING THE INTELLECT PHOTOGRAPHY WEBSITE OR PORTAL, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, CONDITIONS AND/ OR NOTICES, YOU MAY NOT ACCESS OR USE THE INTELLECT PHOTOGRAPHY WEBSITE OR PORTAL, OR THE 3D SERVICE PROVIDER WEBSITE OR PORTAL.
Intellect Photography reserves the right to revise any portion of this Contract in its sole discretion at any time and without prior notice to Customer by updating this posting, such changes to be effective prospectively. Thus, Customer should visit the Intellect Photography web page at www.intellectphotography.com for changes. If Customer disagrees with any changes to this Contract, Customers sole remedy is to discontinue Customer’s use of the Service. Customer’s continued use of the Service after a change has been posted constitutes Customer’s acceptance of the change thereafter.
IN NO EVENT WILL INTELLECT PHOTOGRAPHY OR 3D SERVICE PROVIDER OR ITS AFFIALIATES OR LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS; GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF 3D SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF INTELLECT PHOTOGRAPHY OR 3D SERVICE PROVIDER AND ITS AFFIALIATES AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE AMOUNTS PAID TO INTELLECT PHOTOGRAPHY BY YOU UNDER THESERVICE CONTRACT.
3D SHOWCASE SCAN CONTRACT
This Contract (“Contract”) for Services is made effective as of today, by and between customer (“Customer”) whose name and address has been registered in Intellect Photography website, and Intellect Photography.
- DESCRIPTION OF SERVICES.
Beginning on today, Intellect Photography will provide Customer with a 3D showcase scan where images will be captured for an immersive walkthrough 3D showcase.
The 3D showcase above will include the following:
Capture and create an immersive walkthrough 3D showcase, embedded code and URL of showcase, Overhead floor plan view, Doll house view, one year of hosting Customer’s 3D showcase for residential and commercial properties and 6 month of hosting for vehicles.
- PAYMENT, DEPOSIT, FEES AND COSTS.
Payment shall be made to Intellect Photography, 299-1581-H Hillside Ave. Victoria, BC, V8T 2C1.
Customer agrees to pay Intellect Photography the as follows:
FEES. Rescheduling of the 3D virtual tour scan requires 24 hours notice. If Customer reschedules the 3D showcase scan less than 24 hours in advance there will be a twenty-five dollar ($25.00) rescheduling fee.
COSTS. Total costs of services provided by Intellect Photography to Customer will be determined by the package chosen in paragraph 1.
PAYMENT. Payment in full is due on completion of the 3D showcase scan. If any invoice is not paid when due, Intellect Photography will not grant Customer’s access to the immersive walkthrough 3D showcase, emended codes, URL’s, and all other access that customer has to 3D Service Provider and the virtual 3D showcase, until Customer pays the full amount due.
If Customer fails to pay for the Services when due, Intellect Photography has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/ or seek legal remedies.
- CONTRACT ACCEPTENCE.
This contract is subject to, includes, and encompasses, the Terms and Conditions to this Contract. By clicking the “I’ve read and accept the terms & conditions” field in Checkout page, Customer admits that Customer has read, understands, and accepts the Terms and Conditions to be included as part of this contract.
This Contract along with the TERMS AND CONDITIONS, contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
