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2017 ToS

Terms of Service

Original Effective Date: 12/01/2016


REVISIONS:
1/28/17
Clarified / cleaned up some confusing wording in Package description.

2/1/2017
Start-up fee price increase to $260

2/10/17
Modified Google publishing details

2/28/2017
Clarifications on the definition of "service"

3/27/17
Re-worded some descriptions to  better clarity.
Removed all references to 'videos"

 

Important!
Your payment of the start-up fee invoice signifies that you have read, understand, and agree to the below terms of service.  
print this page
on the date of your invoice and retain a copy for your records. 


This program is a paid display advertising package for a term of 2 years.

Your paid participation entitles you to our virtual tour / exposure marketing service for 2 full years from the date publish.  Please note this program is an advertising SERVICE.  We're not selling you a product
This advertising package includes:

  • Photographing and creating your custom 360 degree interactive  virtual tour.  
  • Providing you the HTML code to embed the virtual tour on your website
  • Publishing your virtual tour display on Google Maps
  • Hosting the virtual tour on our servers.
  • Technical and marketing consultation services (email and phone call)
  • Assistance in displaying your virtual images on your Facebook timeline
  • Access to your Google Analytic of viewer stats on your display
  • One-year display on the local "Virtual Business Guide" (as applicable)

Google Maps "Street View" Publishing

A free bonus to each paid Custom Virtual Tour service is that we will publish your virtual tour to your businesses' Google Maps listing.  Our company is an official Google Street View Trusted Pro, meaning we are permitted by Google to publish these images through the professional-level Street View editing access.  That said, Google owns and controls that space and does not charge for it, which means they may or may not display any Street View images of businesses at their sole decision.  For this reason we do not charge you for this, and we cannot possibly guarantee the duration or functionality of the Google Street View display.   If you wish us to troubleshoot or re-publish your imagery to Google Maps later due to Google Maps changes or bugs, we will provide you a rate for our hourly service for that - however it is a risk as we still would not be able to guarantee any short-term or long-term results in Google's proprietary space.
In order for us to publish your images on a Google listing the process must follow as outlined on the Program Details page.  If you opt not to have us publish the images to Google, then we can tailor the photo shoot process anyway you desire. If you decide to not follow the line of sight required for the Google production, we will only be able to publish those images to your account that do have a line of sight connection between them


Payment

The invoice that is made part of these Terms of Service is for your custom Virtual Tour package as outline in the Program Details page.  Your payment of the invoice signifies your acceptance of these terms of service and the program details, as well as the payment process outlined in the following.

  • Payment of the start-up fee is due in advance of your photo shoot.  We can only hold a tentative photo shoot appointment for 48 hours.  Your payment of the start-up fee will secure that photo shoot appointment
  • Our photographer will NOT show up to your photo shoot if the start-up fee is not paid
  • Payment by credit card through our Square invoice is required.  You MUST save your credit card on file so that we can automatically charge any additional images you opt to have during the photo shoot.  You will be able to disconnect your credit card from our square account through a link provided in the receipt of payment after the photo shoot
  • Your images will NOT be added into the production schedule if you have any unpaid balance on your account
  • Any unpaid balance on your account that reaches 30 days will incur a late fee of $75.  This will be added again for each additional 30 days late.  Again, we will not add your images to the production schedule until all unpaid balance is paid in full - and this includes late fee balances.

W9 forms will be provided upon request.


Deliverable

All Participants

  • The custom virtual tour is your advertising display and is provided to you as a link and/or embed code for you to display on as many online pages and social media sites as you wish for one full year.
  • The Street View Indoors productions are published to Google Maps and connected to the Google listing for the business in Google Map (so long as Google provides)

Local Association Program Participants
In addition to the above deliverable, businesses participating through their local association (Chamber, CVB, Downtown Assoc., etc.) who are members in good standing will have their virtual tour display added to the association’s “Virtual Business & Area Guide” for a period of one year, with the option to renew.

Turn-around Time
In most cases the production / deliverable will be completed within 2 - 4 weeks from the date of the photo shoot. However, during peak participation times of the year this may take a little longer.  


Photo Shoot Scheduling
Upon your verbal agreement to participate, your photo shoot will be tentatively scheduled and you will be invoiced within 24 hours..  Once we receive payment in full for the base package invoiced, your schedule is locked in.  If we do not receive payment within 3 days of the date of invoice, we will consider your participation void and fill your scheduled spot with another business that wishes to participate.

There are no refunds.  If you cancel your photo shoot, it will simply be re-scheduled.  In the very unlikely event that you are not satisfied with your imagery, it will be re-photographed the next time we are in your area.  In some rare cases, postponements may happen more than once.

In the extremely unlikely event that we are unable to perform the photography or the production of your content due to a failure within our organization to provide or perform, then you will receive a full refund.
In the event that weather or other adverse circumstance prevents us from performing the photo shoots as per schedule, a re-schedule date will be assigned and you shall be notified in advance of that date.

If you cancel or postpone your photo shoot on the day of the photo shoot you will be charged a $40 no-show fee, which will be charged to your credit card on file  Failure on your part to reschedule does NOT entitle you to a refund.
It is YOUR responsibility to be prepared for the photo shoot.  This means you must have everything as you want it to be photographed before we arrive (not when or after we arrive).  If anything is captured in the imagery that you feel was not as you wanted it to be we can re-publish the tour to blur or remove images for an additional fee.  If you wish to have any images re-shot, those will be scheduled for our next visit to the area and you will be charged the standard per image fee plus a $40 re-publishing fee.

Limitations of Liability
Content displayed on Google Maps and YouTube are controlled by Google Inc and other departments of Alphabet Inc, and as such are susceptible to possible future programmatic changes Google elects to make.  PlacesMobile Inc is held harmless by any such programmatic changes made by Google.  In other words, if your displays in Google disappear or change, we are not in control of that and are not held responsible (which is why we do not charge you for being displayed in Google).  If you decide to not follow the line of sight required for the Google production, we will only be able to publish those images to your account that do have a line of sight connection between them.

Affinity program partners (Chambers, CVBs, BIDs, etc) have no liability to participating businesses and shall be held harmless in every aspect of this program.

COMMERCIAL DIGITAL USE LICENSE - PHOTOS AND VIDEO

WHAT YOU CAN DO:

Upon your payment of the invoice for the content provided,  PlacesMobile INC ("Content Provider") grants you a non-exclusive, non-transferable, license to use / display the accompanying image(s) or video(s) (collectively, "Media,") for the following commercial marketing  purposes:

  • on digital advertising, social media promotion, web brochures that owned by you or your direct franchise affiliates
  • as part of a commercial website owned by you or your direct franchise affiliate

WHAT YOU MAY NOT DO:

You may not resell, re-license, redistribute without express written permission from  Provider. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download to others.

Content Provider retains all rights, license, copyright, title and ownership of the Media.

There is no warranty, express or implied, with the purchase of this digital image or video file. Content Provider will not be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer's use of the Media.


Special Conditions
This specific program is a member benefit advertising opportunity through the Chamber or other organization in which you registered under.  Any discounted pricing defined is only offered to members in good standing.

These Terms of Service are subject to change at any time with revision dates listed at the top of the page.    All participants are bound by any and all changes going forward.  You will be notified of these changes and you may cancel your participation at that time should you feel the changes negatively impact your status.

Photo shoots scheduled earlier than 8:00 AM, or after 5:00 PM will incur an additional $75 "off hours" fee, which will be added to the initial invoice which is due and payable prior to the photo shoot session.