Scatterscape General Terms
Before using our services, please read and understand the following User Terms. These terms govern your use of our real estate photography services and form a legally binding agreement between you (the user) and Scatterscape. By using our services, you agree to be bound by these User Terms.
Service Description
Scatterscape provides professional real estate photography services to clients in need of visual content for their property listings. Our services include but are not limited to property photography, virtual tours, drone photography, and post-processing/editing.
Ordering Services
a. To order our services, you must provide accurate and complete information about the property and your requirements.
b. By placing an order, you confirm that you have the necessary rights and permissions to allow us to access and photograph the property.
Pricing and Payment
a. The pricing for our services will be clearly communicated to you before placing an order. Prices are subject to change at our discretion.
b. Payment must be made in full before the delivery of the final product. We accept payment through the methods specified on our website or as otherwise agreed upon.
Cancellation and Rescheduling:
a. To cancel or reschedule a booking, you must provide us with reasonable notice in advance. Failure to provide adequate notice may result in cancellation fees.
b. We reserve the right to cancel or reschedule a booking due to circumstances beyond our control, such as inclement weather or equipment failure. In such cases, we will make every effort to provide an alternative date or issue a refund.
Intellectual Property:
a. All intellectual property rights, including copyrights, related to the photographs and virtual tours produced by Scatterscape remain the property of Scatterscape.
b. Upon payment, you are granted a non-exclusive license to use the visual content solely for the purpose of promoting the property in question. You may not sell, license, or distribute the content to third parties without our prior written consent.
Limitation of Liability
a. While we strive to provide accurate and high-quality visual content, we do not guarantee the suitability, accuracy, or completeness of the photographs and virtual tours.
b. Scatterscape shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our services or the content we provide.
Confidentiality and Privacy
a. We respect your privacy and will handle any personal information in accordance with our Privacy Policy.
b. We may use the photographs and virtual tours produced by us for marketing and promotional purposes unless otherwise agreed upon in writing.
Governing Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the laws of the state of Utah. Any disputes arising out of or in connection with these User Terms shall be subject to the exclusive jurisdiction of the courts of the state of Utah.
Amendments and Termination:
a. Scatterscape reserves the right to amend or modify these User Terms at any time. Any changes will be effective immediately upon posting on our website.
b. We may terminate your access to our services if you breach these User Terms or engage in any illegal or harmful activities.
By using our services, you acknowledge that you have read, understood, and agreed to these User Terms. If you do not agree to any of the terms outlined above, please refrain from using our services. If you have any questions or concerns, please contact us at [email protected].
Content Hosting Policy
Photos, Video, and Downloadable Content
It is the Client’s responsibility to immediately download and save all photos, video and other downloadable content that is delivered to Client by Scatterscape. Scatterscape is not a data storage service and does not accept the liabilities associated with longterm storage of client content.
Scatterscape automatically permanently deletes any and all photos after thirty (30) calendar days of delivering access to the Client. Once photos and other images are deleted, they cannot be retrieved. In the event that Client fails to download their photos or other content within the thirty (30) calendar day period, or Client deletes, loses access to or otherwise fails to keep safe their content after such period, Client agrees to hold Scatterscape harmless.
Matterport 3D Tour Hosting
With the exception of Builder 3D or Site Survey products, Scatterscape provides sixty (60) calendar days of free hosting to Client starting on and including the date of capture. After this free hosting period, it is the responsibility of the Client to notify Scatterscape in writing that Client wishes to continue hosting the 3D tour through a paid subscription plan as provided by Scatterscape.
Client shall not rely upon Scatterscape to notify Client that their current hosting plan (whether free or paid) is nearing its termination. It shall be the responsibility of Client to ensure that a hosting plan is in place and paid in full for any tours stored on Scatterscape’s Matterport hosting account.
Client may, at any time, request that Scatterscape transfer, free of charge, any tour(s) belonging to Client to a Matterport account operated by Client or another party as requested by Client. However, Scatterscape will not transfer any Client tours to another account until all outstanding balances owed by Client are paid in full to Scatterscape.
If a Client Matterport tour’s hosting plan expires and Client has made no effort to initiate a new hosting plan or to renew the existing hosting plan, Scatterscape may immediately archive or permanently delete the tour. Deleted tours can never be retrieved or made active again. Furthermore, if Client has indicated they wish to extend the hosting for a Tour but has yet to make payment in full for said hosting, Scatterscape may archive or permanently delete the tour.
Client acknowledges that in the event a Tour has been archived for reasons outlined above, that Scatterscape may require a reactivation fee of $19.99 to make the tour active again. Additionally, Scatterscape will require a paid hosting plan to be in place and paid in full to make the tour active again.
After the initial sixty (60) calendar day period, Scatterscape reserves the right to refuse to extend hosting to client. In such a case, Scatterscape will provide client a reasonable period of time in which to find another Matterport account to which the tour can be transferred.
Matterport tours are stored on a platform owned and operated by Matterport Inc., a publicly traded company (MTTR). Client will hold Scatterscape harmless in the event that Matterport Inc. makes it impossible for Scatterscape to uphold its hosting obligations to Client.
By using our services, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree to any of the terms outlined above, please refrain from using our services. If you have any questions or concerns, please contact us at [email protected].
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