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Terms and Conditions of Use

YOUR ACCESS TO THIS WEBSITE LOCATED AT www.picasso-photography.com, www.picassovirtualtours.com or www.pvtour.com (the "Website") AND PICASSO VIRTUAL TOUR SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.

Picasso Virtual Tours Agreement

  1. Enforcement. This is an Agreement between you and Piasso Photography LLC (provider of Picasso Virtual Tours services). The term "Website" when used will include the Website and all information, content, reports, data, graphics, web pages, text, files, pictures, virtual tours, artwork, software, product names, icons, company names, trademarks, logos, music and trade names contained on the Website, including the manner in which the said content is presented or appears. By accessing the Website, you are agreeing to be bound by the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue use of it. You acknowledge, by your use of the Website, that your use is at your sole risk.
  2. Inclusions. Other Virtual Tour information contained in other pages of Picasso Virtual Tours website form part of these Terms and Conditions.
  3. Amendment. Picasso Photography reserves the right to amend these terms and conditions at any time without prior notice to you. By using the Website you are agreeing to be bound by the then current version of these terms and conditions of use.
  4. Communication. Communication by email will be deemed as being as valid as communication in writing.

Tour Information

  1. Tour Package. A tour package is limited to one address or unit. For example, two condo units or two townhouses in a single building would be billed as two tours. By purchasing a tour, you give Picasso Photography permission to photograph the home or business at an agreed upon time and display the photographs on the internet. This appointment will be set either with the listing realtor and/or the homeowner/business owner. The home or business should be ready to photograph when we arrive. We will take the necessary pictures and then prepare the tour for the internet. We strive to have the finished product ready within 2 business days, but that is not always possible. Custom projects WILL take longer. We reserve the right to advertise the tours on other sites as we feel necessary (e.g. www.picassovirtualtours.com).
  2. Travel Costs. Travel to a single location/property within Boulder county is included. Travelling to locations outside these nominated areas may incur further travel and accommodation costs. If your property is outside the nominated areas, please indicate this before payment of deposit such that Picasso Photography can provide you with a quotation for any excess travel and/or accommodation costs, if any.
  3. Access to Site. Picasso Photography needs to be provided reasonable legal access to the site / property, and reasonable time to perform the photography. Site visits are normally preferred to be between 9AM and 5PM. Site visits outside these times are possible if a mutually acceptable time can be arrived at (e.g. night shots or sunrise shots). Picasso Photography will exercise all due care when on site but accepts no responsibility for any accidental damage or injury.
  4. Shooting conditions. Picasso Photography will endeavour to capture images in the best possible lighting conditions within the constraints of access provided to the site / property and weather conditions. Should access be limited to a particular time or day, and you are not satisfied with the result (e.g.exterior shots on a cloudy day), Picasso Photography can not be expected to re-capture images without the aditional costs associated with additional site visits being added to the quoted price.
  5. Picasso Photography will shoot the home / property as-is, so it’s the sole responsibility of the realtor or homeowner to prepare their house or business (interior and exterior).  However, Picasso Photography will turn lighting on or off and open or shut blinds if it results in better images. Picasso Photography may also offer suggestions for staging to improve the aesthetics of the images captured (e.g. hiding electrical cords, adjustment of a vase or picture frames)  and may make minor adjustments of setting at our discretion to improve over all results.  Once the photographer has photographed a home or business, the tour may not be cancelled. The client will be charged the full price of the tour.
  6. Additional panoramas and images. Prices listed for additional panoramas and images are based on capturing during the intial site visit.
  7. Panoramic views of given rooms or exteriors will be agreed upon prior to shooting, however Picasso Photography may elect to shoot additional panoramic views for use in up selling to a more comprehensive package. These additional panoramic views cannot be substituted for views in the original order, but can be selected for use in a more comprehensive package or purchased separately for $25 each.
  8. Ownership. The Website is protected by intellectual property, copyright and trademark laws. Except as expressly licensed to you, Picasso Photography retains all rights, title and interest in and to the Website, including all intellectual property rights (all images and media are the sole property of Picasso Photography). You do not own the Website. All images and media will be made available to client until the property is sold or Picasso Virtual Tour hosting agreement expires (Unless otherwise specified in writing).
  9. Expiry. Any Virtual Tour hosted by Picasso Photography will be hosted at no charge for a period of six (6) months from date of delivery of the completed Virtual Tour (hosting agreement). We will also renew the hosting term semi-annually for $25.00 per 6 months thereafter upon your request.
  10. Link. Picasso Photography reserves the right to place a link within the Virtual Tour to Picasso Virtual Tours' website.
  11. The virtual tour we prepare for you can be posted to Realtor.com for a $20 charge (our cost) or if you or your real estate broker have a "Showcase Subscription" with Realtor.com there is no additional charge. Your MLS listing on Realtor.com will have a link that points to your virtual tour hosted by Picasso Photography.
  12. Within the first week of your tour being posted on the Internet you can request minor editorial changes. Change requests after this initial week are charged at $50/hour on 1/10th of an hour basis. However, at Picasso Photography's discretion, simple changes (e.g. update of a phone number) may be made without incurring a charge, but other changes such as a MLS number and all of its ramifications (e.g. url change, database updates, reposting of content to web and reposting to Realtor.com) will result in a service charge.

Payment

  1. Deposit. A deposit of 50% of the quoted or expected price will be required before work commences.
  2. Acceptance of Quotation. Payment of deposit is deemed as acceptance of Quotation.
  3. Payment Methods. Payment can be made via Paypal electronic funds transfer, check or cash. Picasso Photography cannot accept payments by Credit Card.
  4. Failure to Pay Invoice. Failure to pay the invoice by the due date may result in the Virtual Tour being disabled until payment is made. No compensation will be made for any period of time that the Virtual Tour is disabled.
  5. Cancellation of Order. The deposit will be refunded less reasonable costs for work completed up to the time of cancellation.

Deliverables

  1. A virtual tour will be posted to the Picasso Photography website only upon receiving required information as specified at time of scheduling. This information includes, but is not limited to: MLS number, asking price, property address, square footage, the number of bedrooms and bathrooms, agent picture, company logo of listing broker, company website url, agent contact information, etc.
  2. Delivery. Upon completion, you will be provided a URL (Internet Address) to allow you to link to the Virtual Tour from another website, or publish in advertising. In addition a CD containing individual images of your property or business that are used on your web site will be provided for your unlimited use (or a link to a download site accessible for 30 days). Supply of this URL and CD is deemed to be delivery of the completed Virtual Tour. An invoice for the balance of the quoted price will be issued at that point in time. Picasso Photography will provide the hosting for the Virtual Tour.

Miscellaneous Information

  1. Disclaimer. Note that the Website is provided "AS IS" without any representations, warranties, guarantees or conditions, of any kind, whether expressed or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, and should be accessed and used by you at your own risk.
  2. Accuracy. The Website is provided for listings and informational purposes only. The information on the Website is believed to be reliable when posted. Although reasonable efforts are used to ensure that the Website will be current and will contain no errors or inaccuracies, Picasso Photography cannot guarantee that the Website is accurate or error-free or that it will be current at all times. The information on the Website is subject to change without notice.
  3. Limitation of Liability. Under no circumstances shall Picasso Photography or any of its employees, directors, officers, agents, affiliates or suppliers be liable for any damages whatsoever arising out of or related to (1) access to or use of the Website; and/or (2) any information or content you send to Picasso Photography; and/or (3) the use of links to other websites, whether or not any such damages might be foreseeable and even if Picasso Photography is informed of their possibility, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
  4. Indemnity. You agree at all times to indemnify, defend and hold harmless Picasso Photography and any of its employees, directors, officers, agents, affiliates, licensors and suppliers of all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Picasso Photography directly or indirectly in respect of (1) access to or use of the Website; and/or (2) any information or content you send to Picasso Photography; and/or (3) the use of links to other websites.
  5. Termination. Without prejudice to any other of its rights, Picasso Photography may terminate this Agreement, without notice to you, if you fail to comply with the terms and conditions of this Agreement. In the event this Agreement is terminated, you will no longer have access to the Website and you will return all information in your possession relating to the Website and all copies thereof. The terms of this Agreement will survive the termination or expiry of this Agreement.
  6. Linked Sites. Picasso Photography may provide links to other websites which are provided for your convenience. Picasso Photography does not endorse or take responsibility for the accuracy or appropriateness of the information, data, opinions, advice, statements, content, hyper-links, and information contained on those websites and is not liable for any issues arising from your using those websites. Access to linked websites is at your own risk. In providing links to the other websites, Picasso Photography is in no way acting as a publisher or dissemination of the material contained on those other websites and does not seek to monitor or control such websites. A link to another website should not be construed to mean that Picasso Photography is affiliated or associated with same. The mention of another party or its product or service on the Website should not be construed as an endorsement of that party or its product or service.


© 2009 Picasso Photography LLC. ALL RIGHTS RESERVED.