PHOTOTOUR AGREEMENT
This Agreement is between the PhotoTour and the Business whose premises are being photographed for the Google Maps StreetView, Google Hotels and/or Phototour WIT tours.
SERVICES AND OWNERSHIP OF PHOTOGRAPHS
In exchange for the Service Fee:
(a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Google Maps StreetView, Google Hotels and /or Phototour WIT tours.
(b) If appropriate, Phototour will upload the Photographs to Google for processing.
All Service Fees are non-refundable except as described below, or unless Phototour agrees in its sole discretion to permit a rescheduling of the services.
THIRD PARTY PUBLISHERS
Phototour cannot be held liable for the policies and requirements of third party publishers. Phototour will exercise all due efforts to ascertain and abide by the policies and requirements of third party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of Phototour to ensure that any delivered content is published by any third party publishers. Phototour accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers named in the 'Services to be Provided' section of the contract but no express guarantees for the actions of another entity are possible at any time.
Phototour will carry comprehensive general liability insurance coverage for Phototours’s activities on the Business’s premises.
LIMITATION ON LIABILITY
(A) EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE.
ENTIRE AGREEMENT
This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
PHOTOTOUR AGREEMENT
This Agreement is between the PhotoTour and the Business whose premises are being photographed for the Google Maps StreetView, Google Hotels and/or Phototour WIT tours.
SERVICES AND OWNERSHIP OF PHOTOGRAPHS
In exchange for the Service Fee:
(a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Google Maps StreetView, Google Hotels and /or Phototour WIT tours.
(b) If appropriate, Phototour will upload the Photographs to Google for processing.
All Service Fees are non-refundable except as described below, or unless Phototour agrees in its sole discretion to permit a rescheduling of the services.
THIRD PARTY PUBLISHERS
Phototour cannot be held liable for the policies and requirements of third party publishers. Phototour will exercise all due efforts to ascertain and abide by the policies and requirements of third party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of Phototour to ensure that any delivered content is published by any third party publishers. Phototour accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers named in the 'Services to be Provided' section of the contract but no express guarantees for the actions of another entity are possible at any time.
Phototour will carry comprehensive general liability insurance coverage for Phototours’s activities on the Business’s premises.
LIMITATION ON LIABILITY
(A) EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE.
ENTIRE AGREEMENT
This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
