Terms and Conditions
Last updated: February 18, 2022
Please read these terms and conditions carefully before using any of our Our Services.
Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
RCRdigital (referred to as either RCRdigital, Dana Xiong (proprietor), Rick Rowland (content creator), or We; in this Agreement) refers to RCRdigital, Las Vegas, Nevada.
You, Client, Agent, Agents, or Buyers Agent means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and RCRdigital. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. RCRdigital does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of RCRdigital. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Photography
Prior to Photo Shoot
Time and date will be confirmed by both RCRdigital and client. All dates and times may not be available and mutual agreed upon time that accommodates all parties will be reached and confirmed by all parties within 24 hours of scheduled photo shoot. All access info, i.e., lockbox code (if needed), gate code (if needed) and any other pertinent access info will be disclosed to RCRdigital within 2-4 hours of photo shoot. Failure to disclose access information prior to scheduled time of photo shoot may result in cancellation of photography services. We will try our best to communicate with you if we need access info, however, access to the property is the responsibility of the agent requesting services.
During the Photo Shoot
RCRdigital is committed in showing every property at itâs absolute best. Rick will be able to provide for you and your clients professional grade photos no matter the condition of the property. However, we strongly recommend that property is prepared for photos prior to the photo shoot and property is photo ready at the time of shoot. If large items need to be moved during the shoot this could disrupt photo shoot and negate important photo angles. If you feel this is necessary please contact Rick and let him advise you from his many years of experience. Many times items can be moved a short distance and Rick can compose a shot without them in view. If you have any questions please contact Rick and heâll be more than happy to guide you. Working together we can make the property look its absolute best!
Small edits to the property will be made during the photo shoot. These may includeâremoving garbage bins (inside and outside if possible), removing towels and dish rags from sight, opening/closing blinds, turning on/off lights, turning off fans, closing toilet seats, and etc. These are common tasks Rick will complete during photo shoot, but we cannot guarantee every edit will be made.
If agent is not present at photo shoot RCRdigital will assume property is photo ready and shoot property as-is.
If you have any questions on how to best prepare the property call RCRdigital and weâll be glad to help!
Delivery of Photos
All photography is backed by a 100% satisfaction guarantee. Regular photo services do not have any upfront charges prior to photo shoot. A set of proofs will be emailed to the client within 12 hours of the end of the photo shoot for the client to approve of photos. This proof sheet will be in HTML format showing thumbnail images of the photos to be delivered. The photos will be watermarked for security purposes. The client will be able to approve for photos for color correctness, property coverage, composition, and lighting. A Pay Pal invoice will be linked at the bottom of the proof page. If client approves of the proofs then they will be directed to pay the PayPal invoice via PayPal. Client does not need a PayPal account to pay invoice. By paying invoice client is accepting and approving photos. Once confirmation of payment in full is received by RCRdigital from PayPal, photos will then be released to client via Google Drive. If payment is received after 9pm photos may be delivered the following morning. Client will receive 2 links to download photos. 1 link will be a ZIP file containing a full set of photos as seen on the proof page in MLS/Web format. The 2nd link will be a full set of photos formatted for print use. These will be suitable for printing on materials no larger than 8.5âx11â. The watermarks will be removed on both sets of photos. If client finds any dissatisfaction with photos after approval process, they are encouraged to contact RCRdigital to resolve any issues with photos. RCRdigital will make every effort to resolving any dissatisfaction with a mutual agreement between client and RCRdigital.
Copyright and Use Permission
RCRdigital retains the copyright on all digital assets created by RCRdigital. Digital assets that have been paid for in full and delivered to client may be used for marketing of the subject property depicted in the photos and to promote their business through digital, print, social media, direct marketing, and other avenues that only promote their business. Clients may not claim the photos as their own and may not make income from them directly such as selling them to publications and stock photography agencies or websites. Buyer agents may use the photos only after they have contacted RCRdigital directly and agreed to RCRdigitalâs buyer agentsâ terms and conditions.
Drone Photography
All drone photography is covered by the above terms and conditions for photography. Rick Rowland is licensed with the FAA and holds a UAS license in good standing. All drones flown by RCRdigital are registered and are in compliance with the FAA. All drone operations are subjected to FAA regulations. Drone photography is available only where FAA permits use of drone. This may be determined on site or before scheduled shoot is confirmed. If drone is unable to fly due to FAA restrictions no charge will be charged if another photography package is purchased. Drone photography can be purchased as a stand-alone service, however if no other services are ordered or purchased then a partial refund or no refund may be returned to client if drone is unable to fly. This does not include equipment failure. RCRdigital reserves the right to determine appropriate refund on a case by case basis. Weather conditions may affect drone photography and cannot be guaranteed by RCRdigital. If weather or other conditions prohibit drone from leaving the ground RCRdigital reserves the right to determine best course for refund and or reshoot on a case-by-case basis. If drone is inhibited during flight before 10 photos are taken then RCRdigital will determine if a refund or reshoot is the correct resolution. If drone is inhibited after 10 photos have been taken then drone photo shoot will be determined as completed and no refund will be issued or reshoot will be scheduled.
3D Matterport tours
All residential Matterport scans must be purchased with a photography package. RCRdigital does not offer standalone Matterport scans for single family residential properties currently. Once Matterport scans are complete they will be uploaded to RCRdigitalâs Matterport account for processing by Matterport. When Matterport tour is finished processing and invoice is paid in full RCRdigital will send links to you, the client. There will be two links- one link will be non-branded MLS friendly and the second link will be branded with contact info provided by agent/client. These links can be shared or posted to promote the subject and or to promote the agentsâ/clientsâ business. Matterport tours will be hosted for 6 months or until agent/client contacts RCRdigital to remove the tour. Matterport tour can be hosted beyond 6 months for an additional $50 for 3 additional months.
For commercial properties a compatible Matterport account must be provided by the agent/broker.client for RCRdigital to upload Matterport scans to. A compatible account is one that allows contributors and scanned tours created by a Matterport Pro2 camera. RCRdigital will request that a contributor/administrator invitation be sent through Matterport within 24 hours of scheduled photo shoot and Matterport scan. RCRdigital will determine if account is adequate for their purposes. If client fails to provide an invite to their Matterport prior to Matterport scan being done and RCRdigital scans the property and clientâs Matterport account is determined not adequate after scan no refund will be issued or reshoot scheduled. Client will have 14 days from the time scan took place to provide adequate Matterport account to RCRdigital before scan is deleted from RCRdigitalâs iPad. Please see our How It Works page on our website for detailed information on how 3D Matterport tours work through RCRdigital. Commercial properties only may be scanned as a stand-alone services. There will be a minimum of $100 charge and client must have a compatible Matterport account.
All processing for 3D Matterport tours are done by Matterport and cannot be guaranteed by RCRdigital. If you experience an issue with your 3D tour please contact us. We can work with Matterport on your behalf to get the issue resolved. However, Matterport technical support can take a significant amount of time for resolution of issues. In some instances a rescan of the property may be the best course to resolve any issues. You will be charged the same fee as the original scan if it is determined that Matterport caused the issue. If it is in fact an issue with how the property was scanned by RCRdigital a rescan at no charge will be made or a full refund will be issued. Tour will be deleted from account if it is unsatisfactory. No refunds will be issued if issue is determined to be caused by Matterport.Â
If you have any questions donât hesitate to contact us for clarification.
Buyersâ Agent Terms for use of photos
RCRdigital will allow a buyerâs agent to use the photos of a property that was photographed by RCRdigital for the sole purpose of claiming the representation of the buyer of the subject property. Print use is prohibited. Buyer agents may post photos on their personal and company webites and social media accounts. RCRdigital will provide a MLS/Web formatted full set of photos upon request and approval of these terms to buyer agents.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us here:
