Terms and Conditions

Last updated: December 18, 2021

Please read these terms and conditions carefully before using Our Service.

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), or Rick Rowland (content creator); 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 36 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 24 hours of photo shoot. Failure to disclose access information within 24 hours of photo shoot may result in cancellation of photography services.

During the Photo Shoot

Property is expected to be photo ready at the time of the shoot. The property must be free of any activity such as, business operations, cleaning, moving items, and any other activity that may disrupt photo shoot. If there is disruptive activity taking place within the property then photo shoot may be aborted.

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 proof sheet 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 PDF format showing thumbnail images of the photos to be delivered. The client will be able to approve for photos for color correctness, property coverage, composition, and lighting. A Pay Pal invoice will be sent at the same time the proofs are sent via email. 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. Client will receive 2 links to download photos. 1 link will be be a ZIP file containing a full set of photos as seen on the proof sheet 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 8.5”x11”. 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 RCRdigital’s buyer agents’ 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. 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 3D Matterport tours must be purchased with a photography package. To purchase a 3D Matterport tour the client must have a compatible account with Matterport. 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 48 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 client’s 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 RCRdigital’s 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.

Buyers’ Agent Terms for use of photos

RCRdigital will allow a buyer’s 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 must adhere to MLS rules and regulations when using any photography produced by RCRdigital. Any violation of local MLS rules and regulations while using any photo produced by RCRdigital is a violation of RCRdigital’s terms and conditions. This may warrant legal action depending on thje severity of the violation.

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:

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