Terms & Conditions of Service

All orders for, and use of, the digital photography and virtual tour services provided by B9Media Limited ("B9MEDIA") are subject to the following Terms and Conditions of Service (the "Terms and Conditions").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE UTILIZING THE SERVICES DESCRIBED BELOW. YOUR USE OF THESE SERVICES CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.

Digital Photography Virtual Tour Services
B9MEDIA will coordinate the digital photography and/or filming of designated property listings through an individual with whom B9MEDIA has entered into an agreement to capture images of designated sites, or locations, on B9MEDIA's behalf ("Photographer").
B9MEDIA will convert each photographed or filmed room, or scene, into one digital photo file and/or one virtual tour ("Virtual Tour"), which B9MEDIA will make available for linking and to the client’s Web Site.
B9MEDIA reserves the right to host all digital photography, Virtual Tours, related products, and digital photography and/or Virtual Tour viewers on our web servers.
B9Media provides the client with the URL (unique web address), via e-mail, of the digital photos, Virtual Tours or related products that they purchase for linking to their Web site(s).
B9MEDIA reserves the right to charge additional fees for services that require B9MEDIA to automate posting, or to post a client’s URL links to additional, or multiple, Web sites. Clients may post the URL’s provided by B9MEDIA to as many Web sites as they desire.
For an additional fee B9MEDIA will provide an email virtual tour, which is a self-extracting file, requiring a plug-in (QuickTime, or other), that displays digital photos, or a Virtual Tour, and that can be attached to an email and sent to any number of recipients ("Email Virtual Tour").
Digital photos, Virtual Tours and related products will be hosted for the life of the property listing, provided, however, that any digital photo, Virtual Tour or related product has not being viewed during any thirty-day period after the initial six months of hosting will be archived.
Within 24-72 hours of filming we will post all digital photos and/or virtual tours to our web servers and send the client the URL (unique web address) that allows them to link to their digital photo(s) or virtual tour(s).

Client Obligations
Fully complete, and submit, the B9MEDIA Digital Photography and Virtual Tour Order Form (fax back, or online version) entering all information thereon.
Paying for any, and all, B9MEDIA digital photo shoots, Virtual Tours, or other related products ordered via a major credit card (Visa, MasterCard, American Express, Discover Card).
Be present (or have the owner present) at the property location throughout the actual digital photo shoot, or the filming of the Virtual Tours.
Prepare the property listing for the photo shoot, or filming, prior to the Photographer’s arrival. Advise the builder, property owner or homeowner to clean the property and remove valuable personal effects from the rooms that will be photographed, or filmed so that they do not appear in the digital photos or Virtual Tours.
Provide B9MEDIA with the Web site address(es) that your digital photos and/or Virtual Tours will appear on.
Client is responsible for managing and maintaining their own Web sites, including but not limited to: posting the digital photo and Virtual Tour URL links provided to them by B9MEDIA; entering and maintaining any and all property information that may appear on their Web sites; displaying any property information that may be associated with digital photos or Virtual Tours provided by B9MEDIA; etc.
As part of its service B9Media provides a standard "viewer", and a standard image size and quality, for its virtual tours. Customized viewers, larger image sizes and qualities can be provided for an additional cost, and will be quoted at the client’s request.

Fees, Payments and Cancellations
The current schedule of fees for B9MEDIA's digital photography, Virtual Tour and related services, is available on the front of this form and at www.b9media.com/virtualtours/pricing.html ,and is subject to change by reposting of any revisions to the above B9MEDIA Web site address. All revisions shall be effective immediately upon posting.
All B9MEDIA digital photo shoots, Virtual Tours, or other related products must be paid for by a major credit card (Visa, MasterCard, American Express, Discover Card).
Additional digital photos or Virtual Tours of rooms, or scenes, may be added to the standard packages offered for an additional fee per room, or scene.
Linking or posting to additional Web sites by B9MEDIA, on behalf of the client, is available for an additional fee, per site. Each request for this service must be evaluated and quoted on an individual basis.
All digital photo shoots, Virtual Tours, or related products are designed to be sold for a single location, or address. Additional fees will apply for shooting digital photos, or filming Virtual Tours at different locations.
All pre-purchases of B9MEDIA digital photo shoots, Virtual Tours, or other related products are valid for one year from the date of purchase. If the digital photo shoots, Virtual Tours, or other related products are not used during this time they will expire and be deemed forfeited.
To avoid being charged a cancellation fee, you must provide notice of cancellation to your appointed Photographer, and B9MEDIA, at least 24-hours prior to your scheduled shoot and/or filming appointment.
If you miss an appointment for a scheduled digital photo shoot, or filming of a virtual tour, you will be charged a cancellation fee.
Cancellation fees charged will vary depending on the products or services ordered. For Residential Real Estate shoots $20.00; for Commercial Real Estate shoots $50.00; for General shoots 20% of the half-day or full-day rate.
Once digital photos, Virtual Tours, or related products have been posted or linked, they can only be deleted, replaced or re-linked for an additional fee of $20.00.
Digital photos, or Virtual Tours, of an expired property listing, that have been archived, may only be reactivated at the request of the client for an additional fee of $20.00, provided that that client still represents the property listing.
If you desire to add any new scenes to an existing, or archived, digital photo shoot or Virtual Tour filming, then the new digital photo shoot, or Virtual Tour filming, must be redone as a new order.
If a client’s credit card is not verified for a purchase B9Media will contact the client and request an alternate credit card for payment. A client's credit card must be approved and verified prior to B9MEDIA’s acceptance of an order.
B9Media reserves the right to make any and all final decisions regarding disputes over payment of fees, product quality and delivery.

Technology (Hardware, Software and Processes)
All B9MEDIA Technology (defined below) is and at all times will remain, the exclusive property of B9MEDIA and its licensors, and no provision of the Terms and Conditions implies any transfer to you of any ownership interest in any B9MEDIA Technology. The term "B9MEDIA Technology" means software and hardware, including the self-extracting and viewing technologies incorporated into the Email Virtual Tours, and software and hardware used to capture, process, host, distribute, and view/display (Java™, Apple QuickTime ®, etc.) digital photos and Virtual Tours.
B9MEDIA hereby grants to you a nonexclusive, worldwide, royalty-free license to use the B9MEDIA Technology subject to these Terms and Conditions, in object code only, to display digital photos and Virtual Tours. You may not modify the B9MEDIA Technology or disable any licensing or control features of the B9MEDIA Technology without the prior permission of B9MEDIA.
The B9MEDIA ®Technology is owned and copyrighted by B9MEDIA, or its licensors. The license granted hereunder confers no title to, nor ownership in, the B9MEDIA Technology, or any licensors technology, and is not a sale of any rights in the B9MEDIA ®Technology or any of B9MEDIA’s licensed technology.
You may only make copies of the B9MEDIA ®Technology for archival purposes or when redistributing an Email Virtual Tour as a whole. You must reproduce all copyright notices in the original B9MEDIA ®Technology on all copies. Any transfer or copying of the B9MEDIA ®Technology by you other than as expressly provided herein constitutes a material breach of these Terms and Conditions.
You may not tamper with or alter in any way the image displayed when loading each digital photo or Virtual Tour ("B9MEDIA Splash Screen"), and you shall not hinder the B9MEDIA ®Splash Screen from being fully visible upon loading of each digital photo or Virtual Tour. You will not obstruct in any way the B9MEDIA ®Splash Screen and/or screen logo with any other images, frames, tables, or other HTML, JavaScript, or other code.
You will not disassemble or decompile the B9MEDIA ®Technology including single Java class files under any circumstances. The disassembly or decryption by you of any Java class file constitutes a material breach of these Terms and Conditions.
You will not export or re-export the B9MEDIA ®Technology or any copy or adaptation in violation of any applicable laws or regulations.
The B9MEDIA ®Technology and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent existing or superseding agency regulation or contract clause), whichever is applicable. You have only those rights provided for such B9MEDIA ®Technology and any accompanying documentation by the applicable FAR or DFARS clause or agreement between you and B9MEDIA.

Limited Warranty
B9MEDIA warrants that, for a period of six (6) months from the date of your order, the digital photos, Virtual Tours, or related products will open and display properly; provided, however, that B9MEDIA does not warrant (a) the quality or proper functioning of systems of any third party hosting or displaying links to any digital photos, Virtual Tours or corresponding MLS listing(s); (b) the quality or proper functioning of digital photos, or Virtual Tours viewed by any means other than proprietary viewing software developed, served via web server, or distributed by B9MEDIA; (c) the clarity or lighting of digital photos or Virtual Tours; or (d) that linking and functioning of each digital photo or Virtual Tour will be uninterrupted or secure. B9MEDIA's sole liability for any breach of this warranty shall be to use commercially reasonable efforts to correct the digital photo or Virtual Tour or the link to the Web site or sites, solely to the extent such correction is practicable and within the control of B9MEDIA. B9MEDIA will be obligated to honor this warranty only if you inform B9MEDIA of your problem with the digital photo or Virtual Tour products during the applicable warranty period and provide evidence of the date you ordered the digital photos or Virtual Tours from B9MEDIA.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, B9MEDIA PROVIDES ALL PRODUCTS AND SERVICES ON AN "AS IS" BASIS. B9MEDIA MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND B9MEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL B9MEDIA, ITS PHOTOGRAPHERS, PARTIES WITH WHICH B9MEDIA HAS ENTERED INTO STRATEGIC ALLIANCES ("ALLIANCE PARTNERS"), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOSS OF GOODWILL; DEFAMATION; INVASION OF PRIVACY; TRESPASS TO REAL PROPERTY OR CHATTELS; LOSS OF BUSINESS OPPORTUNITY, SALE OR PROFITS; COMPUTER FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL B9MEDIA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT B9MEDIA RECEIVED FROM YOU FOR ITS PRODUCTS AND SERVICES, EVEN IF B9MEDIA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless B9MEDIA, its Photographers, Alliance Partners, licensors, and their respective officers, directors, agents, employees, successors, and permitted assigns from and against any and all losses, claims, suits, proceedings, liabilities, expenses (including reasonable attorneys' fees and expenses), causes of action, damages, and costs arising out of or in connection with (a) your failure to comply with any term or condition set forth herein or (b) any claim of trespass, defamation, invasion of privacy, or similar claim based on the B9MEDIA provision of goods and/or services ordered by you.

Miscellaneous
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN AND NOT THOSE IN YOUR PURCHASE ORDER, AND ANY CONFLICTING OR ADDITIONAL TERMS SET FORTH IN YOUR PURCHASE ORDER ARE HEREBY REJECTED.
If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
These Terms and Conditions shall be governed by Ohio law (except for conflict of law provisions).
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
B9MEDIA may revise these Terms and Conditions at any time by updating and posting any such revisions on its Web site(s), revisions shall be effective immediately upon posting.

*All virtual tours and still photography services are available only within a 50 mile radius of Toledo, Ohio. All others please call or email for pricing.*