Last updated: October 21, 2024

Terms of Use

Please read these Terms of Use ("Agreement") carefully before using Shot in 360 ("us," "we," or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Shot in 360 website and any of its related services.

By accessing or using Shot in 360 in any manner, including, but not limited to, visiting or browsing Shot in 360 or contributing content or other materials to Shot in 360, you agree to be bound by this Agreement.

1. DESCRIPTION OF SERVICES.

1.1. Overview of Services. SHOT IN 360 will provide to Customer the following services (collectively, the “3D Services”) if ordered:‘Capture Services’ is the undertaking of photographing a space using "Panomano" software which belongs to Shot in 360 to produce a 3D virtual tour.

A “Panomano” is a 3D model hosted on the platform of Panomano. (“Panomano”) that includes the following features: Inside mode, Dollhouse mode, Floor Plan mode, Forms, A.I enhancements ,QR codes, Property Description, Address, and Contact Information. It can be shared using a click through URL or embeded code.

1.2. Delivery. Shot in 360 will provide a URL and embed code for the completed in the Panomano Space(s) (which will include access to showreel and VR Experience). Customer understands and agrees that all Panomano Spaces (including associated showreel and VR Experience) are hosted solely on Panomano’s platform, and Customer will not receive any digital assets for Panomano Spaces. 2D images taken from the Panomano Space and any 2D Schematic Floor Plans (if ordered) will be provided by email.

1.3. Hosting Term. Shot in 360 agrees to process and host the created Panomano Space(s) on the Panomano platform for 12 months from date of capture. Hosting after 12 months will continue at a fee of £40 per annum paid in advance.

1.4. Hosting Services. Panomano host all 3D services on a cloud based platform. Customer recognises that the hosting on Panomano servers is out of the control of Shot in 360.

1.5. Service Location Preparation. Customer is required to prepare the Service Location in advance of Capture Services, including without limitation:

● Removing confidential or unwanted items

● Adjusting furniture and/or decor to desired position

● Informing Shot in 360 of any rooms or areas that should be excluded from Capture Services

● Ensuring the Service Location is free of moving persons, pets or objects

Unless otherwise arranged, a Service Location that has not been properly prepared, in Shot in 360"s sole discretion, will be considered unready and the date of Captures Service must be rescheduled. Shot in 360 shall not be responsible for the untidiness of any Service Location or for small alignment issues, mirror, window, glass, and reflective views. Customer shall further ensure that the Service Location is accessible upon the day of Capture Service. Customer or its representative shall be present at the Service Location at the time of the Capture Services to approve Service Provider’s interpretation of the Captures Services to be provided.

2. FEES AND PAYMENT; CANCELLATION AND RESCHEDULING POLICY.

2.1. Fees. Customer agrees to pay Shot in 360 total fees for the 3D Services and Capture Services as agreed during the quote. Such fees will be itemised in a separate invoice provided to Customer.

2.2. Invoice and Payment of Balance Due. Following completion of the Capture Services, Customer shall pay Venue View, via BACS, fees owed within 30 days of invoice date. In the event that Customer fails to pay any amount when due, without limiting any other remedies available, Shot in 360 will have the right to suspend providing the 3D Services to Customer until such overdue amount is received.

2.3. Cancellation and Rescheduling Policy. Cancellation: A minimum of 21 days prior written notice will be required for Customer’s cancellation of this Agreement of the Capture Service date. In the event that Customer cancels this Agreement with less than 21 days notice prior to the agreed upon Capture Service date, Customer will be responsible for full payment of all fees.

Rescheduling: A minimum of 14 days prior written notice will be required for Customer’s rescheduling of this Agreement of the Capture Service date. In the event that Customer reschedules with less than 14 days notice prior to the agreed upon Capture Service date, Customer will be charged a £50 rescheduling fee.

2.4. For capture services of hotels or venues that have bedrooms, if an overnight stay is required the Customer will ensure a bedroom is provided for theShot in 360 photographer without charge. If accommodation cannot be provided without charge then the cost paid by Shot in 360 for the accommodation will be added to the final invoice.

3. PROPRIETARY RIGHTS AND LICENSES.

3.1. Ownership. Shot in 360 and Panomano and its licensors own all right, title and interest (including all associated intellectual property rights) in and to: (a) all 3D Services and any technology embodied therein; and (b) any and all look and feel, improvements, updates, modifications, translations, copies, compilations and derivative works related to any of the foregoing. All rights in the foregoing not expressly granted to Customer are reserved by Shot in 360 and Shot in 360 licensors, and Customer shall make no use of the foregoing except as expressly provided herein. Customer acknowledges that, subject to Section 3.4, Shot in 360 will have the right to use and distribute any 3D services at Shot in 360's sole discretion including the use of them for Shot in 360 promotion, marketing and advertising.

3.2. Venue View License to Customer. Shot in 360 hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to: (a) use and distribute URLs and embed codes linking to the Panomano Space(s) (including any associated showreel and VR Experience) hosted on the Panomano Platform; and (b) to use and distribute any 2D images taken from the Panomano Space and any 2D Schematic Floor Plans (if ordered).

3.3. Restrictions. Upon any expiration or termination of this Agreement, Customer shall immediately cease all use of the 3D Services and delete all copies of the 3D Services (an content or data derived from the 3D Services) in Customer’s possession or under Customer’s control. Customer shall not: (i) disable or modify any hyperlinks contained in any 3D Services; (ii) alter, remove or destroy any attribution, proprietary markings (e.g., copyright and trademark markings) or confidential legends placed upon or contained within the 3D Services; (iii) decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of any software underlying the 3D Services; (iv) distribute, in conjunction with any 3D Services, any content that contains or promotes fraudulent, deceptive or illegal activities, pornography, excessive violence, “hate speech”, malicious code or deceptive advertising; (v) access or use any API provided by Panomano without the prior written authorisation of Panomano, or otherwise access Panomano Spaces (and any portion thereof) through any means other than available end-user functionality; or (vi) modify or create any derivative work based on the 3D Services (or any component thereof).

3.4. Takedown Service. Customer can request at any time that Venue View Ltd designate any Panomano Space and other hosted 3D Services as public or private. Any Panomano Space or other hosted 3D Service designated as private will be un-accessible and un-viewable by the public. Shot in 360 will promptly comply with such request.

4. OUR MONEY BACK GUARANTEE

4.1. Customer must notify Shot in 360 in writing within 14 days of receiving their final products that they are not happy with their tour and would like a refund.

4.2. Any refund will be 100% of the tour cost excluding travel or accommodation costs.

4.3. Any refund granted will immediately result in the Customers 3D tour being disabled and therefore will be un-accessible and un-usable by the Customer.

4.4. Any refund granted will immediately cease any agreement for additional products and services that were part of the Shot in 360 package.

4.5. All products associated from the 3D tour such as photographs or videos will remain the property of Shot in 360 who will continue to hold the copyright.

4.6. Customer will not be able to use any products, imagery or video created from the 3D tour once the refund has been granted.

4.7. Refunds will be provided within 30 days.

4.8. Shot in 360 reserves the right to terminate, amend or extend this offer at any time.

4.9. Shot in 360’s decision is final, no subsequent correspondence will be entered into.

5. WARRANTY; DISCLAIMER.

Shot in 360 represents that it shall perform its obligations under this Agreement in a timely and workmanlike manner, consistent with generally acceptable industry standards. In the event of any breach of the foregoing warranty, as Customer’s sole and exclusive remedy, Shot in 360 shall use commercially reasonable efforts to re-perform its obligations promptly in a manner that cures such breach. EXCEPT FOR THE FOREGOING WARRANTY, THE 3D SERVICES AND CAPTURE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. Shot in 360 DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE 3D SERVICES AND CAPTURE SERVICES. Shot in 360 DOES NOT REPRESENT OR WARRANT THAT 3D SERVICES OR CAPTURE SERVICES WILL MEET CUSTOMER’S NEEDS OR REQUIREMENTS, THAT THE 3D SERVICES AND CAPTURE SERVICES WILL BE ACCURATE OR RELIABLE, THAT USE OF THE 3D SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY DEFECTS IN THE 3D SERVICES WILL BE CORRECTED. IN ADDITION, SHOT IN 360 MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING: (A) THE APPROPRIATENESS OF THE 3D SERVICES FOR USE IN FOREIGN JURISDICTIONS; OR (B) THE TIMING OF 3D SERVICES PROVIDED TO CUSTOMER.

Intellectual Property

Shot in 360 and its original content, features, and functionality are owned by shot in 360 & virtual advertising and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Termination

We may terminate your access to Shot in 360, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links to Other Websites

Our website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Shot in 360 has no control over the legal documents and privacy practices of third-party websites. As such, you access any such third-party websites at your own risk.

Changes to This Agreement

We reserve the right to modify this Agreement at any time. You should check this Agreement periodically for changes. By using Shot in 360 after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them.