OneLook Productions | Terms of Service

Real Estate Scheduling & Payment

Rescheduling Fees:

24-48 Hours Notice: No Fee

Less than 24 Hours Notice: $150

On-Site Rescheduling: $300

Cancellation Fees:

24-48 Hours Notice: $150

Less than 24 Hours Notice: $300

On-Site Cancellation: Full Payment Required

On-Site Delay Fees

$50/hr (billed in 30 minute increments)

Late Payment Fees

Payment is due upon delivery of content. Invoices not paid within terms are subject to a 2.50% monthly (30% per annum) finance charge. Please review your account carefully to ensure all payments are up to date. If you have any questions or concerns, please contact us as soon as possible. We kindly ask that you arrange payment right away to avoid these charges.

**By scheduling through our portal, phone or email, you agree to the terms above and below.

Pricing Notice:

Pricing is for Real Estate Professionals only with a limited length MLS usage license based on expected volume of transactions by loyal clientele. Please inquire for full commercial usage rates or non-real estate projects. HST is not included in any pricing and is charged in addition to any base rates. In the event of any discrepancy, the pricing on the booking platform shall be taken as the most up-to-date and accurate information. Pricing subject to change without notice.

Real Estate/Corporate Photography & Video

Copyright Notice:

OneLook Productions Inc. owns the copyrights to all photographs, 3D scans, video and any other content captured by or createdby our company. OneLook Productions Inc. reserves the right to use any and all footage or photographs captured on our ownwebsite, social media channels, print media, T.V. or other publication for promotional purposes and advertising. Generic stock shotsmay also be re-licensed out to third-parties. Images should not be edited, but can be cropped for fitting a variety of digital and printdesigns. Please contact us directly if an alternate edit is required. OneLook does not provide RAW files under any circumstance.

OneLook Productions Inc. extends a non-transferable limited commercial usage license to you as the client for advertising your listing on MLS® & its syndicates as well as your website and social media for the length of the listing. Content may not be shared or re-sold to others for commercial usage (This includes other agents, stagers, STA owners & builders). If any parties are interested in re-licensing any part of the content created, they should be referred to OneLook Productions to purchase a separate usage license. Agents taking over a previous listing may NOT use the content without express permission from the previous agent and payment for usage to OneLook Productions. This applies whether the content was accessed via MLS® syndicates, homeowners or otherwise. Photos/Video by OneLook Productions (and photographer’s name, if known) is required for any publication usage.

We vigorously protect our copyright interests. In the event that an infringement is discovered you will be notified for unauthorized usage and/or prosecuted for Copyright Infringement (Copyright Act (R.S.C., 1985, c. C-42, s. 32.2(1)(f )) in a Canadian court.

Matterport 3D Tours

Term

Unless expressed otherwise, Real Estate Tours will be hosted at no charge until the listing is no longer active. If you need to re-activate a listing, there is a $25/tour reactivation fee. Anything hosted after a period of 1 year shall be charged at the rate of $100.00/year. Commercial Tours include hosting for 1 year after which they can be hosted at the rate of $150.00/year. Failure to make prompt payment for hosting fees will result in the removal of the applicable tour.

Ownership

Service Provider 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 Service Provider and Service Provider’s licensors, and Customer shall make no use of the foregoing except as expressly provided herein. Customer acknowledges that Service Provider will have the right to use and distribute any 3D services in Service Provider’s sole discretion.

Service Provider License to Customer

Service Provider hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license, during the Term, to: (a) use and distribute URLs and embed codes linking to the Matterport Space(s)(including any associated Guided Tours and CoreVR Experience, if ordered) hosted on the Matterport Platform; and (b) to use and distribute Matterport Snapshots and Matterport 2D Schematic Floor Plans(if ordered)

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 (and 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 Matterport without the prior written authorization of Matterport, or otherwise access Matterport 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).

Takedown Service

During the Term, Customer can request at any time that Service Provider designate any Matterport Space and other hosted 3D Services as public or private. Any Matterport Space or other hosted 3D Service designated as private will be un-accessible and unviewable by the public. Service Provider will promptly comply with such request.

NO AFFILIATION WITH MATTERPORT

Customer acknowledges that:(a)Service Provider is an independent provider of the Capture Services and is not a contractor, employee or agent of Matterport; and (b)Service Provider is making the 3D Services available to Customer under a license between Matterport and Service Provider.

WARRANTY; DISCLAIMER.

Service Provider 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, Service Provider 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. SERVICE PROVIDER DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE,NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE 3D SERVICES AND CAPTURE SERVICES. SERVICE PROVIDER 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, SERVICE PROVIDER 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. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to Customer. Nothing in this Agreement disclaims any implied warranty that cannot be disclaimed under applicable law.

INDEMNIFICATION.

Customer, at Customer’s own expense, will indemnify, defend and hold harmless Service Provider, its corporate affiliates and licensors, and their respective officers, directors, employees, representatives and agents (each a “Service Provider Indemnitee”) from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees) arising therefrom (each a “Claim”), brought by any third party against a Service Provider Indemnitee to the extent that such Claim is based on, or arises out of: (a) a breach, or potential breach, of any of Customer’s obligations under this Agreement; (b)Customer’s use of the 3D Services; (c)any allegation that Customer has not obtained all consents, approvals, licenses, and permissions necessary for Customer, Service Provider or their respective subcontractors, as applicable, to have access to a Service Location captured in any 3D Service and/or to capture and use imagery of such Service Location; or (d) any alleged or actual fraud, gross negligence or willful misconduct of Customer or Customer’s subcontractors or agents. In the event of a claim in respect of which a Service Provider Indemnitee seeks indemnification from Customer under this Section, the Service Provider Indemnitee will promptly notify Customer in writing of the claim, cooperate with Customer indefending or settling the claim at Customer’s expense, and allow Customer to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that Customer shall not settle any claim unless such settlement completely and forever releases the Service Provider Indemnitee from all liability with respect to such claim or unless the Service Provider Indemnitee consents to such settlement in writing.

LIMITATION OF LIABILITY

EXCEPT IN CONNECTION WITH EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, CUSTOMER’S BREACH OF SECTION 3, OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, ITS AFFILIATES OR LICENSORS SHALL BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES; AND (b) IN NO EVENT SHALL THE TOTAL LIABILITY OF EITHER PARTY, ITS AFFILIATES OR ITS LICENSORS UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO SERVICE PROVIDER HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. NEITHER SERVICE PROVIDER NOR MATTERPORT SHALL BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL OR CONFIDENTIAL INFORMATION CAPTURED OR DISPLAYED IN ANY 3D SERVICE. CUSTOMER IS RESPONSIBLE FOR PREPARATION OF EACH SERVICE LOCATION, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY OBJECTS OR PEOPLE DISPLAYED IN ANY 3D SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.