Our Terms, Conditions & Privacy Policy -  Updated: 24/2/2011
 
By placing an order with us, you agree to the following:
 
VIRTUAL TOUR PHOTOGRAPHY
 
1. Clients of DownTownPhotos.ca are responsible for the following when a property is to
be photographed:
 
    * Ensuring the property is made available and provide our photographers, on our
behalf, any and all necessary rights and access required for all areas of the property that
will be shot in order to fulfill your ordered tour.
    * Ensuring the property is photo ready and clean.
    * If the property is not ready for photography, agent may choose to cancel photography
appointment and/or reschedule. However, 24 hours notice to the photographer is required
otherwise a re-shoot or not ready fee may apply.
    * If the photographer arrives at the property and it is untidy, the photographer will not
declare the property not photo ready, but will shoot the property.
    * If the client is not pleased with the photos, as a result of the property not being ready
for the photography appointment, and would like to have the property re-shot, re-shoot
fees will apply, as well as, any other additional charges required for the re-shoot i.e.
Travel costs.
 
2. In the event the photographs do not meet our standards of quality and professionalism,
we will re-shoot the property at no charge to you. If however, you request additional
photographs for seasonal changes, or night shoots, or just additional images, then
additional fees will apply.
 
3. An additional drive charge fee will apply for orders outside our regular marketing
areas. Please contact us at info@downtownphotos.ca or call 416-725-4250 for further
information on areas that may be outside of the normal coverage area.
 
INTERNET CONTENT TERMS
 
4. All images displayed on the internet are the property of DownTownPhotos.ca. Clients
of DownTownPhotos.ca have unlimited rights to use the photos taken for their tours as
they see fit.
 
5. Properties that are photographed will be uploaded to our servers and can accessed by
the public. Your name and contact information is attached to these tours and may also be
displayed online.
 
6. DownTownPhotos.ca may send your Tour links to other real estate portals and
websites (i.e. Yahoo, HomeSeekers, etc.) for increased exposure. At your request, we will
not send your Tour links to 3rd party companies. We do not guarantee the accuracy,
availability or content from other 3rd party websites.

7. DownTownPhotos.ca is not responsible in the event other 3rd party websites cannot
provide the necessary data feeds, links or uploads. For example: missing MLS feeds or
Realtor.com uploads.
 
8. In order to maintain the highest possible level of quality for information posted to our
servers, we reserve the right to modify, edit, remove or decline to activate any
photographs of the property in the event that they do not meet our level of quality
standards.  We encourage you to update your Tours with the correct and most recent
information you have available and disable the tour from our website once it has sold.
 
9. You are granted a limited, nonexclusive right to create a "hypertext" link to this site or
any property on this Site as long is it does not portray DownTownPhotos.ca or any of its
other products or services in a false, misleading, derogatory, or otherwise defamatory
manner. This limited right may be revoked at any time for any reason whatsoever. Any
links to third party sites on this Site are provided solely as a convenience to you. If you
use these links, you may leave DownTownPhotos.ca. DownTownPhotos.ca has not
reviewed all of these third party sites and does not control, nor is not responsible for any
of these sites or their content. DownTownPhotos.ca does not endorse or make any
representations about third party sites or any information, software or other products or
materials found there, or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this Site, you do so entirely at your own
risk.
 
10. Online maps (street, aerial, neighborhood, etc.) are available to each property for the
general public. Please contact us at info@downtownphotos.ca or call 416-725-4250 to
remove any of our mapping features on your listings. We do not guarantee the accuracy
of these maps, as they are provided by 3rd party companies.
 
LIABILITY AND WARRANTY DISCLAIMER
 
11. DownTownPhotos.ca makes no representations about the suitability of the data or
graphics published on this site. The information listed on this site is deemed reliable, but
not guaranteed. Everything on this site is provided "As Is" without warranty of any kind
including all implied warranties and conditions of merchantability, fitness for a particular
purpose, title and non-infringement. Neither DownTownPhotos.ca nor any of its suppliers
shall be liable for any direct, incidental, consequential, indirect or punitive damages
arising out of your access to or use of this site.
 
ACCOUNT PAYMENT
 
12. Payment must be received at the time of order, or service will not be performed,
unless terms have been extended by contract prior to the time of order.
 
13. DownTownPhotos.ca will bill your credit card at the time of order for all charges and
services provided, unless other arrangements are agreed to in writing.  

14. Your credit card may be charged again after you place an order for additional fees
due to local market conditions or if you decide to later upgrade the tour. Examples of
additional fees include travel fees, no show fees, and not ready fees.
 
15. The tour can be hosted for the life of the listing or 12 months whichever comes first.
After one year, you will have the option to renew your tours for an additional fee.
 
16. If the tour is not fulfilled by DownTownPhotos.ca, or you choose to cancel your
order, the amount paid to us will be credited to your account for future services, less any
cancellation fees that may apply.
 
17. If you accept an assignment of photographs from another listing agent and want us to
transfer those images, a fee will apply.
 
18. All prices, fees and extra charges are subject to change without notice and are quoted
in Canadian funds unless otherwise noted.
 
19. Credits posted to your account are to be used to pay for future purchases, fees or any
extra charges and will be applied to the next following transaction. All unused credits
will automatically expire after 8 months from the date of last transaction without any
further notice.
 
20. In the event legal action is necessary to collect on balances due, you agree to
reimburse DownTownPhotos.ca for all expenses incurred to recover sums due, including
attorney's fees and other legal or collection expenses.
 
PRIVACY / SECURITY
 
21. Where applicable, this website uses high Internet standards of secure data encryption
for all online transactions.
 
22. This website uses Internet technology like 'cookies' and/or session variables to store
your login information as you move throughout the website. It's strongly suggested that
you logout of your account after each session, if you are using a public computer.
 
23. We may share your personal information (excluding credit card or other financial
information) with other companies with whom we have joint marketing or advertising
agreements, or with whom we jointly offer home or moving services. These companies
are required to maintain the same level of security and privacy as we maintain. However,
when you are visiting their web site you are subject to their privacy policy.
 
GENERAL INFORMATION
 
24. Independently contracted representatives provide some or all services.
DownTownPhotos.ca, nor it's independently contracted service distributors
are not liable for any negligence, damages, or any wrongdoing on the part of
the independent service representatives.
 
25. DownTownPhotos.ca, nor its independently contracted distributors, is not responsible
for damages, delays or failures in performance resulting from acts or occurrences beyond
our reasonable control such as acts of God, weather, or other uncontrollable conditions
that prohibit services from being rendered as promised. (Hurricanes, Tornadoes,
Earthquakes, Acts of Terrorism, etc.)
 
26. The terms and conditions are the sole understanding between DownTownPhotos.ca
and the client.
 
27. No other terms or conditions apply unless specified by contract.
 
28. These terms and conditions may be revised from time to time. Please check this
document frequently for changes.
 
 
PRIVACY POLICY
 
We have created this privacy statement in order to demonstrate our firm and continuing
commitment to the privacy of personal information provided by those visiting and
interacting with this web site. We hold the privacy of your personal information in the
highest regard. The following discloses our information gathering and dissemination
practices for this website.

We recognize the importance of protecting your privacy and our policy is designed to
assist you in understanding how we collect, use and safeguard the personal information
you provide to us and to assist you in making informed decisions when using our site.
This policy will be continuously assessed against new technologies, business practices
and our customers' needs.

What Information Do We Collect? When you visit this web site you may provide us with
two types of information: personal information you knowingly choose to disclose that is
collected on an individual basis and Web site use information collected on an aggregate
basis as you and others browse our Web site.
 
1. Personal Information You Choose to Provide
 
Registration Information

When you register for any of our products, services or newsletters you will provide us
information about yourself.
 Credit Card Information If you choose to avail yourself of our services, you may need to give
personal information and authorization to obtain information from various credit services.
For example, you may need to provide the following information:
-Name
-Mailing address
-Email address
-Credit card number
-Name on credit card
-Credit card billing address
-Business and home phone number
 
Email Information
 
If you choose to correspond with us through email, we may retain the content of your
email messages together with your email address and our responses. We provide the same
protections for these electronic communications that we employ in the maintenance of
information received by mail and telephone.
 
2. Web Site Use Information
 
Similar to other commercial Web sites, our Web site can utilize a standard technology
called "cookies" (see explanation below, "What Are Cookies?") and web server log files
to collect information about how our Web site is used. Information gathered through
cookies and Web server logs may include the date and time of visits, the pages viewed,
time spent at our Web site, and the Web sites visited just before and just after our Web
site.
 
How Do We Use the Information That You Provide to Us?
 
Broadly speaking, we use personal information for purposes of administering our
business activities, providing the products and services you requested, to process your
payment, , to monitor the use of the service, our marketing and promotional efforts and
improve our content and service offerings, and customize our site's content, layout,
services and for other lawful purposes. These uses improve our site and better tailor it to
meet your needs.
 
Furthermore, such information may be shared with others on an aggregate basis.
Personally identifiable information or business information will not be shared with
parties except as required by law.
 
Occasionally, we may also use the information we collect to notify you about important
changes to our Website, new services, and special offers we think you will find valuable.
You may notify us at any time if you do not wish to receive these offers by emailing us at
the link provided on the newsletter.
 
What Are Cookies?  

A cookie is a very small text document, which often includes an anonymous unique
identifier. When you visit a Web site, that site's computer asks your computer for
permission to store this file in a part of your hard drive specifically designated for
cookies. Each Web site can send its own cookie to your browser if your browser's
preferences allow it, but (to protect your privacy) your browser only permits a Web site
to access the cookies it has already sent to you, not the cookies sent to you by other sites.
Browsers are usually set to accept cookies. However, if you would prefer not to receive
cookies, you may alter the configuration of your browser to refuse cookies. If you choose
to have your browser refuse cookies, it is possible that some areas of our site will not
function as effectively when viewed by the users. A cookie cannot retrieve any other data
from your hard drive or pass on computer viruses.
 
How Do We Use Information We Collect from Cookies?
 
As you visit and browse our Web site, the site uses cookies to differentiate you from
other users. In some cases, we also use cookies to prevent you from having to log in more
than is necessary for security. Cookies, in conjunction with our Web server's log files,
allow us to calculate the aggregate number of people visiting our Web site and which
parts of the site are most popular. This helps us gather feedback to constantly improve
our Web site and better serve our clients. Cookies do not allow us to gather any personal
information about you and we do not intentionally store any personal information that
your browser provided to us in your cookies.
 
IP Addresses
 
IP addresses are used by your computer every time you are connected to the Internet.
Your IP address is a number that is used by computers on the network to identify your
computer. IP addresses are automatically collected by our web server as part of
demographic and profile data known as traffic data so that data (such as the Web pages
you request) can be sent to you.
 
Sharing and Selling Information
 
We do not share, sell, lend or lease any of the information that uniquely identify a
subscriber (such as email addresses or personal details) with anyone except to the extent
it is necessary to process transactions or provide services that you have requested.
 
How Can You Access and Correct Your Information?
 
You may request access to all your personally identifiable information that we collect
online and maintain in our database by emailing us at the usual address.

What About Legally Compelled Disclosure of Information?

We may disclose information when legally compelled to do so, in other words, when we,
in good faith, believe that the law requires it or for the protection of our legal rights. We
may also disclose account information when we have reason to believe that disclosing
this information is necessary to identify, contact or bring legal action against someone
who may be violating our Terms of Service or to protect the safety of our users and the
Public.
 
What About Other Web Sites Linked to Our Web Site?
 
We are not responsible for the practices employed by Web sites linked to or from our
Web site or the information or content contained therein. Often links to other Web sites
are provided solely as pointers to information on topics that may be useful to the users of
our Web site.
 
Please remember that when you use a link to go from our Website to another web site,
our Privacy Policy is no longer in effect. Your browsing and interaction on any other web
site, including web sites, which have a link on our Website, is subject to that Web site's
own rules and policies. Please read over those rules and policies before proceeding.
 
Your Consent
 
By using our Web site you consent to our collection and use of your personal information
as described in this Privacy Policy. We reserve the right to amend this privacy policy at
any time with or without notice.
 
Our Commitment To Data Security:
 
Please note that your information will be stored and processed on our computers in
Canada. The laws on holding personal data in Canada may be less stringent than the laws
of your Country of residence or citizenship. To prevent unauthorized access, maintain
data accuracy, and ensure the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and secure the information
we collect online.
 
Choice/Opt-In/Opt-Out
 
Where applicable, this site allows visitors to unsubscribe so that they will not receive
future messages. After unsubscribing we will discontinue sending the particular messages
as soon as technically feasible.
 
Surveys & Contests
 
From time-to-time our site may request information from users via surveys or contests.
Participation in these surveys or contests is completely voluntary and the user therefore
has a choice whether or not to disclose this information. Information requested may
include contact information (such as name and shipping address), and demographic information

A Special Note About Children
 
Children are not eligible to use our services unsupervised and we ask that children (under
the age of 18) do not submit any personal information to us. If you are a minor, you can
use this service only in conjunction with permission and guidance from your parents or
guardians.
 
Acquisition or Changes in Ownership
 
In the event that the web site (or a substantial portion of its assets) is acquired, your
information would be considered part of those assets, and may be part of those assets that
are transferred.
 
Policy Modifications
 
We may change this Privacy Policy from time to time. If/when changes are made to this
privacy policy, we will email users who have given us permission to do so. We will post
any changes here, so be sure to check back periodically. However, please be assured that
if the Privacy Policy changes in the future, we will not use the personal information you
have submitted to us under this Privacy Policy in a manner that is materially inconsistent
with this Privacy Policy, without your prior consent.