Terms of Service

  1. Background. This Agreement is between TrustedPhotoAmerica (the “Service Provider”) and the business whose premises are being photographed for Google Maps Street View (the “Business”).
  2. Google Maps Street View. Service Provider is an independent contractor and neither the Service Provider nor any of its personnel are a Google employee or agent, but Service Provider is authorized under Google Maps Street View to provide photography services to local businesses that desire to participate in Google Street View.
  3. Service Fee Payment. Service Provider and Business will agree on an amount for the Google Maps Street View and related services (“Service Fee”), and the Business will pay the Service Fee before Service Provider takes the Photographs, less any deposit (as defined in Section 4 below).
  4. Services. In exchange for the Service Fee:
    1. Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Street View (the “Photographs”);
    2. Service Provider will use commercially reasonable efforts to ensure that the Photographs meet Google Maps Street View technical specifications;
    3. Service Provider will upload the Photographs to Google for processing and use in accordance with Section 5 below.
    4. Service Provider may provide additional services as outlined in a master sales agreement.
  5. Terms Governing the Uploading, Processing, and Use of Photographs.
    1. Google Terms of Service.  Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at www.google.com/intl/en/policies/terms (along with relevant Additional Terms, as set forth at https://www.google.com/intl/en-US/streetview/privacy/ or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
    2. Authorization to Upload Photographs to Google for Google’s Use. Business hereby authorizes Service Provider to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.
  6. License to Business. Service Provider grants Business a nonexclusive license to use images created under this Agreement.
  7. Time and Date of Services. Upon agreement, Service Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 8 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services.
  8. Refunds. Service Provider will refund all prepaid Service Fees to the Business (but will have no further liability with respect to the Agreement) if Google rejects the Photographs for failure to meet the Google Maps Street View technical specifications and Service Provider does not correct the failure after re-photographing the Business at a mutually-agreed upon time.
  9. Insurance. Service Provider will carry comprehensive general liability insurance coverage for Service Provider’s activities on the Business’ premises.
  10. Confidentiality. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) Google; (b) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to Service Provider.
  11. No Warranties. IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE PHOTOGRAPHS WILL ULTIMATELY BE DISPLAYED BY GOOGLE.
  12. Limitations on Liability.
    1. EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE.
    2. GOOGLE’S USE OF THE PHOTOGRAPHS IS GOVERNED SOLELY BY THE GOOGLE TERMS OF SERVICE IN ACCORDANCE WITH SECTION 5 ABOVE. IN NO EVENT WILL GOOGLE BE LIABLE TO EITHER BUSINESS OR SERVICE PROVIDER (UNDER ANY THEORY OR CIRCUMSTANCE) FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
  13. Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.