This Terms of Service are intended to help you understand the scope of services, payment methods, and scope of authorization provided BYSON.
Depending on the service you use, there are different specifications.
By using our Virtual Tour Services, you agree to these Terms, so be sure to read them in detail.
Terms and conditions
SHADOWMOON (SHADOWMOON CO LTD.)
Client (natural/legal person)
1. the customer commissioned SHADOWMOON for the customer to complete the “Virtual Tour” build.
2. The contents and specifications of the work to be completed by SHADOWMOON shall be agreed upon by the virtual tour pricing plan standard. Any adjustment should be consented by signing quotation.
3. SHADOWMOON agreed to complete all the work and deliver the customer for acceptance within one month after the establishment of the order.
4. SHADOWMOON should deliver the finished virtual tour to the customer within one month for acceptance. The customer should notify the SHADOWMOON acceptance results within one week.
5. When customer acceptance, if the results of SHADOWMOON work or the files handed in are defective, do not conform to the agreed quality, etc. , SHADOWMOON should be corrected within two weeks after the customer acceptance. However, if the customer fails to notify the acceptance results of SHADOWMOON within the time limit set out in the preceding article and specifies the correction, the customer shall be deemed to have been accepted.
6. If SHADOWMOON does not deliver the customer acceptance in accordance with the third treaty of this contract, the customer shall have the right to cancel the order by written notice of SHADOWMOON.
7. If SHADOWMOON fails to correct or its defects cannot be corrected within the Article 5 period, the customer shall have the right to cancel the order by written notice of SHADOWMOON, except for the settlement reached by the two parties.
8. after the completion of the order, SHADOWMOON will set up a dedicated URL and cloud space for customers to store all the work results, customers are free to use the URL.
9. customers agree to pay according to SHADOWMOON Cloud Storage billing method SHADOWMOON will manage cloud services for customers.
10. customers that choose to self-storage, running in a private server, SHADOWMOON is not responsible for the quality of their servers.
11. the licensing of virtual tour is divided into standard licensing and business licensing.
12. The customer’s Virtual Tour is stored in SHADOWMOON Cloud Storage, and according to SHADOWMOON Cloud Storage billing method to obtain standard licensing. Customers in active subscription status are authorized to use virtual tour in all business scope, but may not authorize the use of third-person, and may not reproduce or modify panoramic photos, icons, music and any other media SHADOWMOON provided.
13. When a customer get an active business licensing, the customer are authorized to move Virtual Tour to a private server, and during the period when the business licensing is valid, the customer obtains the complete copyright authorization, which shall be limited to the region, period, number and manner (including the use of all works of property rights as determined by Articles 22 to 29 of Taiwan Copyright Law) and shall be entitled to use the virtual tour within that scope.
14. Customer are able to decide when to publish Virtual Tour. When the customer publishes and uses Virtual Tour, he or she is not required to mark SHADOWMOON, nor may he omit the name icon related to SHADOWMOON.
15. During the validity of the authorization, the customer who obtains the business licensing may change the content, form or name of virtual tour due to the actual needs of the use, but shall not damage the reputation of SHADOWMOON. This is not the case if the consent of SHADOWMOON is the same.
16. SHADOWMOON are allowed to advertise virtual tour in the official website of SHADOWMOON activities, community marketing in the customer’s consent.
To learn more about business licensing, read Business Licensing
17. the customer shall pay within two weeks and complete the order in accordance with the payment method provided by SHADOWMOON after the completion of acceptance.
18. if the customer does not complete the payment within the time limit of the preceding article, SHADOWMOON has have the right to suspend virtual tour service until the customer completes the payment.
19. customers subscribe to SHADOWMOON Cloud Storage automatically obtain standard licensing. When a customer cancels subscription, SHADOWMOON will suspend Virtual Tour cloud services when the subscription is expired.
20. When the customer transfers virtual tour from SHADOWMOON Cloud Storage to a private server, the customer will be billed according to the business licensing scheme, and when the subscription is stopped, SHADOWMOON will notify the authorization in writing when the subscription expires, and the virtual tour content shall not be publicly used since the expiration date.
21. Customers understand that the provision of services provided by SHADOWMOON is not a mail order (online purchase) products, does not apply to the Taiwan Consumer Protection Law to give the seven-day appreciation period, after taking the Company’s services will be in accordance with the provisions of this terms of service to cancel and refund mechanism.
22. after the customer orders, SHADOWMOON project manager will contact the customer, and according to customer demand to develop shooting, production plans, if the customer has agreed to the filming, production plan provided by SHADOWMOON (whether oral or written), the reverse cancellation of the order, will be refunded 80%.
23, confirmed the shooting date, production plan, cancellation before SHADOWMOON photographer go to the shooting, will be refunded 60%.
24. Cancellation when SHADOWMOON photographer go to the shooting address, will be refunded 50%.
25. after the completion of filming, cancellation during the production period, will be refunded 40%, the customer may not ask SHADOWMOON to provide any shooting results.
26. after the completion of production, canceling when SHADOWMOON notice customer acceptance, will not be refunded, and the customer may not require SHADOWMOON to provide any shooting results. Refer to Articles 4 to 7 of these Articles for acceptance.
27. SHADOWMOON Cloud Storage service provide a one-week period of repentance, within seven days from the date of collection of funds to cancel the full refund, beyond the time limit does not refund.
28. the customer to purchase Virtual Tour modification tickets, within seven days from the date of payment can be canceled the full refund, beyond the time limit will not be refunded. Elite plan users are offered with a dedicated 100% discount coupon to purchase one modification ticket each year. The coupon may not be transferred or discounted to other virtual tour plan. Virtual Tour modification ticket usage requirements please refer to the Virtual Tour Modification Ticket.
29. If the temporary rescheduled due to force majeure factors such as natural disasters, the additional filming costs shall be borne jointly by the customer and SHADOWMOON, or an agreement shall be reached separately.
30. SHADOWMOON guarantees that the production content is indeed an independent creation of work, the content of which does not involve defamation, plagiarism and other violations of the copyright or other rights of others illegal or infringing. In the event of a violation, SHADOWMOON shall bear the relevant legal liability, and the customer may claim damages from SHADOWMOON if any damage is suffered as a result.
31. If any legal dispute occurs as a result of the modification, reproduction content, form or name by client, the client shall bear all relevant legal liability, and SHADOWMOON shall not bear any liability.
32. In the process of making a virtual tour, the customer provides the relevant materials of SHADOWMOON, its contents such as illegal or infringing on the copyright or other rights of others, such as defamation, plagiarism, etc., if the customer suffers any damage, the customer shall bear all relevant legal liability, and will not claim damages from SHADOWMOON;
33. Before the customer’s public announcement, SHADOWMOON has the obligation to keep confidential and shall not disclose the contents of the relevant services. If the customer causes damage as a result of the breach, the customer has the right to claim compensation for the damage.
Any dispute arising out of or relating to these Terms or related services will be governed by the laws of Taiwan and will exclude the application of the conflict law. As a result of the dispute arising from this Contract, the parties agree to settle this in good faith, and if the proceedings are not negotiated, the Taipei District Court of Taiwan will be the court of first instance jurisdiction, and you and SHADOWMOON agree to be subject to the jurisdiction of the above-mentioned court.
The last revision of these Virtual Tour Terms of Service is June 1, 2020.