TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the services provided by Pictour Inc (the “Company”) and Pictour website, iOS and Android App (the “Service”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (referred to as “Content”).
You can submit, post or upload pictures, text, graphics, geo-locations (latitude and longitude coordinates) and tours, from now on referred as "User Content", to the Service using the Service different User Interaction channels.
The User interaction channels that the Service use are, but are not limited to, web applications, mobile phone and mobile device applications, syndication widgets on third party web applications and third party applications that use the Service public and official API.
By accessing the Service you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you should immediately stop using or accessing the site and/or mobile applications. The materials contained in this web site are protected by applicable copyright and trademark laws.
DESCRIPTION OF SERVICE
The Service consists of a Web and Mobile Application where users can see, upload and update graphics, images, text and geographic locations all associated in the form of a Tour or Travel Guide.
Users can see a Tour without the need to user their credentials such as username, email and password.
Users can create their own Tours using the different User Interaction Channels after registering to the Service providing basic user information such as username, email and password.
ELIGIBILITY FOR USERS UNDER 18 YEARS OF AGE
We do not knowingly provide access to the Site to anyone under the age of 18 unless such user has parental or legal guardian consent. It is your responsibility to ensure that you are legally eligible to enter into these Terms of Service under any laws applicable to you in your jurisdiction of residence or otherwise.
THE CONTENT YOU UPLOAD
You are the sole responsible for all the Content that you submit, post, upload or publish to the the Service. The Company is not responsible nor liable for any content that you publish that may infringe local or international law, or that violates any intellectual property rights. If such content is detected by or reported to The Company, The Company will remove it from public view and notify you about the situation.
You agree that the Content you publish in the Service will be accessible to other Service users and third-parties through the different User Interaction Channels that the Service provides.
You are the sole responsible for the content that you publish using the Service so you should not publish content that infringes any local or international law, nor content that you don't want to be shared to the public.
The Company does not claim ownership on any content that you upload, however you agree to provide to the Company the non-restricted, royalty-free, right to use, copy or modify your Content for the sole use of promotion of the Company’s products and services even after canceling your user account within the Service.
In order to publish Content to the Service you guarantee that you own all property rights to the Content or, in cases where you don't own all property rights, you have full authority and right to post the Content and grant licenses to the Company without infringing a third party intellectual property rights.
You can not use any content found in the Service for other purposes and in different channels than the User Interaction Channels provided and authorized by the Company.
You can not copy, modify, distribute, sale any Content that is found in the Service without prior authorization by the owner of the content.
You can not use, copy, modify, distribute any design, logo, software or graphic material provided by the Company, nor you can imply any partnership or cooperation with the Company without the proper authorization from the Company.
The Company may modify, copy or adapt any content that you upload to the Service in order to ensure the proper transmission and display within the different Service User Interaction Channels.
You can not upload Content to the Service that displays nudity, pornography, violence, obscenities, unlawful, defamatory, inciting to violence, violating copyrights or any form of illegal material. If such content is found in the Service it will be removed and the service may be suspended or totally cancel to the account involved.
Any account in the Service may be suspended if it is considered by the Company to violate any of the Terms of Service or uses a username related to a trademark.
You can request to deactivate your user account from the Service. In such case the Company will do all that is possible to remove from public access all user content related to your user account.
The Service is not a backup service thus the Company does not guarantee that the content will be always available in the Service, you should ensure to store your content in a proper backup service.
We do not guarantee that the content will be kept confidential, even in cases where the Content is marked private. In cases the content is marked private, the content will not be listed to other users or third parties but will still be accessible throughout a direct URL that you, or any person that you share with it, can access without any credential in the Service. This implies that a person or third party could guess the direct URL and thus get access to the referred content.
The use of the Service may imply additional network costs on your mobile network operator. You are the sole responsible for the costs related to any data network access for the use of the Service.
Any feedback, recommendation, idea, comment or suggestion that you provide to the Company regarding our product, services or potential future products or services becomes the Company intellectual property that the Company can create, use and commercialize without any liability.
The Service stores the user activity, links clicked, IP address, location and other information regarding the user with the sole purpose of improving the user experience while using our products and services.
The Service can use realtime location information from the User in order to provide relevant information to the user with the purpose of improving the user experience.
All user accounts in the Service are public and other users and third parties will be able to see the user picture, username and public content provided by the user via any of the User Interaction Channels.
The user can choose which of the content they provide is public and which is private for access only from direct URLs.
If you are the property rights owner of any content published in the Service by any of our users and you consider it is violating your property rights, you can submit a request of removal to firstname.lastname@example.org including the proper documentation that proves the ownership of such content. After validating that the provided information is correct Pictour will remove the content and notify the user of the violation and request.
All the content that you upload in the Service can be accessed and share by other users or third parties, you agree that you are willing to publicly share all content that you upload to the Service.
Our Service displays user generated content and some of it may contain links to third party websites. The Company does not review the sites linked on the Service and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply the Company’s endorsement of the destination URL. Use of any such linked websites is at the user’s own risk.
PROPRIETARY RIGHTS IN SITE CONTENT
All content on the website and mobile apps, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
INDEMNIFICATIONThe User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User’s use of the Service, the violation of this Agreement, or infringement by the User, or other user of the Service using The User’s computer, of any intellectual property or any other right of any person or entity.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLASS.IO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.