“Mytourpics” Terms
& Conditions of Use
These
Terms and Conditions are to be read in conjunction with our Privacy Policy.
These terms of use (“Terms of Use”) set forth the basis on which you are
permitted to use software applications (such as apps downloaded from the Google
Play or Apple App Store), including, without limitation, any patches,
revisions, updates, upgrades or replacement thereto, (collectively, the
“Application”) and online services (“Service”, and any reference to the
Services shall include the Application) provided to you by “Mytourpics” (“we”
or “MTP”). These Terms of Use shall govern any and all kind of use and features
offered via the Services as may become available from time to time. “Mytourpics”
is a fully owned business of Eleven Digital Australia Pty Ltd. Any
reference to “Mytourpics”, “Mytourpics”.com, MTP or We shall also include
Eleven Digital Australia Pty Ltd.
Please read these Terms of Use carefully before using the Services. By
accessing and using the Services and/or downloading and/or installing and using
the Application in any way, you agree to and are hereby bound by these Terms of
Use. If you do not agree to all of the terms and conditions contained herein,
do not use, or access the Services or stop download or installation or remove
the installation of the Application in any manner. We reserve the right to
update these Terms of Use at any time without the requirement of any notice to
you.
Your use of the Service is expressly conditioned on your compliance and consent
with these Terms of Service. By accessing or using the Service, you are
indicating that you agree to be bound by these Terms of Service. “Mytourpics”
reserves the right to amend, discontinue, limit, disable, terminate or cancel
any feature of the Service. As a condition precedent to the use of
the software and services as provided herein, you also agree to be bound by the
privacy policy.
Use of Service
“Mytourpics”
is only providing you an online media content service for you to interact with
other persons to buy and sell digital pictures, video and other related
products known as "media" or "content" interchangeably. Our
content platform, our technology for viewing the Content, the websites and any
other features, tools, applications, materials, or other services offered from
time to time by “Mytourpics” in connection with its business, however,
accessed, are referred to collectively as the “Mytourpics” Services.
As
a condition to your use of the Service, you agree not to use the Service for
any purpose that is unlawful or prohibited by these Terms of Use. You may not
distribute in any medium any part of the Service without “Mytourpics” prior
written authorization. You further agree not to alter or modify any part of the
Services or any of its related technologies. You agree that any content
you make available on “Mytourpics” is with the consent of those in the content
and that at no time is any content that may cause, harm, embarrassment,
discomfort or any other negative emotion to anyone whatsoever to be uploaded or
made available on “Mytourpics” or its services. All persons using the “Mytourpics”
services are required to act in good faith at all times.
Important
In
order to use the Services, you must receive data connectivity services from
your service provider. The cost of the data connectivity service may vary among
service providers. It is your responsibility to review such costs and to
determine whether you wish to bear such costs or not. In particular, you
further acknowledge that the cost of such data connectivity service may rise
significantly when roaming internationally. Therefore, you are advised to
consider the cost of using the Service, depending on your location at any
particular time.
License
Subject
to your full compliance with all of the terms and conditions of this Agreement,
“Mytourpics” or its content providers hereby grants you a limited, personal,
non-commercial, non-exclusive, revocable, non-sub licensable, non-transferable,
non-assignable license to download, install and use the Application for the
sole purpose of your personal use as a Tour Guest and Commercial use as
intended for a Tour Operator of the Application in connection with provision of
the Service by “Mytourpics”.
“Mytourpics”
is entitled, without any liability, to refuse, restrict, limit, suspend,
interfere or interrupt the Service or any part thereof, without any prior
notice to you, for the repair, improvement or upgrade of the Service or for any
of the reasons for termination as mentioned below.
You
may not make any use of the Service in whole or in part that is not expressly
permitted by this Agreement. Without limiting the generality of the foregoing,
you shall not: (1) copy, modify, translate, reverse engineer, decompile or
disassemble the Service or create derivative works based thereon; or (2)
install the Application onto a server so that it is accessible via a public
network; or (3) delete or modify any attributions, legal notices or other
proprietary designations in the Software or any part thereof.
Any
such forbidden use shall immediately and automatically terminate your license
to use the Service, without derogating from any other remedies available to “Mytourpics”. You
agree that “Mytourpics” owns and retains all rights to the “Mytourpics” Services.
The “Mytourpics” Services are protected by copyright, trademark, and other
intellectual property laws.
Registration & Account with” Mytourpics”
“Mytourpics”
services require you to sign up. If you choose to sign up, you must submit a
valid e-mail address and select a password during the registration process. You
must provide accurate information when creating your account. You are solely
responsible for the safeguard of your account password that you use to access
any secure areas of the Services. You agree not to disclose your password to
anyone.
You
agree to take sole responsibility for any activities or actions under your
password, whether or not you have authorized such activities or actions. You
shall immediately notify “Mytourpics” of any unauthorized use of your
password. “Mytourpics” reserves the right to refuse to provide services to
any user or to delete accounts created by users who appropriate the name,
likeness, email address or other personally identifiable information of another
individual.
You
may choose to sign up for an “Mytourpics” account using Facebook or
Google. Please be aware that by choosing to connect your “Mytourpics” account
to social media sites, including Facebook or to use our social features, you
are agreeing to these social terms ("Social Terms") and are
consenting to the collection, use and sharing of information about you with us
and others, such as your name, location and contact information, birthdate,
gender, and other information.
You
should be at least 18 years of age or the age of majority in your country, to
create a “Mytourpics” account. Individuals less than 18 years of age may only
use the service under the supervision of an adult.
Delivery Policy
Once
you are registered with “Mytourpics” and your account goes live, you will
be sent a confirmation email with your account details. You are now ready to
proceed to use our Services and can access the content offered by “Mytourpics”.
Third Party Websites and Content
“Mytourpics”
has not and cannot review all of the material, information and content that is
available on or by means of third parties (including third party websites and
Tour Operators or any other person that loads content on “Mytourpics”
"third party persons") websites and webpages to which the Service
links and transmit information to the website (“Third Party Content”), and
cannot, therefore, be responsible for such Third Party Content. By using “Mytourpics”,
“Mytourpics” does not represent or imply that it endorses any such
"third party content" from any source.
You
are responsible for taking precautions as necessary to protect yourself and
your device(s) from viruses, worms, and other harmful or destructive content. “Mytourpics” disclaims
any responsibility whatsoever for any harm resulting from your use of third-party
websites and webpages.
We
respect the intellectual property of others and we ask our users to do the
same. As a condition to your use of the Service, you agree not to use the
Service to infringe any intellectual property rights. We reserve the right to
terminate the accounts or to block access to the Service to any users who
infringe any intellectual property rights.
Under
no circumstances whatsoever will “Mytourpics” be liable in any way for any
third party content, including, without limitation, for any errors or omissions
in any third party content, or for any infringement of third party’s right,
loss or damage of any kind incurred as a result of the use and/or display
and/or performance of any third party content transmitted, displayed and/or
otherwise made available through the application. Furthermore, third party
content shall be subject to the terms of use of such third-party provider and
your use of the service you agree to and approve, and subject yourself to the
terms of use of such third-party content provider.
Infringement notices
It
is our policy to respond to clear notices of alleged copyright infringement.
This page outlines the information required to submit these notices and allows
online submission for the fastest response.
A. You
may not either directly or through the use of any device, web-based service,
software, internet site, or other means interfere with, alter, bypass, avoid,
or circumvent any copyright, trademark, or other proprietary notices marked on
the Content or any digital rights management mechanism, device, or other
content protection or access control measure associated with the Content
including geo-filtering mechanisms. You may not either directly or through the
use of any device, internet site, web-based service, software, or other means
copy, download, stream capture, screen record, reproduce, duplicate, archive,
distribute, upload, publish, modify, translate, broadcast, perform, display,
sell, transmit or retransmit the Content.
B. If
you are a copyright owner or an agent thereof and believe that any Content or
other content infringes upon your copyrights or any other rights, you may
submit a notification by providing the following information in writing to rod@”Mytourpics”.com:
a. A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
b. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
c. Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit “Mytourpics” to
locate the material.
d. Information
reasonably sufficient to permit “Mytourpics” to contact you, such as an
address, telephone number, and, if available, an electronic mail.
Contact us
Subject
to the other provisions of the Terms & Conditions of usage,” Mytourpics” will
attempt to help you with any queries or problems that you may have with its
site or applications. To reach our customer support team, please e-mail us at
info@myytourpics.com. It will expedite your request for assistance by providing
our representatives with all the information they need to solve your problem as
quickly as possible. If you believe that any action has been taken against your
Account or device in error, please contact Customer Support at info@mytourpics.com.
Warranty Disclaimer
The
service is provided on an “as is” and “as available” basis, and without
warranty or condition of any kind, either express or implied. Without limiting
the foregoing, “Mytourpics” explicitly disclaims any warranties, either express
or implied, including without limitation, warranties of merchantability,
fitness for a particular purpose, non-infringement and quality of service. “Mytourpics”
makes no warranty that the service will meet your expectations, or that data
and content obtained through the service will be accurate, reliable or current,
or that the service will be available on an uninterrupted, secure, or
error-free basis. You acknowledge and agree that use of the service is at your
own discretion and sole risk and that the entire risk as to the results and
performance of the service, including, without limitation, any damages to your
mobile device or any other device used to access the service.
Limitation of liability
You
acknowledge and agree that in no event shall “Mytourpics” (including, without
limitation, its affiliates, and their respective officers, directors,
employees, and agents), as well as its vendors, distributors, third party
licensors, or equipment and service providers be liable for any indirect,
incidental, consequential, special, or exemplary damages or damages for lost
profits, interruption, loss of data, loss of goodwill, work stoppage, device
failure, or malfunction, or damages are out of the use of or inability to use
the service even if “Mytourpics” has been advised of the possibility of such
damages.
In
no event shall “Mytourpics” or directors, officers, employees, agents, its
affiliates, successors, and assigns, and each of their respective investors,
and suppliers (including distributors and content licensors) (collectively, the
“Mytourpics” parties"), be liable for any direct, indirect, punitive,
incidental, special, consequential, or other damages, including loss of
profits, arising out of or in any way related to the use of the “Mytourpics” services
(including any information, products, or services advertised in, obtained on,
or provided through the properties), whether based in contract, tort, strict
liability, or other theory, even if the “Mytourpics” parties have
been advised of the possibility of damages. Certain state laws do not allow
limitations on implied warranties or the exclusion or limitation of certain
damages. If these laws apply to you, some or all of the above disclaimers,
exclusions, or limitations may not apply to you. In no event shall our total
liability to you for all damages, losses and causes of action whether in
contract, tort (including negligence) or otherwise exceed the amount paid by
you to us, if any, for accessing or participating in any activity related to
use of the “Mytourpics” service (whichever is less).
You
agree to defend, indemnify, and hold harmless the “Mytourpics” parties
from and against any and all liabilities, claims, damages, expenses (including
reasonable legal fees and costs), and other losses arising out of or in any way
related to your breach or alleged breach of these terms or your use of the “Mytourpics” services
(including your use of the content). “Mytourpics” reserves the right, at
our own expense, to employ separate counsel and assume the exclusive defence
and control of any matter otherwise subject to indemnification by you.
You
further acknowledge and agree that “Mytourpics” may change the service in
whole or in part in its sole discretion without notice to you and without any
liability to you whatsoever in connection therewith.
Termination
“Mytourpics”
may terminate your access to all or any part of the Service at any time, with
or without cause, or with or without notice, effective immediately, such
termination may result in the destruction of all information and data associated
with your account. If you wish to terminate your account, you may do so by
deleting the Application from your device and removing the Application from
“Your Apps” in the App Centre of your Facebook account. If you terminate your
account, your profile will be removed from the Service, however, deletion may
not be immediate and “Mytourpics” may continue keeping your personal
information in its records for billing purposes, audits, and other
administrative purposes.
Governing law & jurisdiction
Your
use of the Application and these Terms of Use shall be governed in all respects
by the laws of Australia, without giving effect to its conflict of laws
provisions. You agree that any action brought against “Mytourpics” arising
out of or relating to the Service or these Terms of Use may be brought
exclusively before the competent courts in Australia.
Any
cause of action arising out of or related to the application must commence
within one (1) year after the cause of action accrues. Otherwise, such cause of
action is permanently barred.
GENERAL
These
Terms of Use and any other legal notices published by “Mytourpics” on the
Application shall constitute the entire agreement between you and “Mytourpics” concerning
the Service. If any provision of these Terms of Use is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any term of these Terms of
Use shall be deemed a further or continuing waiver of such term or any other
term, and “Mytourpics” failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
Copyright ©Eleven Digital Australia Pty Ltd. All rights reserved.