“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.