條款和條件

Last update: 2018/06/28

Welcome to Tourmake!

Thanks for using the Tourmake services. They are provided by Tourmake srl, with registered office in Contrada Monopoli, n.3 - 70013 Castellana Grotte, Italy – tax code and VAT number 08043360729, REA (Economic and Administrative Index) BA - 600152.

By using the Tourmake services, you are unconditionally agreeing to these terms that may still undergo periodic updates.

Introduction

Tourmake provides different services, so that the Partner may be required to check or accept additional conditions: it follows that, sometimes, additional or supplementary terms relating to specific products that shall be governed by the respective terms of service may apply . In case of conflict with this statement of Terms of Service ("ToS") the additional conditions associated with the application or service related to the use of these applications by Partners shall prevail.

1 - DEFINITIONS:
  1. "Tourmake" means the Platform that is to say the www.tourmake.it web site and the associated extensions (including subdomains), mobile versions, as well as the set of hardware, software and services API that enable the creation of overlay applications and virtual reality websites by using photos and 360° videos.
  2. "Tourmake Services" generally means those services that make up the Tourmake platform (for example: Tools to create Tourmake, etc.).
  3. "Tourmake Products" generally means products created by means of Tourmake Services (for example: Tourmake, Viewmake, Tourmake.me, etc.).
  4. "Tourmake" means a virtual photo tour of Google Street View, Viewmake or any other platform specialized in making photographic tours amplified by the addition of custom overlays and other features that enrich the visitor experience.
  5. "Viewmake" means the virtual photo tour with proprietary technology of Tourmake.
  6. "Tourmake.Me" means a web site generated by the platform, integrated with a Tourmake.
  7. "Partner" means the external and independent professional photographer and / or Google Street View certified Agency or any other professional partner that meets the quality standards required by the platform in the services provided.
  8. "Tourmake Premium Partner" means that Partner qualified and arranged for the delivery of professional Tourmake according to common standards, to whom it is recognized the possibility of accessing additional features.
  9. "User" means the person delegated by the Partner to the enjoyment of some Tourmake features (e.g. statistics, content changes, etc).
  10. "Customer" means the individual, company or entity that commissioned a Partner the realization of a product offered by Tourmake.
  11. "Visitor" means any person who has access to the simple display of a service provided by Tourmake platform through the use of browsers and / or other applications.
  12. "Credit" means the payment instrument officially recognized by Tourmake which legitimates Partners to purchase and use the services offered on the platform (subscription, licenses).Note that the credits purchased are not refundable (see par. 8.5)
  13. "Subscription" means the agreement between Partner and Tourmake required to access some of creation and editing functionalities and other services offered by the platform (e.g. technical support).
  14. "License" means the authorization to the publication and / or modification of Tourmake Products.
  15. "Renewal with Advertising" means the option by which, while maintaining the active virtual tour, the user authorizes Tourmake to place advertising banners within the virtual tour. In that case, contents will not be able to be updated until the license is paid, except in case of any special promotions and / or special communications. Please refer to paragraph 9 for the advertising insertion instructions by Tourmake in a single Product.
  16. "Visits" means the single browser uploading of a visitor to a web page containing a Tourmake product which is thus made evident and appreciable.
  17. "Content" means all the material (text, images, video, audio, etc.) loaded or imported directly or indirectly on Tourmake.
2 - THE STATUS OF: TOURMAKE, TOURMAKE.ME AND VIEWMAKE
2.1 - The status of a Tourmake:
  1. Tourmake DEMO: means a Tourmake created, not yet PUBLIC with limited functionality.
  2. Tourmake LICENSED ACTIVE: means a PUBLIC Tourmake with full functionality.
  3. Tourmake LICENSED INACTIVE: means a Tourmake NOT VISIBLE TO THE PUBLIC with full functionality.
  4. Tourmake with RENEWAL ONLY MAINTENANCE: Means a quiescent Tourmake pending renewal of the LICENSE, with edits made on the expiration date of the License.
  5. Tourmake IN ADVERTISING ACTIVE: means a PUBLIC Tourmake with full functionality in which the Partner has activated the "Renewal with Advertising" option.
  6. Tourmake IN ADVERTISING INACTIVE: means a Tourmake NOT VISIBLE TO THE PUBLIC with full functionality in which the partner has activated the "Renewal with Advertising" option.
2.2 - The status of a Tourmake.Me:
  1. Tourmake.Me DEMO: means a Tourmake.Me created, not yet PUBLIC with limited functionality.
  2. Tourmake.Me LICENSED ACTIVE: means a PUBLIC Tourmake.Me with full functionality.
  3. Tourmake.Me LICENSED INACTIVE: means a Tourmake.Me NOT VISIBLE TO THE PUBLIC with full functionality.
2.3 - The status of a Viewmake:
  1. Viewmake DEMO: means a Viewmake created, not yet PUBLIC with limited functionality.
  2. Viewmake LICENSED ACTIVE: means a PUBLIC Viewmake with full functionality.
  3. Viewmake LICENSED INACTIVE: means a Viewmake NOT VISIBLE TO THE PUBLIC with full functionality.
3 - LICENSES AND CERTIFICATIONS

Tourmake is a platform that uses Google Maps APIs.
Tourmake has the suitability to host an implementation of Google Maps Street View in the reserved area of Tourmake services.
Tourmake provides Partners and Users with an implementation of Google Maps Street View APIs with public access; Partners are authorized to the resale of Tourmake products. In case of costs to be borne arising from the use of the Google Maps API on a particular Products, they should entirely and exclusively paid by the Partner who created products.
Tourmake.it provides dedicated assistance for the API keys configuration, insertion and protection, necessary steps to allow Partners make their Products publicly available. Tourmake.it is not responsible for malfunctions resulting from tampering or theft of the API keys entered by the Partners, coming from the failure to secure the keys made by the Partner through the Google Maps provided tools.

4 - SERVERS AND SLAs

Tourmake is hosted on servers managed by Tourmake srl. It is hosted on a high-availability (HA) infrastructure in order to provide more hardware fault tolerance.
Tourmake reserves the right to carry out maintenance that will be scheduled and announced with due notice by means of its official channels (blogs, reserved area). The mere publication will be valid as notification of having read and the intervention will be considered known. Maintenance may involve the temporary reserved area’s inaccessibility or restrict access to the Tourmake Products and Services. The maintenance announcements will report the starting and finishing date .
Tourmake ensures public availability of any Product (made public by the Partner through the means provided by Tourmake) with a 99.95% service availability based on total time (on an annual basis uptime). This service availability does not consider the period of disruption due to maintenance announced by Tourmake through official channels.
Any bugs that may affect your access or functionality of one or more Products will be evaluated according to their extent and the remedial measures for the correct behavior will be scheduled on this basis.
Disruptions on Tourmake Products are classified in three levels according to their extent:

  1. P1 - inaccessible Product: denial of access to the Product due to a negative response from the server (example: error 500 or 503) or a failure to reply from the server due to network problems.
  2. P2 - accessible Product with affected primary functionality: the server responds correctly to the request but the Product is not available so the user experience is affected (e.g. a Tourmake web page is loaded but panoramas are blank and so the tour it is not navigable).
  3. P3 - accessible Product with affected auxiliary functionality: the server responds correctly to the request and the main functions are available, while a subset of the Product functionality presents a negligible problem compared with the standard user experience (example: Tourmake is displayed correctly but the sharing buttons are not shown; they are in fact secondary to the standard user experience, that is a 360°navigation of the place).

The disruptions described above are taken into consideration in cases where they are found on at least one device with the minimum requirements for the access to a particular Product. These requirements include type and version of the browser used, Internet access and others; they depend on the particular Product and are published on the website and the information material of Tourmake. In the event that a Partner considers that the accessibility of one of his Products is compromised or that a particular functionality of a Product has a problem, he is encouraged to report it through one of the official support channels, so that the Tourmake staff can evaluate and, if necessary, intervene by resetting the standards. Tourmake is committed to the Partner to offset the downtime by extending the License deadlines related to Products that may have been damaged by the period of disruption. This extension may be adopted only if the Partner reports the disruption (through official channels), no later than 24 hours after the end of the disruption.
This report must necessarily include the following information:

Tourmake reserves the right to evaluate the validity of the report received in order to agree with the Partner any extension mentioned above which shall be granted as full compensation.
Reports without the necessary information, unclear, found on devices not compatible with the specific product or received after the deadline (24 hours after the identification of the problem) or related to malfunctions during a duly announced maintenance period, WILL NOT BE CONSIDERED.

5 - SERVICE CONCESSION TO PARTNERS

Tourmake grants to the Partner a personal and / or business use, non-assignable and non-exclusive (see premium partner) concession to use the Tourmake platform. This concession is for the sole purpose of enabling the Partner to use and enjoy the Services provided by Tourmake, in the manner permitted by these terms.

Every Partners' initiative aimed at the national or international marketing of services provided by Tourmake through sites and / or portals with national and / or international visibility or through organized networks of agents and / or through telephone operators or through methods and / or instruments suitable to achieve a mass audience must be previously and necessarily authorized by Tourmake srl. The authorization must first be requested to: info@tourmake.it.

In case of omitted or not granted authorization for marketing purposes, the service provided by Tourmake s.r.l. will be suspended.

6 - CONTENT PUBLISHED BY PARTNERS

The Partner undertakes to publish, upload or import content in compliance with Italian law and, in particular, with the mandatory provisions, public policy, morality and these "ToS" on Tourmake Services.

6.1 - OWNERSHIP OF CONTENT
  1. The Partner undertakes to publish, upload or import content legitimately acquired in compliance with existing laws on Privacy, Image Rights, Copyright and these "ToS" on Tourmake
  2. As for the rights related to photographs taken and published on Google Street View platform, please refer to what is governed by the relevant regulations on the link: https://www.google.com/intl/it_it/help/terms_maps.html .
  3. The Partner transfers to Tourmake a worldwide, non-exclusive and free concession to use, modify,publish, display and distribute such Content on Tourmake and / or platforms linked to it.
    1. This concession SHALL NOT BE EXTINGUISHED if the Partner operates in the following cases:
      1. Deletion of the Account from Tourmake
      2. Non-renewal of Subscription (see section 7.4);
      3. Renewal of License with the "Renewal with Advertising" option (see section 1 / letter O);
      4. Withdrawal of Partner from Subscription (see section 7.5)
    2. The concession shall be extinguished only in the following cases:
      1. Removal of Content by the Partner from Tourmake through the tools provided;
      2. Request for express Removal of Content by those who can legitimately boast rights. (This request duly signed and motivated must be sent by email to the following address: info@tourmake.it and will be evaluated).

It is understood that, in the event of extinction of the Concession, the same extinction will not operate with respect to Contents that have already been shared with third parties which have not been deleted by them.
When the Partner publishes Content he grants to anyone, even those who are not registered on Tourmake, to use this information and share them through other channels within the limits imposed by law and these "ToS".

7 - PREMIUM PARTNER, PARTNERSHIP FRAMEWORK

The relationship between Tourmake and Premium Partners is governed by the respective contractual protocols while concessions and any other authorizations remain covered by business secrecy. By signing these agreements Tourmake undertakes not to cause prejudice, as a guarantee for all Partners and other Premium Partners.

8 - OPERATION OF WEBSITE AND SERVICES
8.1 - Conditions and Modes of operation

To operate on Tourmake the Partner must:

  1. be eighteen years of age or the applicable age of majority in the province, area or country of residence.
  2. have the skills, equipment and applications required to use its functionality. For proper operation you need to follow all the directions provided within Tourmake.
  3. Our services must not be misused, but they must be in accordance with these "ToS" and, as an exception to what is provided for therein, with the conditions agreed with the Partner. In any case, the Tourmake services should only be used as permitted by law and by the means provided by Tourmake (e.g. it is forbidden to interfere or attempt to access it by using a method other than the interface and the instructions provided by us. The examples are by way of example but not of limitation).

As for the use of services by the Partner, we may send to this latter advertisements, administrative messages or other information.
To access our services an account is required (username and password) that can be obtained by filling out the registration form available on Tourmake. You must keep your password confidential. The Partner will be held responsible for the activities that occur on or through the Tourmake account.

8.2 - Partner Operation on Tourmake


8.2.1 - Enabling the creation of products in Demo Status
The Partner is able to create Products in Demo Status, for demonstration and / or test purposes. The Partner can create an unlimited number of Products in Demo Status, provided that Demos created by the Partner which exist at the same time do not exceed a maximum limit (this limit depends on the specific Product and it is available in the Profile section in the reserved area of the Partner). In the event that the Partner intends to create additional Demo Products (beyond the maximum Demo limit) he will necessarily associate the new Product with its specific License (and therefore it will not be created in Demo Status, but in License).

8.3 - Duration and effects of License

The license is exclusive for the specific Product and could not be reused on multiple Products.
In order to meet the various needs there are various types of License that restrict or extend certain features according to the type of product (eg. License associated with a Tourmake can have a limited number of plugins).
Each active Tourmake can be explored by external visitors, without any limit of requests. The servers computing capabilities are equally distributed among all the Tourmake tours hosted on the platform to ensure all visitors a good browsing experience, reducing waiting times.
Should a Tourmake be visited by a great number of visitors exhausting computational performance and increasing waiting times, Tourmake.it may contact the Partner to agree the allocation of additional dedicated resources, that will be borne by the Partner. In case of disagreement, Tourmake.it, at its own discretion, may take down the Tourmake tour on a preventive basis.
The license is limited in time and it has immediate effect after activation.
The license is not subject to suspension even if the Product is made in non-Public Status by the Partner.
The license allows you to access the full functionality of the specific Product (for more information on additional functionality for each type of Product, please refer to the website and the information material).
The activation of a License is performed through the transfer of a fee in Credits to Tourmake. The amount of Credits necessary for the activation of a License is prefixed by Tourmake and it generally depends on the Product and the duration of the License.
You can renew a License from the sixtieth day prior to the expiration thereof. A NON-LICENSED PRODUCT produces peculiar effects regulated for each specific Product; in particular:

After the expiry of the License the Partner has the right to renew it at any time.
It should be noted that the deletion of a Product does not entitle to a refund of the related License, nor to any damages claimed.

8.4 - Duration and effects of Subscription.

The Subscription enables Partner the access extra functionalities - compared to the free plan - and to benefit from discounted prices for the activation of Tourmake.it Products.
The Subscription enables Partner the access to the functionality provided by Tourmake. The active Subscription is a necessary condition to operate and enjoy all the functionality offered.
Upon registration, Partner can evaluate and test the Tourmake Services even without an active Subscription. The non-Subscriber Partner is enabled to operate on a limited subset of the functionality offered by Tourmake Services. Upon activation of Subscription, these limitations will resume the standard functionality regularly provided to the Partner with the active Subscription.
The Partner is not required to activate or renew a Subscription. However, in the event that a Subscription is not renewed, the functionality offered by Tourmake Services shall be limited.
The Subscription is limited in time. The expiry date of Subscription is peremptory (e.g. it may not be extended in case of Partner inactivity on Tourmake).
For information regarding the Subscription such as underwriting or expiry date, refer to sections in the reserved area.

8.5 - Termination of Subscription

The Partner may terminate the Subscription on Tourmake at any time. In this case, no refunding will be made nor Credits will be granted for any remaining periods of Subscription not enjoyed. In case of termination of Subscription, the account will be closed automatically and the Partner will be denied access to the website (NB. All Tourmake published until the date of termination will be subject to the regulations provided for in section 6.1)
Tourmake reserves the right to terminate the Subscription, at its sole discretion, giving prior notice of seven days.

8.6 - Suspension of services

Tourmake Services may be suspended and made invisible by the Tourmake staff in the following cases:

  1. Misuses, behaviors and clear violations that are contrary to the guidelines or this "ToS";
  2. Checks in progress for alleged unlawful conduct (e.g. breach of regulations or rights of third parties, etc).
  3. In case of omitted prior authorization referred to in point 5 of this agreement.
  4. In case of failure to comply with the rules of "brand identity" in the hypothesis regulated by the following point 11 of this agreement.

The Tourmake platform may be subject to temporary suspensions due to:

  1. Maintenance of systems and updates of the platform;
  2. Situations attributable to accidental events or of force majeure.

In such cases, Tourmake considers itself exonerated from any responsibility for any damages resulting from such disruptions.

8.7 - Liability for our Services

Tourmake will not be responsible for lost profits, financial losses or indirect damages.

9 - PUBLICITY

Tourmake allows Photographers, upon their request, the activation of a Product that involves the insertion of ads banners within the same Product, according to the statuses mentioned in paragraph 2.

Tourmake, at its own discretion, chooses both its own and third party providers, who will be placing banners within the activated Products in the modes that include inserting ads banner.

Tourmake uses the following third party advertising providers:

Tourmake is not responsible for any direct or indirect damages resulting from third party providers; Please refer to the Specific Terms and Conditions for the third Party Advertising Provider that caused any such damage.

Tourmake's Partners, Users and Customers waive any form of damage or compensation for inserting ads banners in Tourmake’s products by Tourmake itself or third-party advertising providers.

9.1 - Tourmake activation eligibility in Advertising mode

The terms of service of the individual advertising providers, in the cases referred to in paragraph 9, are to be considered an integral part of Tourmake.it Terms and Conditions to apply when a Partner activates a Tourmake in Advertising mode. In this case, the Partner will intervene to make the Tourmake activated with Ads suitable for the insertion of advertising banners.

The Tourmake tours subject to the terms of service of advertising providers are exclusively Tourmakes activated or renewed in Advertising mode by the Partner. The Partner is responsible for any violation of the terms of service of individual suppliers. When a Tourmake activated in Advertising mode changes to another mode, it is no longer subject to the terms and conditions of the individual suppliers.

Tourmake.it reserves the right to pull down a Tourmake activated in Advertising mode, if advertising banners violate or may violate the terms of service of third-party advertising providers described in paragraph 9.

Tourmake.it undertakes to notify the Partner of the Tourmake obscuration caused by such as violation. The Partner will still be able to adapt the Tourmake in order to comply with Tourmake terms and conditions; once the Tourmake tour has been checked for the activation in Advertising mode, Tourmake.it will restore the Tourmake in question.

10 - REVIEW AND COMMENT POLICIES

Tourmake welcomes user reviews. On Tourmake, you can write reviews for places you’ve visited. Your reviews are public, so anyone can read them. Whether you're the business owner or a potential customer, you may be interested in getting ratings, reviews, photos, and recommendations that are helpful and trustworthy. Reviewing a place is a great way to share both positive and negative opinions. But please follow the policies listed below when writing your review. Make sure that the reviews on your business listing, or those that you leave at a business you’ve visited, are honest representations of the customer experience. Those that aren’t may be removed.

We’ll remove content that violates any of the content policies below:

By submitting content, you grant Tourmake a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and sublicensable right to: reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world by any means known and / or unknown, for any purpose.

You are personally responsible for the content (texts, images, reviews, links, ect.) published on Tourmake. You warrant that you own all rights to the content and not infringe or violate the rights of others.

If users post content which is clearly fake, Tourmake, after applying the procedures for the refusal or deletion of the post, shall cancel the user's account and delete all his posts.

You grant to Tourmake the right to choose, in its sole discretion, whether or not to attribute the authorship of comments or reviews posted by Users. You also grant Tourmake the right to legally pursue any natural or legal person responsible for violating the User or Tourmake's rights in respect of Content sent in violation of the provisions of this Regulation. You acknowledge and agree that the content posted are non-confidential information and not owned by anyone.

Tourmake accepts no responsibility in relation to the content of messages sent by users.

In order to facilitate the reading of reviews to Tourmake Users, you authorize Tourmake to publish, on the reviews, the following items: number of published reviews, name and surname, profile photo, comment insertion date.

Once you post the review, you can't edit it. If you want to remove the review and post a new one, you must send a specific report.

11 - OWNERSHIP OF THE "TOURMAKE" PLATFORM

The Tourmake platform is provided by Tourmake srl under the terms and conditions set out in these "ToS" Rules. The Tourmake platform is delivered at a distance by assigning access credentials to Partners that have accepted these general terms of use. All content and the Tourmake platform which have been made available for the display are owned by Tourmake srl and they are protected by copyright and they are licensed for use, not sold to the Partner.
The Tourmake platform is exclusively licensed to operate on servers managed by Tourmake srl. Copying or reproduction of the Tourmake platform on other servers or other peripheral devices for further reproduction or redistribution are expressly prohibited.
In particular, the Partner may not modify, copy or reproduce, download, transmit, exploit and / or distribute in any way the connected services nor the computer codes of the Tourmake Service elements. You may not remove, dim or alter any legal notices and copyrights displayed in our Services. The trademarks, logos, graphics, banners and texts on Tourmake are the intellectual property of the Tourmake srl. Tourmake s.r.l. grants the use of the Tourmake logo provided that it is not modified and / or altered in its original connotation. Rules for a correct use
If requested by the Partner, Tourmake s.r.l. can – in our sole discretion - provide the logo or marketing material useful to promote the supplied service, provided that the Partner adheres strictly to the rules of the "brand identity" provided by Tourmake in case of online and off-line support.
The failure to comply with the aforementioned rules enteils the suspension of the service provided by Tourmake s.r.l. until the Partner complies with the rules of the "brand identity".

12 - GENERAL RULES OF COPYRIGHT

Tourmake respects the intellectual property rights of others and ask Partners to act in the same way.
In the Tourmake Services, content not owned by Tourmake is displayed. Such contents are the sole responsibility of who makes them available. Tourmake reserves the right to review the content in order to establish the possible illegality or the opposition to the rules therein or to those foreseen by Italian law, and we may also remove or obscure content where there is a reasonable cause to believe that they violate law or the rules provided herein.

12.1 - Reports of alleged violation of law of image and / or copyright.

Tourmake will respond to notifications of alleged violation of copyright and / or image or privacy law carried out under the current regulation, if the Customer or any interested party believes that the published content has been reproduced in violation of copyright law. Anyone who sends the notification to Tourmake must provide the following information: Identification of the material protected by copyright, which is considered as the subject of violation, name and contact details. Upon receipt of the notification, Tourmake it will promptly inform the Partner. Tourmake reserves the right to:

13 - GENERAL INFORMATION ABOUT THESE TERMS

Tourmake may modify these terms or any additional terms. Changes and additions will become effective no sooner than 7 days after they are posted on this page. The publication of changes or additions will constitute notification for having read them, and they will be deemed known. If you do not agree to the additional or modified terms of service, you should discontinue your use of it. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict, except as otherwise provided. These terms govern the relationship between Partner and Tourmake and they do not give rise to any rights or expectations of third-party beneficiaries.
If the Partner does not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have.

13.1 – SURVIVAL

If one or more provisions of this "ToS shall be held to be invalid, illegal or unenforceable, this does not affect the validity, legality and enforceability of any other provisions, which shall continue in full force and effect.

14 - SERVICE AND TECHNICAL SUPPORT

Technical Support for Partners is provided by a Ticketing system inside Tourmake and it is the only officially recognized means for requests for technical support and commercial information.
For more information about this service and the characteristics of the same, or if you need help, please visit the website section reserved for Partners "Support" and / or "Guide".
Technical Support for Users is provided by a Ticketing system inside Tourmake that will forward the requests to the delegating Partner.
For anyone who needs initial support for registration, a contact form is available on www.tourmake.it.

15 - ELECTRONIC COMMUNICATIONS

Tourmake will send information relating to the Partner account (e.g. authorization of payments, invoices, password changes or methods of payment, confirmation messages, notifications, etc.) exclusively in electronic format, via email to the address provided at the time of registration.

16 – INVOICING

Any purchase on Tourmake will be invoiced upon receipt of payment through the methods of payment available on the platform.

17 - CHANGES TO PRICES AND SERVICE PLANS

Tourmake reserves the right to periodically amend / update the prices of services subject to this "ToS"; However, any change in prices will be effective after not less than seven days from the date of publication which will constitute notification and shall be deemed known by Users.

18 – DISPUTES

These Terms of Use are governed, interpreted and applied in accordance to Italian law. For any dispute arising from the interpretation, implementation and applications of this Regulation, the Court of Bari will be exclusively competent.

Viewmake
1000+
Free - on Google Play