Last update: 2017/06/20
Welcome to Tourmake.it!
Thanks for using the Tourmake.it 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.it services, you are unconditionally agreeing to these terms that may still undergo periodic updates.
Tourmake.it 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:
- "Tourmake.it" 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.
- "Tourmake.it Services" generally means those services that make up the Tourmake.it platform (for example: Tools to create Tourmake, etc.).
- "Tourmake.it Products" generally means products created by means of Tourmake.it Services (for example: Tourmake, Viewmake, Tourmake.me, etc.).
- "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.
- "Viewmake" means the virtual photo tour with proprietary technology of Tourmake.it.
- "Tourmake.Me" means a web site generated by the platform, integrated with a Tourmake.
- "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.
- "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.
- "User" means the person delegated by the Partner to the enjoyment of some Tourmake features (e.g. statistics, content changes, etc).
- "Customer" means the individual, company or entity that commissioned a Partner the realization of a product offered by Tourmake.it.
- "Visitor" means any person who has access to the simple display of a service provided by Tourmake.it platform through the use of browsers and / or other applications.
- "Credit" means the payment instrument officially recognized by Tourmake.it 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)
- "Subscription" means the agreement between Partner and Tourmake.it required to access to creating and editing functionality and the services offered on the platform (e.g. technical support).
- "License" means the authorization to the publication and / or modification of Tourmake.it Products.
- "Renewal with Advertising" means the option by which, in view of the maintenance of the active virtual tour, the user authorizes Tourmake.it to insert advertising banners within the tour accepting unconditionally the terms and conditions (https://support.google.com/adsense/answer/1348695?hl=en). In this case it will not be possible to update contents until payment of the License except for any promotions and/ or special communications.
- "Visits" means the single browser uploading of a visitor to a web page containing a Tourmake.it product which is thus made evident and appreciable.
- "Content" means all the material (text, images, video, audio, etc.) loaded or imported directly or indirectly on Tourmake.it.
2 - THE STATUS OF: TOURMAKE, TOURMAKE.ME AND VIEWMAKE
2.1 - The status of a Tourmake:
- Tourmake DEMO: means a Tourmake created, not yet PUBLIC with limited functionality.
- Tourmake LICENSED ACTIVE: means a PUBLIC Tourmake with full functionality.
- Tourmake LICENSED INACTIVE: means a Tourmake NOT VISIBLE TO THE PUBLIC with full functionality.
- Tourmake with RENEWAL ONLY MAINTENANCE: Means a quiescent Tourmake pending renewal of the LICENSE, with edits made on the expiration date of the License.
- Tourmake IN ADVERTISING ACTIVE: means a PUBLIC Tourmake with full functionality in which the Partner has activated the "Renewal with Advertising" option.
- 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:
- Tourmake.Me DEMO: means a Tourmake.Me created, not yet PUBLIC with limited functionality.
- Tourmake.Me LICENSED ACTIVE: means a PUBLIC Tourmake.Me with full functionality.
- Tourmake.Me LICENSED INACTIVE: means a Tourmake.Me NOT VISIBLE TO THE PUBLIC with full functionality.
2.3 - The status of a Viewmake:
- Viewmake DEMO: means a Viewmake created, not yet PUBLIC with limited functionality.
- Viewmake LICENSED ACTIVE: means a PUBLIC Viewmake with full functionality.
- Viewmake LICENSED INACTIVE: means a Viewmake NOT VISIBLE TO THE PUBLIC with full functionality.
3 - LICENSES AND CERTIFICATIONS
Tourmake.it is a platform that uses Google Maps APIs.
Tourmake.it has the suitability to host an implementation of Google Maps Street View in the reserved area of Tourmake.it services.
Tourmake.it provides Partners and Users with an implementation of Google Maps Street View APIs with public access; Partners are authorized to the resale of Tourmake.it products.
4 - SERVERS AND SLAs
Tourmake.it 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.it 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.it Products and Services. The maintenance announcements will report the starting and finishing date
Tourmake.it ensures public availability of any Product (made public by the Partner through the means provided by Tourmake.it) 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.it 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.it Products are classified in three levels according to their extent:
- 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.
- 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).
- 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.it.
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.it staff can evaluate and, if necessary, intervene by resetting the standards.
Tourmake.it 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:
- Starting date of disruption;
- Extent of disruption, according to the definitions given above;
- Problem detected, possibly including details, errors in HTTP responses, screenshots or sequence of steps carried out, to reproduce the problem in order to facilitate the disruption verification and the intervention by the Tourmake.it staff;
- If the disruption is still ongoing or if it was solved at the time of sending and in the latter case, you shall indicate how long the disruption has been solved.
Tourmake.it 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.it grants to the Partner, against payment of the subscription price, a personal and / or business use, worldwide, non-assignable and non-exclusive (see premium partner) concession to use the Tourmake.it platform. This concession is for the sole purpose of enabling the Partner to use and enjoy the Services provided by Tourmake.it, in the manner permitted by these terms.
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.it Services.
6.1 - OWNERSHIP OF CONTENT
- 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.it
- 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 .
- The Partner transfers to Tourmake.it a worldwide, non-exclusive and free concession to use, modify,publish, display and distribute such Content on Tourmake.it and / or platforms linked to it.
This concession SHALL NOT BE EXTINGUISHED if the Partner operates in the following cases:
- Deletion of the Account from Tourmake.it
- Non-renewal of Subscription (see section 7.4);
- Non-renewal of License (eg: Tourmake Frozen, section 2.1 - letter D);
- Renewal of License with the "Renewal with Advertising" option (see section 1 / letter O);
- Withdrawal of Partner from Subscription (see section 7.5)
The concession shall be extinguished only in the following cases:
- Removal of Content by the Partner from Tourmake.it through the tools provided;
- 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: firstname.lastname@example.org 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.it, 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.it 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.it 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.it the Partner must:
- be eighteen years of age or the applicable age of majority in the province, area or country of residence.
- have the skills, equipment and applications required to use its functionality. For proper operation you need to follow all the directions provided within Tourmake.it.
- 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.it services should only be used as permitted by law and by the means provided by Tourmake.it (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
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.it. You must keep your password confidential. The Partner will be held responsible for the activities that occur on or through the Tourmake.it account.
8.2 - Partner Operation on Tourmake.it
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).
8.2.2 - Partner Registered and non-subscriber
Partner Registered but non-Subscriber is enabled to operate solely on Products in Demo Status. Partner Registered and non-Subscriber may still RENEW the License of a Product. The Partner shall be given the opportunity to decide if this Product should be available to the public; In this case, the active Subscription is not required.
8.2.3 - Subscriber Partner
The active Subscription is a necessary condition to associate a Demo Product with a new License. The Subscriber Partner, unlike the non-Subscriber, can operate indifferently on both Demo status and License status Products.
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 or visits).
On the basis of the License optioned an active Tourmake can be viewed by outside visitors for a finite number of visits for a certain period of time, determined by the type of License.
The Partner will be promptly informed of the threshold achievement and he will be invited to follow a License upgrade which allows him to meet the need of more visits. If the Partner does not intend to comply with the invitation to the overcoming of the visits limit the Tourmake license will be converted into "Tourmake with Advertising".
The Tourmake with a Renewal with Advertising is not subject to limitations in the number of visits.
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.it. The amount of Credits necessary for the activation of a License is prefixed by Tourmake.it and it generally depends on the Product and the duration of the License (for example, at present, the activation of a License valid for one year for a Tourmake entails the deduction of 10 Credits).
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:
- If the License associated with a Tourmake expires, this Tourmake changes to Frozen Status. The Partner, therefore, will not be able to make changes through the means provided by Tourmake.it.
For the rehabilitation of this functionality, the Partner may:
Renew with Advertising (that does not entail the deduction of Credits). It is always possible to convert a Tourmake Renewed with Advertising into a Tourmake in License mode, as described above. On the contrary, it is not possible to convert a Licensed Tourmake into a Tourmake Renewed with Advertising.
Associate a new License.
If the License associated with Tourmake.me expires, the enablement to make it visible to the public shall be revoked to the Partner and therefore the Tourmake.me shall be dimmed. In case of License renewal, the Partner may decide to make it visible to the public again.
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 to the functionality provided by Tourmake.it. The active Subscription is a necessary condition to operate and enjoy all the functionality offered.
Upon registration, Partner can evaluate and test the Tourmake.it Services even without an active Subscription. The non-Subscriber Partner is enabled (for evaluation and / or demonstration purposes and for a preset time) to operate on a limited subset of the functionality offered by Tourmake.it 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.it 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.it).
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.it 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.it reserves the right to terminate the Subscription, at its sole discretion, giving prior notice of seven days.
8.6 - Suspension of services
Tourmake.it Services may be suspended and made invisible by the Tourmake.it staff in the following cases:
- Misuses, behaviors and clear violations that are contrary to the guidelines or this "ToS";
- Checks in progress for alleged unlawful conduct (e.g. breach of regulations or rights of third parties, etc).
The Tourmake.it platform may be subject to temporary suspensions due to:
- Maintenance of systems and updates of the platform;
- Situations attributable to accidental events or of force majeure.
In such cases, Tourmake.it considers itself exonerated from any responsibility for any damages resulting from such disruptions.
8.7 - Liability for our Services
Tourmake.it will not be responsible for lost profits, financial losses or indirect damages.
9 - OWNERSHIP OF THE "TOURMAKE.IT" PLATFORM
The Tourmake.it platform is exclusively licensed to operate on servers managed by Tourmake srl. Copying or reproduction of the Tourmake.it 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.it 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.it are the intellectual property of the Tourmake srl and they may not be reproduced, used or represented without the express written permission of Tourmake srl.
10 - GENERAL RULES OF COPYRIGHT
Tourmake.it respects the intellectual property rights of others and ask Partners to act in the same way.
In the Tourmake.it Services, content not owned by Tourmake.it is displayed. Such contents are the sole responsibility of who makes them available. Tourmake.it 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.
10.1 - Reports of alleged violation of law of image and / or copyright.
Tourmake.it 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.it must provide the following information: Identification of the material protected by copyright, which is considered as the subject of violation, name and contact
Upon receipt of the notification, Tourmake.it it will promptly inform the Partner.
Tourmake.it reserves the right to:
- remove content that is alleged to constitute violation without notice to the Partner;
- remove or block the account of the Partner;
- remove or make a Tourmake NOT ACTIVE.
11 - GENERAL INFORMATION ABOUT THESE TERMS
Tourmake.it 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.it 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.
11.1 – 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.
12 - SERVICE AND TECHNICAL SUPPORT
Technical Support for Partners is provided by a Ticketing system inside Tourmake.it 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.it 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.
12 - ELECTRONIC COMMUNICATIONS
Tourmake.it 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.
13 – INVOICING
Any purchase on Tourmake.it will be invoiced upon receipt of payment through the methods of payment available on the platform.
14 - CHANGES TO PRICES AND SERVICE PLANS
Tourmake.it reserves the right to periodically amend the prices of our 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.
15 – DISPUTES