We welcome you to use our products to view and share others’ panoramic content, to create your own content, and even to market yourself as a photography service. You must use our products and services (collectively, “TourWrist Services”) as described in these terms, in any accompanying documentation, and on our website. If you don’t, we may delete your content, terminate your account, sue you, or report you to authorities.
You must not use our products to do something that is illegal, actionable, violative of anyone’s rights, inauthentic, or intended to interfere with the normal operation of our products or our other users’ enjoyment of them. TourWrist does not claim any ownership rights in the text, files, or images (collectively, "Content") that you upload or share on or through the TourWrist Services. By displaying or publishing any Content on or through the TourWrist Services, you hereby grant to TourWrist a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media format through any media channel, except Content not shared publicly ("private") will not be distributed outside the TourWrist Services.
We do not reliably monitor or exercise editorial control over user-posted content. When using our products, you may encounter others’ content that you believe to infringe your copyright. If so, please refer to our Copyright Policy. You may also encounter others’ content that you find objectionable in other ways. You are welcome to report objectionable content to us, but we cannot guarantee that we will take any action in response, and we won’t be liable to you if we don’t. The user who posted the objectionable content may be liable to you, however. We leave that to be resolved between the two of you. If asked, we may help our users resolve disputes between them. Then again, we may not. You may not use other people’s content without their permission, other than in the ordinary course of your use of our products. Modifications to our products (including the TourWrist SDK and embed code) are not considered “ordinary use.” Finally, if you rate or comment on other people’s content, you must be truthful.
We do not promise any particular results. We cannot guarantee any level of uninterrupted service. We are not obligated to keep our products running. We may discontinue any of them at any time. We may lose all your content. You should keep your own backups. Our products may include advertising and commercial content. We’re not responsible for any of that. Follow links to other websites at your own risk. We’re not responsible for any third–party products you purchase using our products. Our products are provided “as is” and we disclaim all warranties, express and implied, including fitness for a particular purpose, merchantability, and noninfringement. We won’t be liable to you for any reason. The most we can be ordered to pay you under any circumstances is the amount of money you have paid us in the prior 30 days. You will have no right to seek equitable relief against us. Should we have a dispute, let’s try to resolveit amicably and professionally. We don’t want to go to court and neither do you. But if we have to, it will be in San Francisco, California. If someone else sues us because of something you’ve done, thanks a lot. You must defend that suit for us at your expense.
We can terminate your account or delete any of your content for any reason or no reason without notice. If we terminate your account, we will delete all your content. If we charge you fees for the use of any portion of our products and then we have to terminate your account because you have violated these terms, we won’t owe you a refund.
These terms are governed and enforced by California law only. If we change these terms and you have consented to receiving notifications from us, we’ll notify you and you can decide whether to keep using our products subject to the changed terms.
This policy may be revised over time as new features are added to our TourWrist Services or as we incorporate suggestions from our users. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner.
We use your personally identifiable information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact and financial information to your credit card issuer or to credit card processors for their purposes. We may use your financial information to tender payment to you for services you provide to us (upon mutual agreement). No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through TouWrist Services, or register through TourWrist Services, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
You agree, in consideration for the use of the Services, to allow TourWrist to use your contact and demographic information to send you marketing and promotional materials. TourWrist may also send you marketing and promotional materials that promote third party products. TourWrist will not rent or sell your personal information for use by third parties. The materials TourWrist may send you may include without limitation newsletters providing you with additional information on how to use the Services and promotional offers for goods and services from TourWrist or third parties.
TourWrist may disclose specific contact information when we determine that such disclosure is necessary to comply with any applicable law or any judicial or governmental order, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of TourWrist or other users of TourWrist Services. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of TourWrist or TourWrist Services.
"Session IDs" allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if your internet browser program does not support cookies then we may place the Session ID in the requested web page. This allows you to avoid having to continually re-enter certain information such as account name and password for every web page request. This Session ID expires whenever you close your internet browser.
Some of our web pages may also contain special electronic images (called a "single-pixel gif" or "gifs") that allow us to gather only non-personally identifiable traffic statistics and other aggregate information about visitors to our sites. TourWrist (through itself or third parties) may use this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting our web pages and, along with other information you provide, customize your future visits and improve our web pages. For example, we may capture data on the type of browser used, type of operating system used, cookie preferences (whether you have them turned on or off), and search engine keywords (what keywords did a you use to get to our site). We may also record the number of visits and paths taken using TourWrist Services. None of this information is personally identifiable and we only distribute this information to internal staff at TourWrist.
Each time you use TourWrist Services, we may automatically collect your IP address and possibly the web page from which you came. In order to diagnose, administer and optimize TourWrist Services, we use your IP address to help us identify you and to gather demographic information about you.
TourWrist Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third-party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our sites, such as the number of times you have viewed an ad. TourWrist is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. TourWrist does not sponsor, endorse or guarantee any products or services advertised by third-parties on its site. Ad service providers may use information (not including your name, address, email address or telephone number) about your use of TourWrist Services in order to provide advertisements about goods and services that may be of interest to you.
In order to provide more relevant advertising and monitor user bandwidth usage (as governed by our Terms of Service), TourWrist may gather data from the referrer logs that identify where and how frequently images being hosted by TourWrist are being displayed by third-parties.
You understand and agree that TourWrist stores and processes your information on servers that may reside outside the United States, and by providing any data to TourWrist, you consent to the transfer of such information to these servers.
TourWrist respects the intellectual property rights of others and encourages its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found at http://www.copyright.gov/legislation/dmca.pdf, TourWrist will respond expeditiously to notices of alleged infringement that are reported to TourWrist's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through TourWrist Services (as outlined in our Terms of Service) by completing the following notice ("Notice") and delivering it via email to support@TourWrist.com and standard mail to the address provided below.
TourWrist does not permit copyright infringing activities through TourWrist Services and will, if properly notified that content infringes, remove or disable access to such content. TourWrist reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, TourWrist will also terminate users whom it determines to be repeat infringers.
A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When TourWrist receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to the TourWrist Copyright Agent.
TourWrist may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize TourWrist to release information about you if required by law or subpoena, without notice to you. You agree that you, and not TourWrist, are responsible for any violations of any intellectual property rights in any content that you upload to the TourWrist Services.
If you believe that your trademark (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide TourWrist's Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, TourWrist will confirm the existence of the Infringed Mark within TourWrist Services, notify the user who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from TourWrist Services. A user may respond to notice of takedown by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then TourWrist will not remove the Infringed Mark. If TourWrist decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice. Notwithstanding the foregoing, TourWrist will comply as appropriate with the terms of any court order relating to alleged trademark infringement within TourWrist Services.
TourWrist respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting content that would otherwise misappropriate a third-party's right of publicity or persona. If you think that your right of publicity or persona is being misappropriated as a result of the content within TourWrist Services, please provide TourWrist's Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, TourWrist will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from TourWrist Services, with notice to the user in question, unless, prior to such removal, the user in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness. Notwithstanding the foregoing, TourWrist will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.