Terms of Use

THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND PHOTOTOURS, INC. ("PHOTOTOURS"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING AND/OR OTHERWISE USING THIS WEB SITE ("SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, CONDITIONS, AND NOTICES (“TERMS OF USE”) AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING U.S. EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE AND/OR USE THIS SITE.

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS POSTED ON THIS WEBSITE (WWW.PHOTOTOURS.COM) PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF PHOTOTOURS FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE IS CONTROLLED AND OPERATED BY PHOTOTOURS FROM ITS OFFICES WITHIN THE UNITED STATES. PHOTOTOURS MAKES NO REPRESENTATION THAT MATERIALS CONTAINED IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

Our services (the “Service”) are available only to individuals and/or entities who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors or to temporarily or indefinitely suspended PhotoTours clients. If you are a minor, you can use the Service only in conjunction with your parents or guardians. If you do not qualify, please do not use our Service. Further, your PhotoTours account (including feedback) and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Access and Interface
By accessing the PhotoTours website (at www.PhotoTours.com) for the Service or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the PhotoTours web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the PhotoTours website.

Client Account, Password and Security
Upon completing the Service registration process, you will receive a password and account designation. Your registration and this password and account are provided to you solely for your personal use. You agree that you will not share, sell, timeshare, loan, or provide access to the Service to non-registered parties or the general public through your registration or account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PhotoTours of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PhotoTours cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. If you are under 18, you may use PhotoTours only with involvement of a parent or guardian. PhotoTours reserves the right to refuse service, remove or edit content, or cancel the Service in its sole discretion.

No Resale of Service
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the PhotoTours or the Service.

Termination
PhotoTours reserves the right, in its sole discretion, to terminate your access to all or part of the PhotoTours, with or without notice.

Disclaimer of Warranties
PHOTOTOURS, INC. IS A REFERRAL NETWORK ONLY. IT PROVIDES INFORMATION ABOUT PRODUCTS AND SERVICES FROM PUBLICLY AVAILABLE SOURCES, INCLUDING OTHER SITES ON THE INTERNET. PHOTOTOURS, INC. IS NOT AFFILIATED WITH OR ENDORSED BY THESE SOURCES. IT HAS NO BUSINESS RELATIONSHIPS WITH THOSE SOURCES AND RECEIVES NO COMPENSATION FROM THEM. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOTOURS, INC. AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT PHOTOTOURS, INC. WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOTOURS, INC. DISCLAIMS ANY RESPONSIBILITY AND ANY WARRANTIES, EXPRESS OR IMPLIED, FOR SALES, PURCHASES, FINANCING OR ANY OTHER TYPES OF TRANSACTIONS INVOLVING PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PHOTOTOURS, INC. ALL SUCH TRANSACTIONS ARE SOLELY BETWEEN THE SELLER, BUYER, AND ANY APPLICABLE AFFILIATED PARTIES. YOUR USE OF PHOTOTOURS, INC. IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHOTOTOURS, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, PHOTOTOURS, INC. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PHOTOTOURS, INC. OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PHOTOTOURS, INC. AND ITS AFFILIATES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by PhotoTours, you agree to defend, indemnify, and hold harmless PhotoTours and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorney's fees, that arise from your use or misuse of this site. PhotoTours reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PhotoTours in asserting any available defenses.

Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PhotoTours, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

PhotoTours grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PhotoTours for use in accessing the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photographic images, text, page layout, or form) of PhotoTours and our affiliates without express written consent of PhotoTours. You may not use any meta tags or any other "hidden text" utilizing the PhotoTours name or trademarks without the express written consent of PhotoTours. Any unauthorized use terminates the permission or limited license granted by PhotoTours and subjects you to potential legal action.

Copyright
All content included on this site, including, without limitation, photographic images, text, graphics, logos, button icons, and audio clips, digital downloads, data compilations, and the selection, lay-out, design, arrangement, and "look and feel" thereof, and software, is the exclusive property of PhotoTours, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of PhotoTours and protected by U.S. and international copyright laws. All Software used on this site is the property of PhotoTours and is protected by United States and international copyright laws.

You may not distribute, copy, reproduce, display, republish, download, post, or transmit any material on this Site for commercial use without the prior written approval of PhotoTours. You may not "mirror" any material contained on this Site on any other server without prior written permission from PhotoTours. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Photographers' Rights
All source images are the exclusive property of the photographer unless other specific arrangements are made by the photographer. It is the sole prerogative of the photographer to market and sell their images. This statement of clarification is made to assure all photographers that PhotoTours makes no claim as to the images provided by independent photographers.

Trademarks
The trademarks, service marks, trade names, and logos (the "Trademark(s)") used and displayed on this Web site are registered and unregistered Trademarks of PhotoTours and others. PhotoTours and other PhotoTours graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PhotoTours or its affiliates and/or subsidiaries. PhotoTours trademarks and trade dress may not be used in connection with any product or service that is not PhotoTours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PhotoTours. All other trademarks not owned by PhotoTours, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PhotoTours, its affiliates or its subsidiaries.

Privacy
PhotoTours only collects personal information in connection with your Service account. PhotoTours does not and will not - EVER - sell, rent, or share your personal information to or with a third party. Since no personal information is collected from individuals who might visit our Web site and/or view our PhotoTour presentations, no further representations are necessary.

Hyperlinks
You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry or download page of this Site and does not portray PhotoTours or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of the Trademarks or other proprietary information including the images found at this Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of PhotoTours. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. PhotoTours has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. PhotoTours does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Third Party Intellectual Property Protection
PhotoTours believes that it is important to protect copyrights, trademarks, and other intellectual property rights. It is the policy of PhotoTours to respond to claims of intellectual property infringement in an efficient and expeditious manner. PhotoTours will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) if it receives notices of infringement complying with DMCA. DMCA notices of claimed infringement should be directed to the PhotoTours registered agent for receiving such notices: 

  • Steve Gaither
  • PhotoTours, Inc.
  • 102 Calle Palo Colorado
  • Santa Barbara, CA 93105
  • (805) 563-8002
  • steve@phototours.com

Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. Any action to enforce or interpret these Terms of Use or your use of PhotoTours shall be brought and maintained exclusively in the Superior Court of the State of California, Santa Barbara, California. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court.

Severability and Integration
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and PhotoTours and its affiliates with respect to this site and supercedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PhotoTours with respect to PhotoTours. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Parties in Interest
Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use.

Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Service.