General Terms and Conditions

Acceptance

By visiting, using or submitting content to this website/mobile application, including the pictour.co domain name and other sites owned, operated or controlled by APRO Designs, LLC (collectively, the “Website/App”), you agree to the terms and conditions set forth herein (the “Terms & Conditions”), which apply to all users of the Website/App (“Users”). Please do not use the Website/App if you do not agree to these Terms & Conditions and/or PIctour’s Privacy Policy.

Pictour reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Use of this Website/App

PIctour’s content on the Website (“Content”) is provided to you AS IS, for your information, reference, and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PIctour reserves all rights not expressly granted in and to the Website/App. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Tours/Submissions of third parties obtained through the Website/App for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website/App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not harvest or collect information, including screen names, about other members or Users. The use of any information learned through the Website/App is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited.

No Warranties

Pictour DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE/APP WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY OR NON-INFRINGEMENT.

Pictour assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website/App or Your downloading of any materials, text, images, video or audio from the Website/App or any linked Websites.

Limitation of Liability

In no event shall Pictour, its parent APRO Designs, LLC, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website/App. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Indemnification

You agree to defend, indemnify and hold Pictour and it’s parent APRO Designs, LLC  harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of the Website/App.

Account Registration/Access

You are hereby granted permission to use the Pictour Website/App, as set forth in these Terms & Conditions, provided that: (a) you will not copy or distribute any part of the Website/App in any medium without Pictour’s prior written consent; (c) you will not alter or modify any part of the Website/App; and (d) you will comply with these Terms & Conditions.

In order to access certain features of the Pictour Website/App, you may have to create an account in your name. In order to be paid by Pictour, you must have an Pictour Account in good standing. If you or close your Pictour Account for any reason, you will no longer be able to receive payment. You may never use any third party’s account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for all activity on your account and must keep your account password secure. You must notify PIctour immediately upon any breach of security or unauthorized use of your account. Although PIctour will not be liable for losses caused by any unauthorized use of your account, you may be liable for losses sustained by PIctour or others, due to such unauthorized use.

Pictour grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PIctour reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website/App for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users. All website products, tours, and services are voided where prohibited by law.

Purchase

Limited License

You authorize Pictour to charge your Payment Method the Fee of any tour purchased in connection with your Pictour Account. Once the payment transaction for your requested tour is successfully completed the tour and all it’s details and content will be unlocked and available on your devices for as long as you have an active PIctour account.  You will not own the rights to the sample photos included in the tour and do not have permission to use or print those photos. You can not copy and reuse any of the content and text that is included in those tours. All content is copyrighted material and is owned by the photographer that submitted the tour. You will only owns the rights to read the information and use the navigation system to locate all the photo locations. You in no way can copy and reuse any of the information included in Pictour tours.

Payment Methods 

When you add a Payment Method to your Pictour Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Pictour or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method and it is your obligation to keep your Payment Method up-to-date at all times.

Refund policy

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Pictour may revise the pricing for the goods and services offered at any time. You acknowledge Pictour is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Third Party Websites

The Website/App may contain links to third party websites that are not owned or controlled by PIctour. PIctour has no control over and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, PIctour will not and cannot censor or edit the content of any third party site. By using the Website/App, you expressly relieve PIctour from any and all liability arising from your use of third-party websites. We encourage you to be aware when you leave the PIctour Website/App and to read the terms and conditions and privacy policy of each other website that you visit.

Termination

At its sole discretion, Pictour may modify or discontinue the Website/App, or may modify or terminate Your account or Your access to this Website/App, for any reason, with or without notice to You and without liability to You or any third party.

United States Governing Law / Void Where Prohibited

This Website/App shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Kentucky, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Pictour intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Pictour in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.