Terms of Use and Service

TERMS AND CONDITIONS OF USE AND SERVICE OF PICTOURA.COM AND PICTOURA, LLC

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

THE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, THOSE OFFERING “GYDR” SERVICES, TRAVEL PROFESSIONALS, GUIDES, TRAVEL SERVICE PURVEYORS, TOUR OPERATORS, SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES MAY HAVE LICENSE OR OTHER LAWS THAT RESTRICT THE ABILITY TO OFFER CERTAIN TYPES OF SERVICES.

GYDR AND OTHER TERMS OF SERVICE ARE ALSO REFERENCED IN OUR TERMS OF SERVICE

Pictoura is an online community where those who love travel and photography can share their images; and where travelers go to socialize and network with each other for advice, information and enjoyment. Pictoura is also a commercial site, utilized by individuals, travel and media professionals for the sale and promotion of their goods and services. Pictoura aggregates informational resources and creates a central single marketplace where those who travel can meet and coordinate plans with those who can assist them in fulfilling those plans. Pictoura does not underwrite, endorse or warranty the representations or services of those who offer services on or through the site and shall have no liability for the accuracy of representations or fulfillment of travel services by those whose services are booked or contracted with. It should be understood. Users of our services and site must understand and assume that Pictoura is not responsible for investigating or verifying any background information, running background or credit checks, experience, licenses, reference materials, profiles or promotional materials. We therefore recommend that our site users and members always exercise reasonable due diligence and care.

This Agreement is between you and Pictoura, LLC (“Pictoura” or “we”) and applies to your use of the Pictoura.com website (the “Website”) and the digital photography, media hosting and other services available there (use of the Website, and the services it makes available are herein collectively referred to as, the “Service”). The terms of the Pictoura Privacy Policy and Blog Policy are incorporated by reference into this Agreement and provide additional terms and conditions applicable to the Service.

By accessing or using the Website, you indicate that you have read, agree with and accept all the terms and conditions of this Agreement, including the above referenced policies. If you do not accept the terms of this Agreement, do not use the Service. To use the Service, you must be 18 years of age or older, or have the permission of your parent or legal guardian and your parent or legal guardian has read, agreed with and accepted all the terms and conditions of this Agreement.

Pictoura may amend this Agreement at any time by posting a revised version on this website. This Agreement was last modified and effective on December 23, 2015.

IMAGE UPLOAD GUIDELINES

You are solely responsible for all images you upload. You agree, warrant and represent that you will only upload images that you have created or in connection with which you otherwise own or control all rights and title. With respect to images depicting identifiable individuals or places, you represent and warrant that you have obtained and possess valid, legal, enforceable releases from or in connection with such individuals and places as required by applicable law and you agree to provide Pictoura copies of such releases immediately upon Pictoura’s request for the same.

You agree not to upload any images that are unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, or otherwise actually or potentially objectionable or harmful. You agree not to upload any images of nude or partially nude persons, unless such nudity is intrinsically related to an event such as a regional festival, daily living, or the like. Photographs of family, friends, pets, etc. which lack general commercial appeal are not considered appropriate for our Website’s purposes. You agree that identical or near identical images may not be posted until the original has been deleted. You agree that all photographs shall be identified with a proper title. Pictoura reserves the right to remove from the Website any uploaded images that Pictoura in its sole discretion deems inappropriate for the Website.

World Library and Pictoura Images

With respect to images that you upload and or submit or upon invitation for inclusion on Pictoura’s site, through it’s affiliates, contractors or partner sites or in the World Library, you grant Pictoura, The World Gallery and their affiliates, successors and assigns, a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, world-wide license to publish in any format the images and to use such images for any legal commercial or non-commercial purpose without payment or credit to you. Specifically and without limitation, you grant Pictoura, The World Gallery and their affiliates, successors and assigns, the right to publish, distribute and sell those images through the Website and at kiosk installations , for personal use as art prints, and to use your images for marketing purposes related to the same, and to use or license for use your images in any other products or services, including books, postcards and other merchandise, to modify and edit your images in any way, including the creation of derivative works.

MBERS, USERS, VENDORS OF Photographer Galleries

With respect to images that you upload for inclusion in a Photographer Gallery, you grant Pictoura and its affiliates, successors and assigns, a non-exclusive, irrevocable, royalty-free, world-wide license to publish your images on the Website in your Photographer Gallery. This license may be transferred by us without your consent or notice to you, to any of Pictoura’s company affiliates, partners, or in connection with the sale or transfer of all or part of our business to another entity.

DIGITAL DOWNLOADS

When you download an image from a Photographer’s Gallery, your rights and permissions depend upon the terms and conditions of third-party website from which you purchase the download. Such pages are not managed or controlled by Pictoura. We suggest that you review the terms and conditions of the relevant website before making your purchase.

When you download an image from the World Library, you are making a purchase (or obtaining a free license) from Pictoura and your rights and permissions depend upon the type of license you obtain.

Smaller image files posted in the World Library may be downloaded. These images are subject to a “free use license” under which you may use the image file, alter it or incorporate it with other works, or use it for commercial purposes as long as you accredit it to the image maker as set forth in the image file title, otherwise licensor has waived all rights.

Larger sized image files may be purchased from Pictoura and the license purchased may be either for commercial or personal use.

In either case images that are attributed to an image maker should continue to carry that attribution, accrediting the image maker as set forth in the image file title.

In all cases you do not own the image. Title and ownership remain exclusively with the photographer or other owner.

WORLD LIBRARY PERSONAL USE LICENSES

When you purchase a “personal use license” for an image from the World Library, you are granted a non-exclusive, perpetual, non-transferable, non-sublicensable personal use license by the image’s owner or us. Such license is subject to the following restrictions:

  • A personal use license is for your personal use only. Personal use means non-commercial use of the image(s) for display on personal webpages and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sub-licensed or distributed by you to any third party and you may not authorize any third party to use the images in any way.
  • You do not own the image. Title and ownership remain exclusively with the World Gallery, Pictoura, the photographer or other owner.

WORLD LIBRARY COMMERCIAL USE LICENSES

When you purchase a “commercial use license” for an image from the World Library, you are granted a non-exclusive, perpetual, non-transferable, non-sublicenseable worldwide license by us or the image’s owner to use an image exclusively for the following commercial purposes:

  • advertising, promotion, brochures, packaging
  • as part of a commercial website for promotional purposes (maximum 1000×800 pixels)
  • prints, posters, flyers, tearsheets for promotional purposes (not for resale)
  • prints, posters, or other commercial display of image
  • magazines, books, newspapers, other printed publications
  • video, broadcast, theatrical.

A “commercial use license” DOES NOT grant you the right, and you are not allowed, to sell, transfer, sublicense, or redistribute any of the rights granted to you herein, without express written permission from the image’s owner. Using the image to create a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Images may not be made available to others for download. Prints from image files shall not be made available for sale or resale as prints or as downloads.

You do not own the image. Title and ownership remain exclusively with the photographer or other owner.

TEXT MESSAGES AND PHONE CALLS.

By providing your phone number and using the Pictoura Platform, we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use and benefit from Pictoura’s offerings and services

INDEMNIFICATION

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from PICTOURA with respect to such actions or omissions

You agree to indemnify, defend and hold harmless pictoura, its parent company, affiliates, successors and assigns, and each of their officers, employees, directors and agents, against all claims, liability, damages, costs and expenses, including without limitation reasonable legal fees and expenses arising out of or related to your breach of the terms of this agreement, your use of the website and the service, and your use or inability to use the website or any images or services featured on the website, and any third party claims relating to ownership or use of any image.

NO WARRANTIES

PICTOURA DOES NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. The Service may be interfered with by numerous factors outside of Pictoura’s control including, but not limited to, telecommunications network disruptions. Pictoura is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Service. You acknowledge that the entire risk arising out of the use or performance of the Service remains with you to the maximum extent permitted by law.

THE SERVICE AND ANY PRODUCTS OR SERVICES YOU MAY PURCHASE ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. PICTOURA, ITS OFFICERS, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

WE MAKE NO WARRANTY AS TO THE VALIDITY/EXISTENCE OF ANY COPYRIGHT OR ANY MODEL OR OTHER RELEASE RELATIVE TO ANY IMAGE.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY SERVICES OR IMAGES OFFERED THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE VALIDITY, TRUTHFULNESS ACCURACY OR CORRECTNESS OF ANY REPRESENTATIONS OR CONTENT POSTED ON THE SITE BY OR REGARDING GYDR, TOUR OR TRAVEL SERVICE PURVEYORS

 

  • “Content” means all Content, including text, graphics, images, music, software, audio, video, information or other materials that a member, user, subscriber or anyone posts, uploads, publishes, submits, transmits, or includes in their listing, offerings or member profile to be made available through the Site, Application or Services.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PART WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We are not responsible or liable to you (i) for the quality, safety, legality, or any other aspect of any goods or services that you may purchase or obtain directly from a photographer or third-party merchant or otherwise through use of the Service, or (ii) for any other problems or disputes you may have with any photographer or third-party merchant that you connect with on Pictoura. Pictoura does not guarantee the performance of any photographer or third-party merchant. If you have a dispute with photographer or third-party merchant, you agree to settle the dispute directly with such photographer or third-party merchant.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITED LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH USE OF THE SERVICE IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE YOUR USE OF THE SERVICE.

IN THE EVENT THAT A COURT OF LAW DECLARES ANY PART OR PORTION OF THIS AGREEMENT TO BE UNENFORCEABLE OR VOID OR INVALID FOR ANY REASON, YOU AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE REMAINING TERMS AND CONDITIONS SHALL STILL BE CONSIDERED OF FULL FORCE AND EFFECT.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PICTOURA.COM, ITS PARENT COMPANY OR AFFIIATES; WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU HAVE PAID TO US FOR THE PURCHASE OF THE PRODUCT OR USE OF THE SITE , in aggregate, during the prior twelve (12) month period

WEBSITE CONTENT/TRADEMARKS

The Website and all images, photos, text, code, “look and feel” and other content are owned or controlled by Pictoura, its affiliates and content partners. Except as set forth in these Terms of Use, you may not use, copy, or distribute any part of the Website content or underlying code.

“Pictoura”, “Souvinart”, “GYDR” and related logos are the exclusive trademarks and property of Pictoura.

TERMINATION

Pictoura may terminate your User Account, or suspend your access to your User Account, at any time, with or without cause and with or without notice.

ASSIGNMENT AND WAIVER

We may assign this Agreement to a third party at any time without notice to you. However, if we assign the Agreement, the terms will remain substantially and materially the same unless you are notified. Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

NOTICES TO YOU

You agree that Pictoura may provide notice to you by posting it on our website or emailing it to an email address that you have provided us (if any). Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Pictoura at info@Pictoura.com. Pictoura may charge you a request fee to provide a paper copy. Pictoura reserves the right to terminate this Agreement if you withdraw your consent to receive electronic communications.

ENFORCEABILITY AND GOVERNING LAW

In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. Your access to and use of the Service, and the enforceability and interpretation of this Agreement are governed by the laws of the State of New York without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of any New York state or Federal court sitting in New York County, Ulster County or Dutchess County, in any action or proceeding arising out of or relating to this Agreement. At the option of Pictoura, you further agree to the submission to your individual dispute for arbitration for binding arbitration to the American Arbitration Association at the venue closest to the offices of Pictoura.com in New York State.

GOVERNING LAW; ARBITRATION

This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of New York.   In the event a dispute, controversy, action, cause of action, claim or proceeding arises between the parties with respect to the Services or this Agreement (a “Dispute”), the parties shall seek to resolve such Dispute amicably and in good faith by mutual discussion and co-operation for a period of thirty (30) days, during which time Contractor shall continue to be obligated to perform Services hereunder.   In the event the parties are unable to resolve such Dispute within such thirty (30) day period, then either party may, upon written notice to the other party at his or its last known address, submit the Dispute to binding arbitration with a single arbitrator in the City of Kingston, County of Ulster, New York under the rules and procedures of the American Arbitration Association as then in effect.   The costs and expenses of arbitration shall be initially paid by the party invoking arbitration, which shall be entitled to reimbursement of such costs and expenses, only in the event the other party shall be found to owe at least 25% more money than was offered or proposed as settlement or be found responsible for any damages to the party invoking arbitration; in such event the amount of such costs and expenses (including but not limited to any and all legal fees and expenses of the party invoking arbitration) shall be added to any arbitral judgment, decision or decree. In the event that the party against whom arbitration is invoked, after notice in the manner set forth in this paragraph has been delivered or in such manner as the arbitrator may otherwise require, fails to appear, then in this event a judgment, decree or arbitral award shall be entered against such party in the full amount sought, together with such costs and expenses as the party invoking arbitration (including but not limited to legal fees and expenses) may have incurred in connection with such arbitration. The parties do hereby waive any and all rights to seek alternatives within any court system or legal venue, except that it is agreed and stipulated that any arbitral award will be valid, final and binding upon the parties, may be brought before any court, and shall be duly recognized as valid, final, binding upon the parties and enforced by any court of competent jurisdiction. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then any Dispute under this Agreement or relating to the Services shall be commenced solely in the courts of the State of New York located in Ulster County, New York or the United States District Court for the Northern District of New York, and the parties hereby irrevocably and unconditionally agree to the exclusive jurisdiction and venue of such courts over any Dispute hereunder or relating to the Services.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pictoura (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and Pictoura agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Pictoura are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pictoura otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Pictoura otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Pictoura submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” sections above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. Last Updated: 12/23/15

TERMS OF SERVICE

If you are using the Site, Application or Services and you reside in the USA, you are contracting with Pictoura, LLC with respect to use of the Pictoura Site, Application or Services, and with Pictoura, LLC Payments Policy with respect to any payments or payouts from or to you conducted through the Site, Application or Services. Pictoura, LLC will be hereinafter referred to as “Pictoura“, “we“, “us“, or “our“.

Pictoura provides an online platform that connects tour guides with travelers seeking to contract for their services (collectively, the “Services“), which Services are accessible at Pictoura http://www.Pictoura.com and any other websites through which Pictoura makes the Services available (collectively, the “Site“) and as applications for mobile devices (the “Application“). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Pictoura. Please also read carefully our Privacy Policy located at http://www.pictoura.com/content/privacy-policy/. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH GUIDES MAY CREATE TOURS AND TRAVELERS MAY LEARN ABOUT AND BOOK TOURS DIRECTLY WITH THE GYDRS. YOU UNDERSTAND AND AGREE THAT PICTOURA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GYDRS AND TRAVELERS. PICTOURA HAS NO CONTROL OVER THE CONDUCT OF GYDRS, TRAVELERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

Pictoura Content” means all Content that Pictoura makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
Booking Request Period” means the time period starting from the time when a booking is requested by a Traveler (as determined by Pictoura in its sole discretion), within which a GYDR may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
Collective Content” means any Member Content and Pictoura Content.
Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Traveler” means a person who requests from a GYDR a booking via the Site, Application or Services. “GYDR” means a Member who creates a bookable Tour via the Site, Application and Services.
Member” means a person who completes Pictoura’s account registration process, including but not limited to Travelers and GYDRs, as described under “Account Registration” below.
Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees that Pictoura may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Pictoura reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the booking of GYDR created Tours. You may view what is available as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Tour you must first register to create a Pictoura Account (defined below).

As stated above, Pictoura makes available an online platform or marketplace with related technology for Travelers and GYDRs to meet online and arrange for bookings directly with each other. Pictoura’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each GYDR for the purpose of accepting payments from Travelers on behalf of the GYDR.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRAVELERS AND GYDRS CONNECTING AND BOOKING A TOUR DIRECTLY WITH EACH OTHER. PICTOURA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY TOUR LISTING. PICTOURA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TOURS. ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to book a Tour or create a Tour Listing, you must register to create an account (“Pictoura Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Pictoura Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Pictoura through the Site, Services or Application; or (ii) allowing Pictoura to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Pictoura and/or grant Pictoura access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Pictoura to pay any fees or making Pictoura subject to any usage limitations imposed by such third-party service providers. By granting Pictoura access to any Third-Party Accounts, you understand that Pictoura will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Pictoura Account and Pictoura Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Pictoura Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Pictoura’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Pictoura Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Pictoura makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Pictoura is not responsible for any SNS Content.

Your Pictoura Account and your Pictoura Account profile page are created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Pictoura Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pictoura reserves the right to suspend or terminate your Pictoura Account and your access to the Site, Application and Services if you create more than one (1) Pictoura Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Pictoura Account, whether or not you have authorized such activities or actions. You will immediately notify Pictoura of any unauthorized use of your Pictoura Account.

No Endorsement

Pictoura does not endorse any GYDR. You understand that any images are intended only to indicate a photographic representation of the Tour site at the time the photograph was taken. Images are therefore not an endorsement by Pictoura. GYDRs are required by these Terms to provide accurate information, and although Pictoura may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any GYDR Member or the Member’s purported identity or background.

Any references in the Site, Application or Services to a Member being “verified” (or similar language) only indicate that the Member has represented that they have completed a relevant “verification” process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Pictoura about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Tour or accept a booking request from a Traveler, or to have any other interaction with any other Member. Except as provided by the Pictoura TERMS OF USE AND TERMS OF SERVICE, which is an agreement between Pictoura and GYDRs, we are not responsible for any damage or harm resulting from an interactions with GYDRs.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pictoura with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings made by you. This limitation shall not apply to any claim by a GYDR against Pictoura regarding the remittance of payments received from a Traveler by Pictoura on behalf of a GYDR, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Key definitions

Tour Fees” means the amounts that are due and payable by a Traveler in exchange for that Traveler being accompanied by a GYDR. The GYDR alone, and not Pictoura, is responsible for the amount of Tour Fees for his or her Tour. The GYDR may, at his or her sole discretion, decide to include in these amounts any other fee permitted on the Pictoura platform.

Traveler Fees” means the fee that Pictoura charges a Traveler for the use of the Services, which is calculated as a percentage of the applicable Tour Fees. The Traveler Fees will be displayed to the Traveler when the Traveler is asked whether to send a booking request to a GYDR.
GYDR Fees” means the fee that Pictoura charges a GYDR for the use of the Services, which is calculated as a percentage of the applicable Tour Fees. The GYDR Fees will be displayed to the GYDR when the GYDR is asked whether to confirm or reject a booking request from a prospective Traveler.
Service Fees” means collectively the Traveler Fees and the GYDR Fees.
Total Fees” means collectively the Travelers Fees and the GYDR Fees plus any Taxes.

Bookings and Financial Terms for GYDRs and Travelers

If you are a GYDR and a booking is requested for one of your Tours via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Traveler who has requested the booking, (ii) a link to the Travelers Pictoura Account profile page, (iii) if the GYDR and Traveler have both connected their Pictoura accounts to SNS, the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Traveler on such SNS, and (iv) an indication of whether or not the Traveler has provided other information to Pictoura, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Pictoura for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Traveler, Pictoura will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Pictoura will collect the Total Fees at the time of booking confirmation (i.e. when the GYDR confirms the booking request) and will initiate payment of the Tour Fees (less Pictoura’s GYDR Fees and any Taxes in respect of the GYDR Fees, such as VAT in Europe) to the GYDR within 3 business days of when the Traveler completes the Tour (except to the extent that a refund is due to the Traveler). The time it takes for the GYDR to receive payouts may depend upon the payout method chosen by the GYDR. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the GYDR, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount to Pictoura (whether as a result of your bookings or actions as a GYDR or otherwise), then Pictoura may (but is not obliged to) withhold the amount owing to Pictoura from any payout amounts due to you as a GYDR and use the withheld amount to setoff the amount owed by you to Pictoura. If Pictoura does so, then your obligation to pay Pictoura will be extinguished to the extent of the amount withheld by Pictoura, and Pictoura will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Pictoura by you. Such communication may be made by Pictoura or by anyone on its behalf, including but not limited to a third party collection agent.

Appointment of Pictoura as Collection Agent for GYDRs

Pictoura LLC uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells .

Each GYDR hereby appoints Pictoura as the GYDR’s limited payment collection agent solely for the purpose of accepting the Tour Fees from Travelers.

Each GYDR agrees that payment made by a Traveler through Pictoura, shall be considered the same as a payment made directly to the GYDR, and the GYDR will complete the arranged Tour in the agreed-upon manner as if the GYDR has received the Tour Fees. Each GYDR agrees that Pictoura may, in accordance with the cancellation policy, permit the Traveler to cancel the booking and refund (via Pictoura) to the Traveler that portion of the Tour Fees specified in the cancellation policy. Each GYDR understands that as Pictoura accepts payments from Travelers as the GYDRs payment collection agent and that Pictoura’s obligation to pay the GYDR is subject to and conditional upon successful receipt of the associated payments from Travelers. Pictoura does not guarantee payments to GYDRs for amounts that have not been successfully received by Pictoura from Travelers. In accepting appointment as the limited authorized agent of the GYDR, Pictoura assumes no liability for any acts or omissions of the GYDR or Traveler.

Please note that Pictoura does not currently charge fees for the listing of Tours. However, you as a GYDR acknowledge and agree that Pictoura reserves the right, in its sole discretion, to charge you for and collect fees from you for the listing of Tours. Please note that Pictoura will provide notice of any Tour Listing fee collection via the Site, Application and Services, prior to implementing such a Tour Listing fee feature.

Bookings and Financial Terms for Travelers

The GYDRs, not Pictoura, are solely responsible for honoring any confirmed bookings reserved through the Site, Application and Services. If you, as a Traveler, choose to enter into a transaction with a GYDR for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the GYDR and you agree to accept any terms, conditions, rules and restrictions associated with such a Tour imposed by the GYDR. You acknowledge and agree that you, and not Pictoura, will be responsible for performing the obligations of any such agreements, that Pictoura is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Pictoura disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Pictoura is not a party to the agreement between you and the GYDR, Pictoura acts as the GYDR’s payment collection agent for the limited purpose of accepting payments from you on behalf of the GYDR. Upon your payment of the Total Fees to Pictoura, your payment obligation to the GYDR for the Tour Fees is extinguished, and Pictoura is responsible for remitting the TOUR Fees (less the GYDR Fees and any Taxes in respect of the GYDR Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Pictoura does not remit any such amounts as described in these Terms, such GYDR will have recourse only against such Pictoura entity.

The Total Fees payable will be displayed to a Traveler before the Traveler agrees to a Tour with a GYDR. As noted above, the Traveler is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the GYDR), any amounts collected by Pictoura will be refunded to such Traveler and any pre-authorization of such Traveler’s credit card will be released, if applicable.

You as a Traveler agree to pay Pictoura the Total Fees for any booking requested in connection with your Pictoura Account if such requested bookings are confirmed by the applicable GYDR. In order to establish a booking pending the applicable GYDR’s confirmation of your requested booking, you understand and agree that Pictoura, on behalf of the GYDR, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Pictoura will collect the Total Fees due once Pictoura receives confirmation of your booking from the applicable GYDR. Please note that Pictoura cannot control any fees that may be charged to a Traveler by his or her bank related to Pictoura’s collection of the Total Fees, and Pictoura disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Pictoura or its third-party payment processor(s). You agree to pay Pictoura for any confirmed bookings made in connection with your Pictoura Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Pictoura or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Pictoura to charge your credit card for Security Deposits, if applicable. If you are directed to Pictoura’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Service Fees

In consideration for the use of Pictoura’s online marketplace and platform, Pictoura charges Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the GYDR Fees and Traveler Fees. Pictoura Payments deducts the GYDR Fees from the Tour Fees before remitting the balance to the GYDR as described in these Terms. Traveler Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Pictoura to GYDRs via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the GYDR’s currency of choice, depending upon the selections the GYDR makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

Please note that Pictoura, may impose or deduct foreign currency processing costs on or from any payments or payouts by Pictoura in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

If, as a Traveler, you cancel your requested booking before the requested booking is confirmed by a GYDR, Pictoura will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Traveler, you wish to cancel a confirmed booking made via the Site, Application and Services, the cancellation policy of Pictoura will apply to such cancellation. Our ability to refund the Tour Fees and other amounts charged to you will depend upon the terms of the cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a GYDR cancels a confirmed booking made via the Site, Services, and Application, (i) Pictoura will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation. If a GYDR cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Pictoura, please contact Pictoua.com.

If, as a GYDR, you cancel a confirmed booking, you agree that Pictoura may impose a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Pictoura Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Pictoura may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. You agree that Pictoura and the relevant Traveler or GYDR will not have any liability for such cancellations or refunds.

If, as a GYDR, your Traveler cancels a confirmed booking or Pictoura decides that it is necessary to cancel a confirmed booking, and Pictoura issues a refund to the Traveler in accordance with the Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Pictoura shall be entitled to recover the amount of any such Traveler refund from you, including by subtracting such refund amount out from any future Tour Fees due to you.

Rounding Off

Pictoura may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or GYDRs to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Pictoura will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Pictoura may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Pictoura to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

You as a GYDR understand and agree that you are solely responsible for determining your applicable Tax reporting requirements. Pictoura cannot and does not offer Tax-related advice to any GYDRs.

Where applicable, or based upon request from a Traveler, Pictoura may issue a valid VAT invoice to such GYDR.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • access or use our Site, Application, Services or the Pictoura API to use, expose, or allow to be used or exposed, any Pictoura Content: (i) that is not publicly displayed by Pictoura in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Pictoura Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Pictoura’s users or any other third party;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence.
  • “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Pictoura GYDR or Traveler;
  • offer, as a GYDR, access to any site that you do not yourself own or have permission to access.
  • register for more than one Pictoura Account or register for a Pictoura Account on behalf of an individual other than yourself;
  • contact a Traveler for any purpose other than asking a question related to a Tour booking or such Traveler’s use of the Site, Application and Services;
    recruit or otherwise solicit any Traveler or other Member to join third-party services or websites that are competitive to Pictoura, without Pictoura’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a Traveler and then complete a booking of a Tour independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Pictoura’s provision of the Services or for any other reasons;
  • as a GYDR, submit any Tour Listing with false or misleading price information, or submit any Tour Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Pictoura’s name, any Pictoura trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Pictoura’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, Pictoura’s computer systems, or the technical delivery systems of Pictoura’s providers;
  • attempt to probe, scan, or test the vulnerability of any Pictoura system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Pictoura or any of Pictoura’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  • accept or make a payment for Tour Fees outside Pictoura’s payment service. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Pictoura harmless from any liability for such payment.

Pictoura has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Pictoura may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Pictoura or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Pictoura, its users, or members of the public. You acknowledge that Pictoura has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Pictoura reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Pictoura, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

You agree that Pictoura’s Privacy Policy, which may be updated from time to time) governs Pictoura’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Pictoura and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, Pictoura grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

Pictoura Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Pictoura grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Pictoura Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pictoura or its licensors, except for the licenses and rights expressly granted in these Terms.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Pictoura is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pictoura of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Pictoura platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Pictoura used herein are trademarks or registered trademarks of Pictoura. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the Feedback section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Pictoura and you hereby irrevocably assign to Pictoura and agree to irrevocably assign to Pictoura all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Pictoura’s request and expense, you will execute documents and take such further acts as Pictoura may reasonably request to assist Pictoura to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Pictoura respects copyright law and expects its users to do the same. It is Pictoura’s policy to terminate in appropriate circumstances the Pictoura Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Suspension, Termination and Pictoura Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Pictoura Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Pictoura Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Pictoura Account, your Member Content, or receive assistance from Pictoura Customer Service, (b) any pending or accepted future bookings as either GYDR or Traveler will be immediately terminated, (c) we may communicate to your GYDR or Traveler that a potential or confirmed booking has been cancelled, (d) we may refund your Traveler in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Traveler to inform them about potential alternate Tours with other GYDRs that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Pictoura Account. You may cancel your Pictoura Account at any time via the “Cancel Account” feature of the Services or by sending us an email. Please note that if your Pictoura Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PICTOURA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GYDRS AND TRAVELERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PICTOURA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PICTOURA MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OF TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PICTOURA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY TOUR LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PICTOURA OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GYDR OR TRAVELERS. YOU UNDERSTAND THAT PICTOURA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. PICTOURA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GYDRS AND TRAVELERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PICTOURA. NOTWITHSTANDING PICTOURA’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE GYDRS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE GYDRS, PICTOURA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PICTOURA.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PICTOURA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICTOURA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE GYDRS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE PICTOURA GYDR GUARANTEE, IN NO EVENT WILL PICTOURA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GYDR, THE AMOUNTS PAID BY PICTOURA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PICTOURA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Pictoura and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your GYDR Content; interaction with any Member, booking of a Tour, or creation of a Tour Listing; (c) including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking (e) your participation in the Referral Program.

Reporting Misconduct

If you feel that any person associated with your transaction is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Pictoura by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Pictoura and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tours made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pictoura and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Pictoura’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pictoura may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pictoura (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and Pictoura agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Pictoura are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pictoura otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Pictoura otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Pictoura submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

General

The failure of Pictoura to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pictoura. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

Contacting Pictoura

If you have any questions about these Terms, please contact www.Pictoura.com