Description of Service
The Telportus platform allows users to take live virtual tours, privately or publicly, on a hosted and customized site. Users can save and book tours via the website and use given links to visit the proprietary audio and video platform for their tours, which are provided by our third-party partners (“Tour Operators”).
By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
You will not upload, display, share, or otherwise provide on or through the Service any content or photo that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Telportus’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Telportus or its users to any harm or liability of any kind. You will not use Telportus to collect information about our product in order to develop strategy, guides or other similar services.
Your Account and Data
If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. Accounts are for individual, not organizational, use by a single person only. You may not share your account with any other person. Telportus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
“Telportus” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Telportus or their respective owners, and some of them may be registered with the United States Patent and Trademark Office. Access and use of the Service does not automatically grant or provide you with the right or license to reproduce or otherwise use the Telportus name or any Telportus or third-party trademarks, service marks, graphics or logos.
Changes to the Service and Terms
The Service, including without limitation all content there available, product and usage features, any and all of Telportus’s policies, and these Terms of Service, may be changed at the sole discretion of Telportus without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
NO REPRESENTATIONS OR WARRANTIES BY TELPORTUS
THE SERVICE, INCLUDING ALL IMAGES, AUDIO AND VIDEO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY TELPORTUS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TELPORTUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TELPORTUS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL TELPORTUS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES, GIMBALS, STABILIZERS OR OTHER PROPERTY, EVEN IF TELPORTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELPORTUS’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TELPORTUS FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Telportus may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Telportus’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio, video and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Telportus or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions or with written permission from Telportus. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Telportus, all data, information and materials generated from your access and use of the activities and tours made available on or through the Service, including recorded content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Telportus, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions.. All rights of Telportus or its licensors that are not expressly granted in these Terms and Conditions are reserved to Telportus and its licensors.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Telportus pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
1. an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
4. your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Telportus’s Agent for Notice of claims of copyright infringement can be reached as follows: By email: firstname.lastname@example.org
Governing Law and Arbitration
These Terms and Conditions, its subject matter and Telportus’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the State of Washington, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Telportus will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in King County of the State of Washington. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Indemnification of Telportus
You agree to defend, indemnify and hold harmless Telportus and its directors, officers, employees, contractors, agents, suppliers, partners, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any Service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
These Terms and Conditions constitute the entire agreement between Telportus and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Telportus or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Telportus may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Telportus and you, and Telportus’s and your respective successors and permitted assigns. These Terms continue to apply, even after you close your account or cease using the Service.