Terms and Conditions

Homepage Terms (for TourOperators & Resellers)

THESE T&C APPLY ONLY FOR TOUR OPERATORS & RE-SELLERS. IF YOU ARE:

  •  a Tourist, a Guest, or a final Client, purchasing a photograph, please follow this link: 
  •  a Photographer or an Employee that uploads photos on TourPhotos platform, please follow this link: 



Terms and Conditions


1    About the Service

TourPhotos AS (“TourPhotos”) operates an online platform that allows tour operators (hereafter “Tour Operator”) to upload photos of their excursions (“the Service”). TourPhotos will make the photos available, distribute them, on a designated website, where the Tour Operator either may offer the photos for free or sell them to their customers (“Customer”).These are the terms and conditions for the Service(“Terms of Use”). 

These Terms of Use are binding for the Tour Operator, and TourPhotos reserves the right to exclude, or make the Service unavailable, for the Tour Operator or for the Customer from the use of the Service. 

2                Registration, Username and Password 

The Tour Operator represents that all information, including billing information provided upon registration is correct and updated. One is signing up for the Service by registering a username and password. Username and password cannot be used by anyone other than the Tour Operator, and it must be kept in a safe place. 

With reasonable notice TourPhotos may require the Tour Operator to change the password. If TourPhotos suspects that username and / or password is being used by another,Tour Operator must immediately change the password. 

If the Tour Operator creates sublevel-logins, for instance for employees, photographers etc., Tour Operator remains responsible for their actions and that their actions are in accordance with these Terms of Use. 

3    Payment

There are two payment plans for the Service, either the Tour Operator can enter into a give plan (“Give Plan”) or a sale plan (“Sell Plan”). With regards to the Give Plan the Tour Operator pays a monthly subscription fee to TourPhotos. With regards to the Sell Plan TourPhotos keeps all sales and provides the Tour Operator with a percentage of the net sales.

Payments made from TourPhotos to the Tour Operators are settled monthly via a bank transfer.

All prices are quoted in Norwegian kroner including VAT. 

TourPhotos is not liable for any and all claims concerning income taxes or other taxes (including but not limited to VAT) towards the Tour Operator in relation to use of the Service.

4                Intellectual Property Rights 

All content on the Service, and the associated copyrights and other intellectual property rights belong toTourPhotosand is TourPhotos’property. 

All photos that are uploaded to the Service are Tour Operator’s intellectual property rights. 

TourPhotos may from time to time use the material uploaded on the TourPhotos’ website in advertising and associated commercial activities, nothing in this Terms of Use may be construed as an hindrance for such use. It is Tour Operator’s duty to tag the material so that TourPhotos may contact the depicted person on the picture, in order to obtain their consent for such use. 

5                Consent, Use of the Service and Proprietary Rights in the Content

5.1         Consent

 The Tour Operator represents and warrants that they have a written consent from the Customer to upload the pictures of their customers to TourPhotos website, if the Customer is underage, the written consent must be from a parent or a guardian, before they upload pictures to the portal.

5.2         Use of the Service 

The Tour Operator is responsible for any activity that occurs through use of the Service. The Tour Operator also represent that all information provided to TourPhotos upon registration and at all other times will be true, accurate, current and complete and that the Tour Operator agree to update the information as necessary to maintain its truth and accuracy. 

5.3         Proprietary rights in content 

The Tour Operator represents and warrants that: (i) the Tour Operator own the photos that are uploaded through the Service, (ii) the uploading and making available of the photos through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of the Tour Operator’s content does not result in a breach of a contract between the Tour Operator and a third party. 

The Tour Operator agree to pay for all royalties, fees, and any other monies owing any person by reason of content the Tour Operator post on or through the Service.

 

6                Liability

The Tour Operator must not, when using the Service, violate any laws in any jurisdictions (including but not limited to copyright laws). 

The Tour Operator is responsible for any and all actions when using the Service, including the Customer’s actions. The Tour Operator agrees to indemnify and hold TourPhotos harmless against any claims from third parties due to the use of the Service.

 

7                Miscellaneous

7.1          Changes 

TourPhotos reserve the right to modify or terminate the Service for any reason. 

TourPhotos reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, TourPhotos will notify the Tour Operator.

 

7.2         Exclusivity 

The uploaded photos will be distributed exclusively to TourPhotos, and Tour Operator may not sell the same photos via other sites or channels.

8                 Breach 

 

Without prejudice to any other rights or remedies TourPhotos may have under the Terms of Use and/or other agreement with Tour Operator or at law, TourPhotos may, by written notice to Tour Operator, terminate with immediate effect any use of the Services with Tour Operator  without any liability whatsoever, if; (i) Tour Operator violates or breaches any provisions of the Terms of Use  or any agreement with TourPhotos, or (ii) any proceedings in insolvency, bankruptcy, re-organisation, liquidation or winding up are instituted against Tour Operator voluntarily or involuntarily. 

Upon occurrence of any of the events referred to above, all payments to be made by Tour Operator to TourPhotos shall become immediately due and payable. 

9                Duration and Termination 

The Service shall come into force on the date of [signature/electronic acceptance], and shall remain in force until it is terminated by one of the parties. 

When the Service is terminated by TourPhotos, TourPhotos pay all outstanding payments as of the date of termination. 

When the Service is terminated by Tour Operator, TourPhotos reserves the right to keep the material online for a period of 30 days.

10                Dispute resolution

These terms and conditions shall be governed by and interpreted in accordance with the laws of Norway. 

The parties shall endeavour in good faith to resolve any dispute arising from, and/or in connection with, this Agreement by way of good faith discussion and negotiation. If the parties do not resolve any such dispute by way of negotiation, the dispute shall be referred to, and finally resolved by, Norwegian Courts. The venue of such matter shall be Nord-Troms tingrett.

11             About TourPhotos

 

TourPhotos is a Norwegian AS company, registered with the following organization number: 918 610 332

12              Contact

If you have questions or concerns relating to these Terms of Use, please contact TourPhotos at info(at)tourphotos(dot)com . 

These Terms of Use will be deemed a signed agreement when you register for this Service. 


Please contact us if you wish to negotiate before booking.