THESE T&C APPLY ONLY FOR TOUR OPERATORS & RE-SELLERS. IF YOU ARE:
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.
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.
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.
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.
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.
TourPhotos reserve the right to modify or terminate the Service for any reason.
The uploaded photos will be distributed exclusively to TourPhotos, and Tour Operator may not sell the same photos via other sites or channels.
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.
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.
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.
TourPhotos is a Norwegian AS company, registered with the following organization number: 918 610 332
Please contact us if you wish to negotiate before booking.