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Terms & Conditions
In essence… itour-egypt.com audio tours are protected by copyright
When you buy or download an audio tour from us, we give you a license that permits you and a companion accompanying you to use that tour. However, you are not allowed to otherwise share, distribute, or copy that audio tour.
SINGLE USER LICENCE, itour-egypt.com for Personal Use
These terms and conditions contain the contractual terms on which we offer you the download, installation and use of Digital Products from this Website. You must click to accept these terms and conditions before downloading any Digital Product from the Website whereupon these terms and conditions will be legally binding on you. If you do not accept these terms you must not continue with the download.
For commercial use, for schools and groups, please contact us to arrange a group license.
IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of this website under the domain name itour-egypt.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
This notice is issued by iMuseumguides Ltd. trading as iMuseumguides (“Company”).
1. INTRODUCTION
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. LICENSE
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis;
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country; or
(d) that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the iMuseumguides logo or any of the Company’s individual logos or website associated logos;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any iMuseumguides trademarks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. REGISTRATION
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. LIABILITY
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(a) This Website;
(b) the use, inability to use or the results of use of this Website;
(c) any websites linked to this Website or the material on such websites;
(d) your downloading of any material from this Website or any websites linked to this Website; or
(e) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) Death or personal injury caused by negligence; or
(b) Fraud; or
(c) Misrepresentation as to a fundamental matter; or
(d) Any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
10. DEFINITIONS
10.1 In Terms and Conditions, the following definitions have the following meanings:
“Digital Product” means copies of multimedia files in digital format containing digital data including but not limited to audio, video, text and digital image data together with any related software capable of download to the memory or hard disk of a personal computer or similar data storage device and such Digital Products shall include for the avoidance of doubt audio guides as more particularly described on the Website;
“Fee”: The download fee for download and access to each Digital Product available on the Website, to be prepaid in full by you to us prior to downloading the relevant Digital Product;
“iMuseumguides”; “imuseumguides.com”; "iTour": All patents, trademarks, service marks, copyright, design right, database rights and other intellectual property rights whether registered or unregistered and subsisting anywhere in the World;
“Order”: A request by you to download a Digital Product or Digital Products from the Website identifying the relevant Fee or Fees for that download or those downloads and relevant payment details;
“Personal Data”: Any personal data relating to you within the definition of the Data Protection Act;
“System Requirement”: The minimum operating system requirements necessary to download, install and run the Digital Products details of which are set out on the Website;
“Website”: The relevant iMuseumguides “iTour” website at this site location and any of the sub-domains thereof;
“We”, “us”, “our,”: A company with its registered address at 301 Rosden House, # 372 Old Street, London EC1V 9AU, United Kingdom.
“You”, “yours,” “End User”: The person or body downloading Digital Product(s) from the Website.
10.2 This License is made between the person who paid for the relevant tour (“Licensee”) and iMuseumguides (“Licensor”).
10.3 The Licensee must accept this Single User License (“License”) prior to downloading the relevant Digital Product. Refunds shall not be given for failure to do so at the time as sufficiently clear notice was given. By downloading the tour, the Licensee is agreeing to be bound by the terms set out below.
10.4 The Licensee expressly acknowledges and agrees that they are responsible for their own safety at all times while using any iMuseumguides or “iTour” related Data Product. The Licensee furthermore agrees that they alone shall be wholly liable for any and all consequences thereof to them.
10.5 All iMuseumguides and “iTour” related content and Data Products including, but not limited to any associated files, text, images and audio (“Content”), is owned by the Licensor (or has been licensed by the Licensor) and is protected by the Copyright and Related Rights Act, 2000 and associated international copyright legislation.
10.6 This Single User License grants the Licensee the non-exclusive and non-transferable right to install and use the Content on to a single portable device.
10.7 The Licensor accepts no responsibility for any damage, system failure or any similar malfunction, which might result from downloading, installing or using the Data Products.
10.8 The Licensee shall not edit or alter the content and shall expressly not have the right to make any additional copies or to permit, authorize, sell, sublicense, redistribute, loan or otherwise exploit the content or any portion whether for commercial purposes or otherwise.
10.9 The Software is licensed to the Licensee on an “AS IS” basis.
10.10 Error and omissions accepted. Whilst every effort has been made to ensure that the precision and accuracy of the information provided is satisfactory, the Licensor does not warrant that it is accurate.
10.11 Except as expressly provided herein, the Licensor makes no other warranties, either express or implied, regarding the Content, including but not limited to its merchantability or its fitness for any particular purpose.
10.12 To the maximum extent permitted by relevant legislation, the Licensor excludes any liability for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this License.
10.13 The Licensor warrants it has the right and authority to license the Content to the Licensee in accordance with the terms herein. The Licensor has full power and authority to grant the Licensee the rights granted herein & warrants that the performance of the terms herein & of its duties to the Licensee hereunder shall not breach any separate agreement by which it is bound.
10.14 Failure by the Licensee to comply with any term of this License shall result in its immediate termination without refund & consequently, the Licensee shall have no further rights to use the Content howsoever.
10.15 This License forms the entire agreement between the Licensee and Licensor.
Overall Disclaimer of Warranties; Limitation of Liability
IMUSEUMGUIDES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS IMUSEUMGUIDES WEB SITE OR OTHER CORPORATE OPERATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IMUSEUMGUIDES MAY REMOVE THE IMUSEUMGUIDES.COM WEB SITE OR ANY CORPORATE OPERATED WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE IMUSEUMGUIDES.COM OR OTHER CORPORATE OPERATED WEBSITES AT ANY TIME, WITHOUT NOTICE TO YOU. IMUSEUMGUIDES DOES NOT REPRESENT OR GUARANTEE THAT THIS WEB SITE OR OTHER CORPORATE WEBSITES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DIGITAL AUDIO TOURS, INC. DISCLAIM ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY AGREE THAT YOUR USE OF OR INABILITY TO USE THE IMUSEUMGUIDES.COM WEB SITE OR OTHER CORPORATE OPERATED WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE AND ALL OTHER CORPORATE OPERATED WEB SITES AND ALL PRODUCTS SERVICES DELIVERED TO YOU THROUGH THESE WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF THAT ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND IMUSEUMGUIDES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE SOFTWARE EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) YOU USE WILL FUNCTION CORRECTLY WITH THE PRODUCTS DOWNLOADED FROM THIS WEB SITE.
Issue Date: 30 March 2012
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www.itour-egypt.com © 2024