By using the TourSphere.com web site (“Service”), or any services of TourSphere, Inc. (“TourSphere”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
TourSphere reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.TourSphere.com/legal
Violation of any of the terms below will result in the termination of your Account. While TourSphere prohibits such conduct and Content on the Service, you understand and agree that TourSphere cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
If you initially sign up for a TourSphere subscription, and you don't cancel that subscription within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
When you decide to publish your project by purchasing a public slot on the TourSphere platform, this will end your free trial. You will be billed for your first month immediately upon upgrading.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. TourSphere does not accept any liability for such loss.
You are solely responsible for properly canceling a paid subscription. An email or phone request to cancel a subscription is not considered cancellation. You can pause or cancel a subscription at any time by clicking on the Subscription Manager in your account dashboard.
You are solely responsible for properly canceling your account, should you wish to do so. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Subscription Manager in your account dashboard. Note well that when you cancel your account, all of your Content will be immediately deleted from the Service. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
TourSphere, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other TourSphere service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. TourSphere reserves the right to refuse service to anyone for any reason at any time.
TourSphere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the TourSphere Site (TourSphere.com) or the Service itself. TourSphere shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. TourSphere does not pre-screen Content, but TourSphere, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2011 TourSphere, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from TourSphere.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.
You understand that TourSphere uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, TourSphere, or any other TourSphere partner or service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TourSphere, Inc
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TourSphere customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 20 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by TourSphere) of other TourSphere customers, we reserve the right to examine your account and, if necessary, may require you to purchase additional bandwidth.
You expressly understand and agree that TourSphere provides a software service that enables you to create, manage and publish mobile web applications. When you agree to pay a monthly subscription fee and make your mobile application available to the public, you are using the TourSphere Services. TourSphere is not a product and therefore you will not receive, or claim ownership to, any software code, software programs, user analytics, TourSphere website domain or subdomain, or any mobile application created on, with, or in association with TourSphere or TourSphere.com.
TourSphere does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that TourSphere shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TourSphere has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of TourSphere to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TourSphere and govern your use of the Service, superceding any prior agreements between you and TourSphere (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at legal@toursphere.com
When accessing our Website, TourSphere, Inc. will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.
If you visit our site to read or download information on our pages, we collect and store only the following information about you:
1. The name of the domain from which you access the Internet
2. The date and time you access our site
3. The Internet address of the website you used to link directly to our site.
4. Name (optional)
5. Email address (optional)
6. Organization (optional)
7. Phone number (optional)
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.
The information collected is for statistical purposes. TourSphere, Inc. may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, TourSphere, Inc uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
TourSphere, Inc. will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
App StoreSM, Apple®, Apple logo®, iPad®, iPhone®, iPod®, iPod touch®, iTunes® are trademarks of Apple Inc., registered in the U.S. and other countries.
Android is a trademark of Google Inc.
BlackBerry®, RIM® and Research In Motion® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world.
Windows is a registered trademark of Microsoft Corporation in the United States and other countries.
Palm, Treo, Pre, webOS, Centro, Treo Pro, Blazer and AddIt are trademarks of Palm, Inc.
Adobe and Photoshop are trademarks of Adobe Systems.
All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
"Pie Chart" symbol by Scott Lewis, from thenounproject.com collection; "Rocket" symbol by Antonis Makriyannis, from thenounproject.com collection; "No" symbol by Roger Cook, Don Shanosky from thenounproject.com collection; "Price Tag" symbol from thenounproject.com collection; "Globe" symbol by Marco Davanzo, from thenounproject.com collection;"Check Box" symbol from thenounproject.com collection; "Hammer" symbol by John Caserta, from thenounproject.com collection; "Infinity" symbol from thenounproject.com collection. "Map" by DT, from thenounproject.com collection; "Fingerprint" by Andrew Forrester, from thenounproject.com collection; "Upload" symbol from thenounproject.com collection; "Paint Palette" symbol by Okan Benn, from thenounproject.com collection; "Alarm Clock" symbol from thenounproject.com collection; "Puzzle" symbol by John O'Shea, from thenounproject.com collection; "Line Graph" symbol by Scott Lewis, from thenounproject.com collection; "Shuffle" symbol from thenounproject.com collection; "Chair" symbol by Sofie Hauge Katan, from thenounproject.com collection; "Main Office" symbol by Edward Boatman Mike Clare Jessica Durkin, from thenounproject.com collection; "Carousel" symbol from thenounproject.com collection;"Questin icon" symbol by Henry Ryder, from thenounproject.com collection; "Phone" symbol by Andrew Forrester, from thenounproject.com collection; "Envelope" symbol by Ahmed Hamzawy, from thenounproject.com collection; "Splatter" symbol by Connie Shu, from thenounproject.com collection.
Boston Public Garden Photograph by Rick Harris
All watercolor drawings by Mark Steele, Cambridge, MA (Mark Steele Art)
