End User Terms of Service

Last update: 9 September 2021

These Terms and Conditions (hereinafter referred to as Terms) apply to visitors of the zoomguide platform, Users and Partners. Navigation on the platform and the use of the services provided imply the acceptance of these Terms and Conditions. zoomguide reserves the right to change this document without prior notice and you can consult the current version of this document on this page. Continued use of zoomguide after these Terms have been changed by Users or Partners implies acceptance of these Terms. If you do not agree with the changes or with the terms and conditions themselves, you should not continue to use the zoomguide service / platform. If at any time any provision of these Terms becomes illegal, void or invalid for any reason, the validity of the rest of the Terms shall not be affected and such invalid provision shall be replaced by another valid provision.

The following terminology applies to these Terms of Service and Privacy Policy:

User: an individual that is using the zoomguide Service to access Content.

Partners: individual and collective entities, public or private, that provide multimedia content in the form of text, images, video, audio, or any other form.

Content: information about specific objects or places of interest, provided in the form of multimedia material such as text, images, video, audio and any other form, developed by zoomguide Partners or by zoomguide itself, with or without the aid of zoomguide's content management system, and available to the User via the zoomguide Service.

Photo: photograph taken by the User in a certain location where the zoomguide is available for the purpose of accessing content about possible points of interest present in the photograph.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as refering to same. The term User is also used interchangeable with the term You, capitalized or not, having the same meaning.

  1. The zoomguide Service

      For the User:
    1. zoomguide allows Users to access content through various methods: by searching through photos taken by the User; by searching by reference (i.e. code associated with an item) entered by the User; through an interactive map.
    2. zoomguide's Service is available in locations that are part of the zoomguide network.
    3. The search methods available vary from location to location, and not all search methods offered at a given location are guaranteed to be available.
    4. Access to the content of a given location may require the entry of an access code specific to the content you wish to access. This code will be provided by the Partner when purchasing a ticket, at the beginning of the exhibition, or at another time to be defined by the respective Partner.
    5. To use the Service, the User needs to access https://www.zoomguide.app using a browser and a mobile device with a camera and internet access. It is not possible to access the Service through a device without these features.
      1. When using the photo search mode, you will receive a notification on the device you are using asking for permission to access the camera, which you will have to accept in order to use this search mode.
      2. When using the interactive map search mode, if you choose to center the map on your current location, you will receive a notification on the device you are using asking for permission to access your location, which you will need to accept in order to use this feature.
      3. Certain types of content, such as augmented reality or 360° content, may require access to your device's camera, location and orientation; when you access this content you will receive a notification on the device you are using requesting access to these features, which you must accept to access this content.
      4. In order to use certain features of the zoomguide service, namely saving your favorite content in the "content passport" and accessing it anytime and anywhere, you will need to create an account (personal and non-transferable) by following the User registration process. During registration, you must provide login information. The User is responsible for keeping his/her account login information confidential. If you know or have reason to suspect that your login information has been compromised, you must immediately change your login information and inform zoomguide.
    6. The photo search method is intended to identify tourist and cultural points of interest in the photos taken by the User and display relevant multimedia content. The User is responsible for the photos he takes and must not take any photos that contain personal data of the User or third parties. In order for a photograph to be successfully analyzed to display relevant content, the User must capture a photograph that clearly and distinctly identifies the point of interest (artwork, painting, etc.) upon which the search falls. The photograph should not include multiple points of interest in the same photograph, but rather the desired point of interest in isolation.
    7. zoomguide shall perform its service in the best way possible. However, you accept that zoomguide contains only those features that you find at the time of use. Except as expressly provided in these Terms, zoomguide makes no warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability or fitness for a particular purpose, quality, safety, completeness, reliability or accuracy of its service, or that any part of zoomguide's service is uninterrupted, error-free, or secure, nor is it warranted, implied or expressly, that any content is safe to download.

    8. For the Partner:
    9. zoomguide allows the Partner to have access to the content management system, whose main purpose is to facilitate the development and management of content, and subsequently make this content available to Users.
    10. To become our Partner you should contact zoomguide by sending an email to [email protected]. You will then be contacted by our team to inform you of the Terms and Conditions for Partners. If you accept these terms and conditions, you will be provided with a partner account, through which you will be able to use our platform and access the partner features.

  2. Availability of the Service
    1. zoomguide may implement functional, procedural or technical changes to the zoomguide service, including removing (temporarily or permanently) the features and content offered.
    2. The User is solely responsible for the purchase and/or proper operation of the infrastructure necessary to use the zoomguide service, namely a mobile device with internet connection and digital camera.
    3. Access to the service is not limited to certain browsers, however, in order to ensure maximum compatibility and best user experience of the service, it is recommended to use an updated version of the Chrome browser for Android devices and the Safari browser for iOS devices;
    4. zoomguide is in no way responsible for any damages or costs resulting from parts of the zoomguide service being (temporarily) unavailable or from failures or interruptions in the zoomguide service.

  3. Availability of the Service
    1. The User is not allowed to:
      1. violate the Terms and Conditions, the Privacy Policy or any applicable laws and/or regulations;
      2. republish, reproduce or copy the content made available on the platform in any other location, whether digital or physical;
      3. use the content for commercial purposes, except with the express permission of zoomguide;
      4. harm the interests and reputation of zoomguide;
      5. violate the rights of zoomguide and/or third parties, including intellectual property rights and rights related to the protection of privacy;
      6. collect user data through the zoomguide service;
      7. use the zoomguide service for advertising purposes, except with the express permission of zoomguide.

  4. Content
    1. Content made available by Partners is their sole responsibility;
    2. Access to the content made available on the platform may be limited by zoomguide and may be subject to the payment of a certain fee whenever it is deemed that the content of the information so requires.
    3. You acknowledge that the content contains only those features and information that you find at the time of use. Other than as explicitly provided in these Terms, zoomguide and/or its Partners make no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability or fitness for a particular purpose, quality, security, completeness, availability or accuracy of the content. In addition, zoomguide does not warrant that the content will be available in the language preferred by the User.
    4. zoomguide is not responsible for errors or incompleteness in the content made available.
    5. If a User believes that certain content is inappropriate and/or violates its rights and/or the rights of other Users, User shall immediately notify zoomguide by sending an email to [email protected].

  5. Warning

    If you choose to use the zoomguide platform, you do so voluntarily and at your own risk. The zoomguide service is provided "as is" without warranty of any kind.

  6. Liability

    The User or Partner acknowledges and agrees that the entire risk arising out of their access to and use of the zoomguide service remains with them. Neither zoomguide nor any other party involved in the creation, production or delivery of zoomguide content shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of credibility or reputation, interruption of service, damage to or failure of systems or cost of substitute products or services, or for any damages for bodily injury or personal injury or moral damages arising out of or related to these Terms or the use or inability to use the zoomguide service. zoomguide shall have no liability to you or a Partner if it is prevented from fulfilling its obligations by acts, events, omissions or accidents beyond its reasonable control, power failures, strikes, riots, government measures, fire, war, malicious damage, natural disasters, floods, pandemics, absence of Partners, limitations of third parties engaged by zoomguide, internet connection interruption, hardware failures and telecommunication network failures.

  7. General Provisions

    These Terms and Conditions shall come into force the moment the User or Partner accesses the zoomguide platform and starts using the service. The nullity of any point established above does not determine the nullity of the remaining provisions herein. For the Partners, the general and specific terms and conditions agreed with zoomguide shall also apply, taking into account their specific characteristics.