Terms of Service
Date: 20 November 2020
Icarus.travel (hereinafter “Icarus” or “Service”) is a platform that allows you to enjoy interactive tourism experiences (hereinafter “Tour”) remotely and in live streaming. Icarus provides a space where people can use tourist and cultural content remotely and constitutes a platform for distributing original content from creators large and small (hereinafter “Guide” or “Guide”).
The entity that provides the Service in the European Economic Area and in Switzerland is DEMCODE srls, an innovative startup established and operational under Italian law, with headquarters in Via Paolinelli 25, Marlia, 55014, Capannori (LU), Italy (identified as “Icarus”, “we”, “us” or “our / a”).
Furthermore, the Tours are not available for users who have previously been removed from the Service by Icarus itself and for those not authorized to use them under Italian laws (such as, for example, restrictions and regulations on export and re-export). and any other applicable jurisdiction.
If you are under the age of 18, you need the permission of a parent or legal guardian to use the Service. Please ask them to read this Agreement with you.
The parent or legal guardian of a user under the age of 18, providing the child with permission to use the Service, is subject to the terms of this Agreement and responsible for the child’s activities on the Service.
If you use Icarus on behalf of a company or organization, you confirm that you have the authority to act on behalf of that person, who accepts this Agreement.
Content on the Service includes video, audio (e.g. music and other types of audio), graphics, photos, text (e.g. comments and scripts), branding (including trade names, trademarks, service marks or logos), interactive features, software, metrics and other materials (collectively, “Content”). The Contents may be provided to the Service and distributed by our users and Icarus is the hosting service provider for such Contents. Responsibility for Content rests with the person or entity providing it. If you come across Content that you believe does not comply with these terms, for example because it violates copyright laws, please report it to us.
You may use parts of the Service, such as browsing and searching for Content, without having an Icarus Account. However, to use some features it is necessary to have an Icarus Account. With an Icarus Traveler Account it is possible to purchase access to a Toure and enjoy its live and interactive contents.
To have access to additional features, such as loading tours, you need to have a Guide Account.
To protect your Icarus Account, you must keep the password confidential. We recommend that you do not reuse the Icarus Account password for third party applications.
Our privacy policies explain how we process personal data and protect privacy in the context of using the Service.
You can access the Service and use it to the extent that it is made available to you, provided that this is done in compliance with this Agreement and the provisions of the law. You can view or listen to the Content for personal and non-commercial purposes, as well as show Icarus events through the interface called Travel View.
- Access, reproduce, download, distribute, transmit, display, sell, license, alter, modify or use any part of the Service, Tours or Content, except (a) in the specific manner permitted by the Service; (b) subject to written authorization from Icarus and, if any, from the respective rights owners; or (c) in the manner permitted by applicable law.
- Circumventing, deactivating, using fraudulently or otherwise obstructing the Service (or attempting to take such actions), including security features or features that (a) prevent or restrict copying or otherwise using the Content; or (b) impose restrictions on the use of the Service, Tours or Content.
- Access the Service using automated means (such as robots, botnets or scraping tools), except (a) in the case of public search engines, in accordance with Icarus’ robots.txt file; (b) with prior written authorization from Icarus; or (c) in the manner permitted by applicable law.
- Collect or use information that could identify an individual (e.g. collect usernames), except where that individual has given their permission and the cases listed above in section 3.
- Use the Service to distribute unwanted promotional or commercial content or to send unwanted or bulk requests (spam).
- Causing or encouraging inaccurate measurements of genuine user engagement with the Service, such as paying or providing incentives to individuals to increase views, Tour feedback or number of tickets purchased, or otherwise manipulate metrics.
- Misuse any reporting, challenge or appeal procedure, for example by submitting unfounded, harassing or futile content.
- Use the Service to view or listen to Tour Content for purposes other than personal and non-commercial purposes (for example, you are not allowed to publicly show videos or stream music from the Service).
- Use the Service to: (a) sell advertisements, sponsorships or promotions placed on, around or within the Service, Tours or Content; or (b) sell advertising, sponsorship or promotions on any page of any website or application that exclusively includes Service Content or where the Service Content forms the primary basis of such sales (for example, selling advertisements on a web page on the which Icarus events constitute the only content with value).
Any rights not expressly granted by this Agreement remain a right of Icarus or the respective rights owners. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content to which you have access (including any brands used or displayed within the Service).
Icarus constantly modifies and improves the Service. We may also alter or discontinue the Service or any part of it in order to improve performance or security, change functions and functionality or make changes to ensure compliance with the law or prevent illegal activity or unlawful conduct on our system. We will constantly strive to take into account and offset the impact of such changes on your use of the Service. When reasonably possible, we will notify you of the discontinuation of the Service or material changes to it that will have a negative impact on its use. However, there will be occasions when we will need to make such changes without notice, such as where we need to take action to improve the security and operability of the Service, prevent illegal behavior, or meet our legal requirements.
If you have a Guide account, you can create Tours on Icarus. You can use the Tours or its Contents to promote your commercial or artistic activity. You can make your Content accessible by purchasing an Event ticket. If you choose to use Live Content, you do not have the authorization to publish Content on Icarus that does not comply with this Agreement or the law. For example, the Content posted must not include third party intellectual property (for example, copyrighted material) unless you have the permission of the third party or some other type of legal authorization. Legal responsibility for the Content you post through Icarus rests with you. We may use automated systems to analyze Content and detect violations and illegal behavior such as spam, malware and illegal content.
All ownership rights in your Content belong to you. In short, what belongs to you remains your property. However, we still require that you grant certain rights to Icarus and other users of the Service in the manner described below.
When you provide Content to Icarus, you are granting Icarus a global, non-exclusive, royalty-free, transferable and licensable license to use such Content (including reproduction, distribution, modification, publication and execution of the same). for the purposes of the operation, promotion or improvement of the Service.
If we have reason to believe that any Content violates this Agreement or could cause harm to Icarus, our users or third parties, we may terminate Tours that contain such Content in whole or in part. We will inform you of the reason for our action, unless we have reason to believe that this communication: (a) may violate the law or the directives of a law enforcement authority or may otherwise involve the risk of legal liability to borne by Icarus or our affiliated companies; (b) may compromise an investigation or the integrity or operation of the Service; or (c) may cause harm to a user, other third parties, Icarus or our affiliated companies. More information on reporting, policy enforcement and the procedure for appealing can be found on the troubleshooting page of our Help Center.
Icarus respects the intellectual property of others and abides by the obligations imposed by the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Authors holding copyright and their agents who believe that the content published on Icarus constitutes an infringement of their copyright can send a report.
The Program allows you to monetize the transmission, streaming, distribution and display of the Help Content through the services described herein.
As part of the Program enrollment process, you must submit a complete and accurate Program application (including any forms, documents or certifications that may be required to meet any tax obligations in relation to payments under these Terms). If the Guide is an individual, he must be at least 18 years of age. Icarus will evaluate the Guide’s request and inform him of his acceptance or rejection. Icarus will determine the suitability of the Guide in its sole discretion.
If (a) Icarus rejects the Guide’s request or (b) closes your account in connection with any violation or abuse, including, but not limited to, any violation of the Terms of Service, the Guide may not attempt to re-participate in the Program without the prior written authorization of Icarus.
Exclusively for any live audiovisual work that the Guide chooses to provide to Icarus as Content (“Tour” of the Guide), starting from the commencement of the initial broadcast of such Icarus Travel Tour and continuing for a period of twenty-four (24) hours after the end of the initial broadcast of such Tour (the “Exclusivity Period”), such Icarus Exclusive Tour (also for the Guide itself). During the Exclusivity Period of any Tour, the Guide will not permit or authorize any third party to broadcast, stream, distribute, exhibit and otherwise make available such Tour in any way. Notwithstanding the foregoing, the Guide has the right to make any Tour, during the Exclusive Period, exclusively through the Icarus Service. After the exclusivity period of any Icarus Travel Tour, the license of such Icarus Travel Tour will become non-exclusive and the Guide shall have the right to broadcast, stream, distribute, exhibit and otherwise make available such Icarus Travel Tour in any way and format desired by you. “Initial Broadcast” means the initial broadcast, streaming, distribution or other performance of Tours live via the Internet, regardless of whether such Tours are broadcast in real time, on a live basis while the relevant event occurs or such Live Tour has content that has been pre-recorded and is initially broadcast for the first time via any mode or method of streaming.
The Guide will ensure that the information in the Program application and otherwise associated with your account, including your e-mail address and other contact information and your Icarus Guide Account identification, is always complete, accurate and current. To participate in the Program, you must comply with these Terms of Service. Please read them carefully. The Guide must promptly provide Icarus with the information required to verify compliance.
In the event of a breach of the Terms of Service in addition to any other rights or remedies available to you, Icarus reserves the right to withhold (and agree to be ineligible to receive) Program Fees otherwise payable to you under this Agreement, regardless of whether it is directly related to such violation.
The Guide may be eligible to receive the following earnings under these Terms as part of the Program (collectively, the “Program Fees”):
Through Icarus a Guide can sell access to their own Icarus Travel Tour. The Traveler’s payment is made through the Icarus service. The Traveler’s transaction is withheld by 10% and the remainder makes up the Guide’s earnings.
Program Fees payable by Icarus will be paid monthly to the Guide, within thirty (30) days of the end of each calendar month, in Euros, less (a) billing and payment costs (which may include monthly processing and pre – commercial bank transaction and commissions); and (b) returns, refunds, chargebacks, discounts and credits; provided that he has promptly delivered to Icarus all the necessary and appropriate documentation to make the payment (for example, invoice and the like). If Icarus is obligated to pay any Program Earnings in a currency other than the Euro, we will convert those Program Fees at an exchange rate set by Icarus or its bank, which may include conversion fees and charges. To the Guide Icarus Will pay all Program Fees in a payment method that the Guide will choose from the payment options Icarus will make available for the Program. To ensure correct payment, the Guide is responsible for providing and maintaining accurate contact and payment information through Icarus. Any changes to contact and payment information will not be effective until at least seven days after being sent to Icarus. Icarus will not be obliged to make a payment if the total amount payable to the Guide under this Agreement is less than € 100 (the “Payment Threshold”), and may instead accrue this payment obligation until the your overall obligation towards the Guide is at least the Payment Threshold. If an overpayment has been made to the Guide for any reason, Icarus reserves the right to adjust or offset the same with any subsequent fees due to the Guide under this Agreement.
If at any time there has been no substantial activity on the Program Guide Guide account for at least twelve consecutive months and he has not earned at least € 100 in Program Fees during that twelve month period, Icarus will be entitled, after seven (7) days of written notice, to (i) close such inactive account and terminate this Agreement and (ii) deduct a maintenance fee from the remaining balance. The maintenance fee will be the lower of the Program Fees accumulated in the account or € 25. Any remaining balance will be paid to the Guide.
Each Guide, including each member of the Guide Team, appoints Icarus as the Guide’s payment collection agent solely for the limited purpose of accepting and processing, on behalf of the Guide, funds from Traveler Users who purchase Guide Services.
Each Guide, including each member of the Guide Team, accepts that the payment made by a Traveler User through Icarus is considered as a payment made directly to the Guide, and the Guide will provide the Guide Service booked by the Traveler User in the manner agreed as if the Guide had received the payment directly from the Traveler. Each Guide accepts that Icarus may reimburse the Traveler User in accordance with the Terms. Each Guide understands that Icarus’ obligation to pay for the Guide is subject to and subject to the successful receipt of the relative payments by the Traveler User. Icarus guarantees payments to Icarus Guides only for the amounts that have been successfully received by Icarus and that come from the Traveler Users in accordance with these Payment Terms. In accepting the assignment as an agent for the mere collection of payments of the Guide, Icarus assumes no responsibility for any acts or omissions of the Guide.
Each Traveler User acknowledges and accepts that regardless of whether Icarus is not a party to the agreement between you and the Traveler User, including any Guide Team Member, Icarus will act as the agent responsible for collecting payments for the sole purpose to accept payments from you on behalf of the Guide. Upon payment of funds to Icarus by a Traveler User, the Traveler User’s payment obligations towards the Guide for the agreed amount are extinguished and Icarus is responsible for paying to the Guides the funds successfully received by Icarus according to the methods described in these Payment Terms. In the event that Icarus does not pay these amounts, the Guide can only act against Icarus and not against the Traveler User directly.
The Guide will be given access to our dashboard which will provide data relating to Program Fees (“Monetization”). The Guide acknowledges and accepts that all data are and will always be the exclusive property of Icarus and will remain confidential information.
Icarus will pay any applicable national, state or local sales taxes or value added taxes that the Guide is legally obligated to charge (“Taxes”), provided that such Taxes are indicated on the original invoice that he will provide to us and his invoices. disclose these Taxes separately and meet the requirements for a valid tax invoice. Icarus may deduct or withhold any tax that we may be legally required to deduct or withhold from any payment made to the Guide under these Terms, and payment to the Guide as reduced by such deductions or withholdings will constitute full payment and settlement of such payment. under this agreement. During your participation in the Program, the Guide will provide us with any forms, documents or certifications that may be required to meet any information disclosure or withholding tax obligations in relation to any payment under these Terms.
When the Service requires or includes downloadable software (such as the Icarus Studio application), you authorize the software to automatically update on your device when a new version or feature becomes available, in accordance with your device settings. Unless the software is governed by additional terms that provide a license, Icarus grants you a personal, global, royalty-free, non-assignable and non-exclusive license to use the software provided by Icarus as part of the Service. This license is for the sole purpose of allowing you to use and enjoy the Service as provided by Icarus, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell or lease any part of the software, or reverse engineer or attempt to extract the source code of such software, unless the law prohibits such limitations or unless expressly authorized in writing by Icarus. .
Some software used in our Service may be offered under an open source license, and some of the content provided under an open source license may override some of these terms. If so, we will make this license available to you.
To the maximum extent permitted by applicable law, the User undertakes to indemnify, defend and hold harmless Icarus, its associated and controlled companies and each of its external suppliers, employees, officers, agents, third party suppliers, licensors and partners (individually and collectively , “Icarus Parties”) against any claim, loss, damage, request, expense, cost and liability, including legal fees and expenses, arising from or related to access, use or misuse by the User of the Icarus Services, of the User Content published, stored or otherwise transmitted on the Icarus Services through them, of the violation by the User of third party rights, of the violation by the User of the Conditions for the use of the service or from the failure to comply with the declarations and guarantees issued by the User. The User agrees to promptly notify the Icarus Parties of any third party claims and Icarus reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify Icarus. , who agrees to collaborate with Icarus in contesting such claims. Icarus will do everything reasonably possible to inform the User of such claims, actions or procedures as soon as it becomes aware of them.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE ICARUS SERVICES AND THE CONTENT AND MATERIALS INCLUDED THEREIN ARE MADE AVAILABLE “IN THE CONDITION IN WHICH THEY ARE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EXPRESSLY GRANTED IN WRITING BY ICARUS; (B) THE ICARUS PARTIES DISCLAIM ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THEREIN PURELY EXEMPLARY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP AND NON-COUNTERFEITING INFORMATION, INCLUDING THE ICAR SERVICES, INCLUDING THE SERVICES OR TO THE MATERIALS THAT ARE FOUND IN THEM; (C) ICARUS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS IN THE ICARUS SERVICES ARE ACCURATE, COMPLETE, RELIABLE, UP-TO-DATE, OR ERROR-FREE; (D) ICARUS DISCLAIMS ANY LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE TEXTS OR PHOTOGRAPHS; AND (E) EVEN IN ANY ATTEMPT TO SECURE ACCESS TO AND USE OF THE ICARUS SERVICES, ICARUS CANNOT WARRANT, AND DOES NOT WARRANT, THAT THE ICARUS SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE THE USER IS REQUIRED TO USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND REMOVE ANY VIRUSES PRESENT IN THE DOWNLOADED MATERIALS. INFORMATION AND RECOMMENDATIONS, WHETHER ORAL OR WRITTEN, YOU RECEIVE FROM ICARUS OR THROUGH THE ICARUS SERVICES DO NOT CONSTITUTE ANY EXPRESS OR IMPLIED WARRANTY IN ANY WAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL ICARUS AND THE ICARUS PARTIES BE LIABLE FOR DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, NOR FOR ANY OTHER DAMAGES OF ANY NATURE, INCLUDING THE PURPOSE OF ANY EXEMPLARY DRONE IN A NO FLY AREA, LOSS OF USE, LOSS OF PROFIT OR LOSS OF DATA, AS CONTRACTUAL, EXTRA-CONTRACTUAL LIABILITY (ALSO, FOR EXEMPLARY PURPOSE, BY NEGLIGENCE) OR OTHERWISE, DUE OR IN ANY WAY CONNECTED TO THE USE OR IMPOSSIBILITY TO USE THE ICARUS SERVICES, CONTENT OR MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED OR ARISING FROM THE USER’S RELIANCE ON INFORMATION OBTAINED FROM ICARUS, OR CAUSED BY ERRORS, OMISSIONS, OMISSIONS INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR NON-OPERATION, REGARDLESS OF THE FACT THAT THEY ARE CAUSED BY FORCE MAJEURE, COMMUNICATION MALFUNCTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ICARUS REGISTRATIONS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL ICARUS ‘TOTAL LIABILITY, UNDER CONTRACT, WARRANTY, EXTRA CONTRACTUAL (INCLUDING ACTIVE, PASSIVE OR PRESUMED NEGLIGENCE), PRODUCT LIABILITY, OBJECTIVE LIABILITY OR OTHER TITLE, CONSEQUENT TO USE OR IMPOSSIBILITY USING THE ICARUS SERVICES MAY EXCEED THE GREATER OF ANY AMOUNT PAID BY THE USER TO ACCESS THE ICARUS SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE CLAIM, AND ONE HUNDRED EUROS. TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY, ICARUS WILL LIMIT ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE FORESEEN LIMITATIONS OF LIABILITY ALSO APPLY TO DAMAGES INCURRED BY YOU AS A RESULT OF PRODUCTS OR SERVICES SOLD OR PROVIDED ON LINKED SITES OR BY THIRD PARTIES OTHER THAN ICARUS, WHICH YOU ENJOY THROUGH THE ICARUS SERVICES OR THAT ARE PUBLISHED ON , OR THAT YOU USE THROUGH LINKED SITES.
THE USER ACKNOWLEDGES AND AGREES THAT ICARUS HAS OFFERED THE ICARUS SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND OTHER INFORMATION, HAS SET THE RELEVANT PRICES AND HAS AGREED THESE CONDITIONS FOR USING THE SERVICE BY RELIABILITY ABOUT THE EXCLUSIONS OF WARRANTY AND THE LIMITATION OF LIABILITY PROVIDED, THAT THE EXCLUSIONS OF WARRANTY AND THE LIMITATION OF LIABILITY PROVIDED REPRESENT A REASONABLE AND EQUAL DISTRIBUTION OF RISK BETWEEN YOU AND ICARUS AND THAT THE EXCLUSIONS OF WARRANTY AND THE UNDERTAKING LIMITATIONS OF LIABILITY ESSENTIAL ELEMENT OF THE INTERCURSE NEGOTIATIONS BETWEEN THE USER AND ICARUS. IN THE ABSENCE OF SUCH LIMITATIONS ICARUS WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO THE USER IN ACCORDANCE WITH PRINCIPLES OF ECONOMY.
(i) To the maximum extent permitted by applicable law, the user and Icarus agree that if the user is a registered Organization or a consumer resident in a jurisdiction other than those referred to in point (ii) below, the following apply provisions on applicable law and arbitration:
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY PROVIDE DISPUTES WITH ICARUS TO ARBITRATE AND LIMIT THE WAYS IN WHICH YOU CAN SEEK REMEDIES FROM ICARUS.
The User and Icarus agree to settle by arbitration any disputes arising from these Conditions for the use of the service or from the use of the Service, with the exception that the User and Icarus will not be obliged to proceed with arbitration for disputes aimed at to obtain legal remedy for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION FORECLUDES THE POSSIBILITY OF APPLYING TO ORDINARY JUSTICE. The User and Icarus agree to communicate any disputes in writing within (30) days from the moment they arise. The notification to Icarus must be sent to: DEMCODE srls, Via Paolinelli 25, Marlia, 55014, Capannori (LU), Italy. The User and Icarus also agree: to attempt an informal resolution before proceeding with the arbitration; that the arbitration will take place in the forum of Lucca, Italy;
YOU AND ICARUS AGREE THAT ANY ACTION OR CAUSE IN CONNECTION WITH OR CONSEQUENTIAL TO THE ICARUS SERVICES MUST BE INTAKE WITHIN ONE (1) YEAR FROM THE TIME IN WHICH IT ARISES, PLEASE BE PRESCRIBED.
We may make changes to this Agreement, for example in order to adapt it to any changes to our Service or for legal or regulatory or safety reasons. Icarus will inform in reasonable advance of any substantial changes made to this Agreement and of the possibility of reviewing said changes. However, changes affecting newly available features of the Service or those made for legal reasons may take effect immediately. The changes will not be applied retroactively. If you do not agree to the modified terms, we encourage you to remove the uploaded Content and stop using the Service.
If you stop using the Service, you will still have to comply with the following terms of this Agreement: “Other Legal Terms”, “Agreement Information”. Furthermore, the licenses granted by you will remain valid in limited cases in the manner described under “Licensing to Icarus”.
Should any of the terms of this Agreement prove to be unenforceable for any reason, such unenforceability will not extend to the other terms.
Icarus may transfer this Agreement in whole or in part to an affiliated company or, if Icarus is sold, to a third party.
If you fail to comply with this Agreement, our failure to promptly take action will not be construed as a waiver of any rights we have (for example, the right to take action in the future).
If you are a resident of a country in the European Economic Area or Switzerland, this Agreement, and with it your relationship with Icarus under it, will be governed by the laws of your country of residence and legal proceedings may be brought in local courts.
With this Agreement, you specifically approve the following clauses: “Changes to the Service”, “Interruption of Events by Icarus” and “Limitation of Liability”.