Terms of Service
We run an events listing and ticket selling website service called The Tour Trail and would love for you to use it. Our service is free, and we make our revenue by taking a percentage of ticketing sales through our website. Our service is designed to give you as much control and ownership over what goes on your site as possible and provide you with control over the growth of your band or venue. However, please be responsible when using our service. If you are a band or venue, please keep the best interests of your fans in mind and act accordingly.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Tour Trail, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Account and Site. If you create a page on the Website, you are responsible for maintaining the security of your account and event listings page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the event listings page. You must not describe or assign keywords to your event listings page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Tour Trail may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Tour Trail liability. You must immediately notify The Tour Trail of any unauthorized uses of your event listings page, your account or any other breaches of security. The Tour Trail will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you operate an events listings page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your event listings page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your event listings page is not named in a manner that misleads your fans into thinking that you are another person or company. For example, your event listings page's URL or name is not the name of a person other than yourself or company other than your own; and
By submitting Content to The Tour Trail for inclusion on your Website, you grant The Tour Trail a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your page. If you delete Content, The Tour Trail will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Tour Trail has the right (though not the obligation) to, in The Tour Trail's sole discretion (i) refuse or remove any content that, in The Tour Trail's reasonable opinion, violates any The Tour Trail policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Tour Trail's sole discretion. The Tour Trail will have no obligation to provide a refund of any amounts previously paid.
- Ticketing Services - Fans
You may purchase tickets from a band or venue through the Website (each such purchase is a “Transaction”). All inquiries regarding Transactions will be directed to the relevant band or venue. The Tour Trail is not responsible for refunds for Transactions. You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.
- Ticketing Services - Event Hosters
You will set the prices for your tickets that are charged through Transactions (the “Prices”) through the Website, and you may change the Prices at your sole discretion.
Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions in accordance with the rate schedule set forth at thetourtrail.com/pricing. You shall be solely responsible and liable for, and The Tour Trail shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on The Tour Trail's PayPal account), credit card transaction fees, disputed payments and refunds.
Payments received from users for Transactions shall be directed to you, provided that if there is an outstanding Revenue Share owed to The Tour Trail, such payments may be directed to The Tour Trail in accordance with Company’s standard policies.
The Tour Trail retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Website or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of The Tour Trail, and to correct any inaccurate listing or technical problems on the Website.
- Responsibility of Website Visitors. The Tour Trail has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Tour Trail does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful, destructive or misleading content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Tour Trail disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which The Tour Trail links, and that link to The Tour Trail. The Tour Trail does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-The-Tour-Trail website or webpage, The Tour Trail does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Tour Trail disclaims any responsibility for any harm resulting from your use of non-The-Tour-Trail websites and webpages.
- Copyright Infringement and DMCA Policy. As The Tour Trail asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Tour Trail violates your copyright, you are encouraged to notify The Tour Trail in accordance with the Digital Millennium Copyright Act Policy. The Tour Trail will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Tour Trail will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Tour Trail or others. In the case of such termination, The Tour Trail will have no obligation to provide a refund of any amounts previously paid to The Tour Trail.
- Intellectual Property. This Agreement does not transfer from The Tour Trail to you any The Tour Trail or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Tour Trail. The Tour Trail, TheTourTrail.com, the TheTourTrail.com logo, and all other trademarks, service marks, graphics and logos used in connection with TheTourTrail.com, or the Website are trademarks or registered trademarks of The Tour Trail or The Tour Trail's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Tour Trail or third-party trademarks.
- Changes. The Tour Trail reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Tour Trail may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. The Tour Trail may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. The Tour Trail and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Tour Trail nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will The Tour Trail, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Tour Trail under this agreement during the twelve (12) month period prior to the cause of action. The Tour Trail shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless The Tour Trail, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. Because The Tour Trail is not the buyer or seller in any actual Transaction between bands or venues and fans and is not the agent of either for any purpose, The Tour Trail does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.
This Agreement constitutes the entire agreement between The Tour Trail and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Tour Trail, or by the posting by The Tour Trail of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Australia, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sydney, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Tour Trail may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service is adapted from WordPress.com's Terms of Services which is provided under a creative commons license.
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