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Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, PLEASE DO NOT USE THE SITE.
1. Acceptance of Terms of Use
These Terms of Use govern your use of NowOnTour and all services provided in connection with NowOnTour. If you do not agree to these Terms of Use, you may not register for or enter NowOnTour.
From time to time NowOnTour may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on NowOnTour to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
2. Registration Information
If you register with NowOnTour, you will be required to provide NowOnTour with the following information: your user name, email address, age, and password. NowOnTour reserves the right to terminate your NowOnTour account if NowOnTour learns that you have provided NowOnTour with false or misleading registration information.
3. Termination
NowOnTour reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration with or ability to access NowOnTour and/or any other service provided to you by NowOnTour upon any breach by you of the Terms of Use.
4. Modifications of these Terms of Use
NowOnTour reserves the right to change, modify, add or remove portions of the Terms of Use at any time, at its discretion. You will be notified by email of any such changes. If you log on to NowOnTour subsequent to receipt of such email, you will be deemed to have accepted any such changes. If you do not agree to any such changes in the Terms of Use as they may occur, please arrange to terminate your registration and use of NowOnTour immediately by (i) notifying NowOnTour of your unwillingness to accept the changes to the Terms of Use; and (ii) discontinuing your use of NowOnTour. Your continued use of NowOnTour will signify your acceptance of any change in the terms and conditions set forth herein.
5. Modifications of the NowOnTour Site
NowOnTour may modify or discontinue with or without notice to you and without liability to you or any third party. NowOnTour may change, suspend or discontinue any aspect of our services at any time, including the availability of any features or content, and may impose limits on certain features and services or restrict access to parts or all of the service without notice or liability.
6. Content of Messages
By using any or all NowOnTour databases and search features, you agree not to copy, gather, or duplicate any information. Concert listing database information is time sensitive and is consideration by Federal law a copyrighted work of compilation. The use of automated spiders or robots to farm data from NowOnTour databases is a copyright infringement that NowOnTour will pursue in the courts. All IPs are documented which access databased information and are tracked.
You alone are responsible for the content of your messages and the consequences of any such messages. NowOnTour reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. NowOnTour is to be used by you for your personal use only. Commercial uses of NowOnTour are strictly prohibited unless prior written consent from NowOnTour has been granted. You agree that you will not use NowOnTour for chain letters, junk mail, 'spamming,' advertising, solicitations of funds, goods or services (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use NowOnTour to send or post on message boards or any place on NowOnTour, any message or material that is unlawful, harassing, libelous, infringing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. While NowOnTour does not and cannot review every message posted, and is not responsible for any content of these messages, NowOnTour reserves the right to delete, move, or edit any such material that it deems to be in violation of these guidelines or of any copyright or trademark laws, in its sole discretion. NowOnTour will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section.
No guerilla marketing of any product on message boards or web site is acceptable under any circumstances. Agents, interns, or employees participating in such activites shall be terminated from NowOnTour.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of NowOnTour. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use NowOnTour to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You may not use NowOnTour to distribute in any manner any virus or corrupted data.
You acknowledge that (i) NowOnTour permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to NowOnTour, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on NowOnTour is not protected by Rights rests with you. You acknowledge that NowOnTour may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
7. Submissions
By submitting any content, including your member name, to any "public area" of NowOnTour, including message boards, forums, databases, contests and chat rooms, you grant NowOnTour and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on NowOnTour retains any and all rights that may exist in such content. This does NOT include any music in any form submitted to NowOnTour for review or any other reason.
NowOnTour welcomes your comments, feedback and input regarding NowOnTour services and tools through this Site. However, NowOnTour does not accept or consider any material for use in any of its features (including, but not limited to, demos, sketches, drawings, notes, stories, and tools), that has not been specifically requested by NowOnTour. Accordingly, NowOnTour asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to NowOnTour will become the property of NowOnTour, with NowOnTour exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest NowOnTour's rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON NOWONTOUR, YOU HEREBY EXPRESSLY PERMIT NOWONTOUR TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY NOWONTOUR IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
8. Personal and Noncommercial Use Limitation
This Web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell information, software, products or services obtained from this web site.
9. Third Party Services
NowOnTour may contain links to other related web sites, resources and/or sponsors of NowOnTour. WHEN YOU ACCESS ANY OF THESE SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SITES. NowOnTour is not responsible for the availability or content of these outside resources.
10. Registration and Password
You are responsible for maintaining the confidentiality of your personal information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NowOnTour of any unauthorized use of your registration or password.
11. Disclaimer of Warranties
THIS NOWONTOUR WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. NOWONTOUR DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NOWONTOUR DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NOWONTOUR IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT NOWONTOUR DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH NOWONTOUR. NOWONTOUR IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. NEITHER NOWONTOUR OR A REPRESENT ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH NOWONTOUR BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR OWN RISK.
NOWONTOUR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN NOWONTOUR IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOWONTOUR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOWONTOUR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH NOWONTOUR OR ANY TRANSACTIONS ENTERED INTO THROUGH NOWONTOUR.
NOWONTOUR IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES CONTAINED OUTSIDE THE NOWONTOUR SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against NowOnTour with respect to such sites.
12. Limitation of Liability
In no event will NowOnTour and/or its suppliers be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or ANY other person for any damages (including, without limitation, any direct, indirect, punitive, incidental, special or consequential damages) arising out of OR IN CONNECTION WITH ANY use of, inability to use or results of use of this site or any materials IN this site, even if NowOnTour or its representative has been advised of the possibility of such damages.
NOWONTOUR AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE NOWONTOUR OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH NOWONTOUR OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NOWONTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Promotional Messages
NowOnTour and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. NowOnTour makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither NowOnTour nor such third party shall have any liability with respect thereto.
14. Indemnification
You agree to indemnify and hold each of NowOnTour, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of NowOnTour, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
15. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the State of Utah, U.S.A., without reference to its choice of law rules. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts located at Salt Lake County, Utah with respect to any claim or suit arising out of or in connection with this Agreement or this Site, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
16. Remedies for Breach of these Terms by You
In the event that NowOnTour determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the NowOnTour site, NowOnTour reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to NowOnTour, (iii) discontinue your registration with NowOnTour and/or any other NowOnTour site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which NowOnTour deems to be appropriate.
17. Miscellaneous
No failure or forbearance on NowOnTour's part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this agreement shall affect the validity or enforceability of any remaining provisions.
NowOnTour may assign its rights and obligations under these Terms of Use and upon such assignment NowOnTour may be relieved of any further obligation hereunder.
You represent to NowOnTour that you have the authority to register with NowOnTour according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on NowOnTour) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior or contemporaneous agreements and understandings whether electronic, oral, or written, between the user and NowOnTour with respect to this web site. Any legally unenforceable provision of these Terms of Use will, at the election of NowOnTour, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
A printed version of this Terms of Use and any modifications thereto (pursuant to paragraph 5) will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NowOnTour reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and NowOnTour as a result of this agreement or use of this web site. You agree not to hold yourself out as a representative, agent, or employee of NowOnTour and NowOnTour shall not be liable for any of your representations, acts or omissions.
18. Copyright and Trademark Notices
All contents of this web site are: Copyright © NowOnTour, LLC. and/or its suppliers, 218 Main Street, Suite 748, Kirkland, Washington 98033 U.S.A. All rights reserved.
NowOnTour and/or services referenced herein are trademarks or registered trademarks of NowOnTour, LLC. Other product and company names mentioned herein are the property of their respective owners.
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