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TourIntel.com Terms of Service

By using the TourIntel.com web sites (“Service”), all of which are services of ArtistForce, Inc (“ArtistForce”) and Gen-Den Corporation DBA CelebrityAccess ("CelebrityAccess"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

ArtistForce is the developer and operator of the Service and CelebrityAccess is the exclusive sales agent, marketing partner and data provider of the Service.

ArtistForce and CelebrityAccess 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.TourIntel.com/terms.html

Violation of any of the terms below will result in the termination of your Account. While ArtistForce and CelebrityAccess prohibits such conduct and Content on the Service, you understand and agree that ArtistForce and/or CelebrityAccess ("TourIntel") 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.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. TourIntel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted, purchases made and activity that occurs under your account (even when Content is posted or purchases are made by others who have accounts under your account).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for all accounts.
  2. The Service is billed in advance on a credit-on-account basis. Purchases made using your credit card will appear on your billing statement as DRI*TOURINTEL.COM, DRI*ARTISTFORCE, or DRI*SOFTWARE. Account credits do not expire. Report purchases on the Service are deducted from pre-paid credit-on-account. There will be no refunds or credits for unused account credits or upgrade/downgrade refunds. In order to treat everyone equally, no exceptions will be made. If you have a question about a report purchase made on the Service or a charge on your credit card statement, please contact customer support by phone at (303) 350-1700 or via email at support at tourintel dot com.
  3. We log IP addresses and refer fraudulent transactions to law enforcement. We report fraudulent chargebacks to a third party collection agency.
  4. 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.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. TourIntel does not accept any liability for such loss.

Cancellation and Terminations

  1. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you require your account data, please contact TourIntel before you cancel your account and we can export your account data for a fee.
  2. TourIntel, 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 TourIntel 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. TourIntel reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices

  1. TourIntel 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.
  2. Prices of all Services, including but not limited to credit costs and report costs to use 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 TourIntel.com Site (www.TourIntel.com) or the Service itself.
  3. TourIntel shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All materials and information displayed on the Service are protected by copyright, and, unless otherwise indicated, are owned and controlled by ArtistForce, Inc. and/or Gen-Den Corporation DBA CelebrityAccess. You agree to abide by any and all copyright notices, information or restrictions contained on the Service. You may download and print materials displayed on the Service for your own personal use only. No information from the Service may be shared with other parties.
  2. By posting messages, uploading files, inputting data or engaging in any other form of communication to the Service, you hereby grant to ArtistForce, CelebrityAccess and TourIntel a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, make derivative works and otherwise exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against ArtistForce, CelebrityAccess and TourIntel for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. TourIntel takes your privacy seriously and has developed guidelines to further govern the collection and protection of your personal, membership-related information. Please see our Privacy Policy for details regarding how personal information is handled.
  3. TourIntel does not pre-screen Content, but TourIntel 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.
  4. The look and feel of the Service is copyright©2010 ArtistForce, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ArtistForce.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is available by telephone at (303) 350-1700.
  3. You understand that ArtistForce uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, industry data, payment processing and related technology required to run the Service.
  4. 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, ArtistForce, CelebrityAccess, TourIntel or any other ArtistForce or CelebrityAccess service.
  5. 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 TourIntel.
  6. 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.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TourIntel customer, employee, member, or officer will result in immediate account termination.
  8. 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.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by ArtistForce) of other TourIntel.com customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. TourIntel 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.
  13. You expressly understand and agree that TourIntel 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 TourIntel 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.
  14. ALTHOUGH ARTISTFORCE, CELEBRITYACCESS AND TOURINTEL STRIVE TO ENSURE THE INTEGRITY AND ACCURACY OF THE SERVICE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE ACCURACY OF INFORMATION CONTAINED IN THE SERVICE, INCLUDING BUT NOT LIMITED TO THE BOX OFFICE DATA PROVIDED, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS CONTAINED THEREIN. IN THE EVENT THAT ERRORS OR OMISSIONS ARISE, PLEASE INFORM TOURINTEL VIA EMAIL AT SUPPORT AT TOURINTEL DOT COM SO THAT THEY CAN BE CORRECTED. TOURINTEL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICE.
  15. THE SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND RELATED SERVICES. ARTISTFORCE, CELEBRITYACCESS AND TOURINTEL ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE AND RELATED SERVICES.
  16. You hereby agree to indemnify, defend and hold ArtistForce, CelebrityAccess and TourIntel, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively "the Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. You agree to cooperate fully as reasonably required in the defense of any claim. ArtistForce, CelebrityAccess and TourIntel, jointly and individually reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent from ArtistForce and CelebrityAccess.
  17. The failure of TourIntel 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, TourIntel and govern your use of the Service, superceding any prior agreements between you and TourIntel (including, but not limited to, any prior versions of the Terms of Service).
  18. Questions about the Terms of Service should be sent to support at TourIntel dot com.
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