Welcome to PlanItTour.com (hereinafter, "Website"), an online service operated by PlanItTour.com, LLC ("Company") is for performing artists(PERFORMERS) talent buyers(VENUE) and other companies (SPONSORS) to post and edit performance contracts,sales contracts and riders online. By using the the "Website" you agree to be bound by these Terms of Use (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the Website (the "Service(s)"), you must read this Agreement and indicate your acceptance of it by clicking the check box in the Registration form.

 

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service,which may be modified by Company from time to time, such modifications to be effective upon posting by Company on the Website. This Agreement includes Company's Acceptable Use Policy for Content posted on the Website, Company's Privacy Policy, and any notices regarding the Website. You may receive a copy of this Agreement by emailing us at:

webmaster@planittour.com (Subject: PlanItTour.com Terms of Use Agreement).

 

1)      Eligibility. You must be at least eighteen years of age to register as a Member of the Website and to use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you are at least eighteen (18) years of age; that you have the right, authority, and capacity to enter into this Agreement; and that you agree to abide by all of the terms and conditions of this Agreement.

 

2)      Term. This Agreement will remain in full force and effect while you use the Website or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Delete Account" page in "Account Settings," or upon receipt by Company of your written notice of termination. Company may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to CompanyEven after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.

 

3)      Misuse By Members. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate action will be taken, including without limitation, termination of membership from the Website, as well as civil, criminal, and injunctive redress.

 

4)      Proprietary Rights in Content on Website. Company owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Company and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

5)      Content Posted on the Site.

 

a)      You understand and agree that Company may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Company violates this Agreement or which might be considered offensive, illegal, that might violate the rights, harm, or threaten the safety of other Members or in any way be deemed unsuitable by Company.

b)      You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c)      The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Company reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Website and terminating the membership of such violators. Such list includes, but is not limited to, Content that:

i)        is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii)      harasses or advocates harassment of another person;

iii)    involves the transmission of so-called "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iv)    promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

v)      promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

vi)    contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

vii)  provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

viii)            provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix)    solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

x)      engages in commercial activities and/or sales without the prior written consent of Company, such as contests, sweepstakes, barter, advertising, and pyramid schemes.

xi)    You must use the Website in a manner consistent with any and all applicable laws and regulations.

xii)  You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. Although Company cannot control, monitor or be held responsible for the conduct of its Members outside of the Website, it is also a violation of this Agreement to use any information obtained from the Website in order to harass, abuse, threaten or harm another person, or in order to contact, advertise to, solicit or sell to any Member without such Member's prior explicit consent. In order to protect our Members from such advertising or solicitation, Company reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Company deems appropriate in its sole discretion.

 

6)      Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be sent to Company at: 127 powersferry rd, Marietta GA 30067.

 

7)      Member Disputes. You are solely responsible for your interactions with other Members. Companyreserves the right, but has no obligation, to monitor disputes between you and other Members.

 

8)      Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

 

9)      Disclaimers. P.I.T. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website..Company is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Company is not responsible for any problems or technical malfunction of any networks, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Companybe responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Company cannot guarantee and does not promise any specific results from use of the Website or the Service.

 

i)        Company is not a licensed booking agent/agency nor is it a representative for any performers, Member or user listed on or found through the Website. The Website is a meeting place for performers and talent buyers to exchange personalized contracts (created by and voluntarily entered into by the performers and talent buyers). We assume no legal responsibility or any damages resulting from use of this Website and these Services by talent buyers or performers and are not liable for any contracts created between performers and/or talent buyers on this Website.

 

10)  Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits and opportunity costs arising from your use of the Website, even if Company has been notified of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the Service during the term of membership.

 

11)  Email Newsletter Subscription. By accepting and entering into this Agreement, you give Companythe right to send you advertisements promoting deals or the deals of Company's partners electronically via email. Company will never sell your information to other companies or outside sponsors. You may opt-out of such mailings through the Website. Opting-out of such emails will not cancel or forfeit your membership in the Website.

 

12)  Disputes. If there is any dispute about or involving the Website and/or the Service, you hereby agree that the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Georgia, County of Cobb, and City of Marietta.

 

13)  Indemnity. You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Websitein violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

14)  Other. This Agreement, including all references made herein,contains the entire agreement between you and Companyregarding the use of the Website and the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.