Terms of Service
Acknowledgment & Acceptance
By enrolling and/or using the Tourcaster Program (the "Program"), you
acknowledge that you have read and understand this Agreement ("Agreement") and
you agree to be bound by the terms and conditions of this Agreement.
Program Description
The Program is owned and operated by Tourcaster.com, Inc. ("Tourcaster.com").
Program members ("Members") may earn points ("Points") by: (i) taking advantage of Point-earning opportunities through
the Program and on certain third-party web sites, as specified by
Tourcaster.com; (ii) responding to offers from participating advertisers and
Tourcaster.com partners via email, postal mail or telephone; and (iii)
complying with the terms of other offers or programs from Tourcaster.com or
other participating companies.
Communications with Members
Tourcaster.com reserves the right to send you messages from time to time for
which you will not earn Points ("Administrative Messages"). Administrative
Messages may include system updates, flash bulletins, order confirmations,
administrative announcements, special requests and other similar messages and
may be sent to you via email or regular mail. Tourcaster.com
is under no obligation to provide you with any particular number of
Point-earning opportunities or send messages to you.
Privacy Policy
Tourcaster.com shall maintain the privacy of Members' personal information to
the extent set forth under our Privacy Policy (the "Privacy Policy"), the terms
of which are incorporated into this Agreement by reference.
Terms of Participation
Only individuals 18 years or older may enroll in the Program and become
Members. Corporations or other
business entities are not eligible to become Members.
Program membership and the right to use the Program is limited to one
individual per Member account and one Member account per individual.
Each Member shall only have only one email address registered with the
Program.
You shall provide only true and accurate information to Tourcaster.com
(including to its advertisers and partners) at all times.
You shall comply with the terms of all Program and Tourcaster.com advertiser
and partner offers, promotions, and programs at all times.
While using the Program, you shall not:
(i) infringe any patent, trademark, trade secret, copyright, right of publicity
or other right of any party; (ii) disrupt or interfere with the security or use
of the Program or any web sites connected with the Program; (iii) interfere
with or damage the Program's web site (the ‘Web Site"), including, without
limitation, through the use of viruses, cancel bots, Trojan horses, harmful
code, flood pings, denial of service attacks, packet or IP spoofing, forged
routing or electronic mail address information, or similar methods or
technology; (iv) impersonate another person or entity, misrepresent your
affiliation with a person or entity, including (without limitation)
Tourcaster.com, or use a false identity; (v) attempt to obtain unauthorized
access to the Web Site or portions of the Web Site that are restricted from
general access; (vi) collect, manually or through an automatic process,
information about other users without their express consent or other
information relating to the Web Site or the Program; (vii) submit false or
misleading information to Tourcaster.com; (ix) engage in any activity that
interferes with any third party's ability to use or enjoy the Web Site or
Program; or (x) assist any third party in engaging in any activity prohibited
by this Agreement.
You shall not attempt to abuse Program privileges or defraud Tourcaster.com,
including without limitation, by attempting to accrue Points or spend Points in
a manner inconsistent with the rules of the Program, attempting to earn Points
through any channels that have not been approved by Tourcaster.com,
participating in purchasing or redemption fraud, or tampering with Program
award links.
Tourcaster.com reserves the right to terminate or disable, in Tourcaster.com's
sole discretion, any Member's account or membership if Tourcaster.com believes
such Member has violated or acted inconsistently with the rules of the Program
or intent of this Agreement. You understand that disabling of your account will
result in your inability to redeem or earn Points. You
understand that termination of membership will result in the cancellation of
all of your Points.
Tourcaster.com shall make determinations, in its sole discretion, with regard
to cases of suspected abuse, fraud, or violation of Program rules, and any
determination it makes, including, without limitation, termination of a
Member's membership (including cancellation of Points), shall be final and
binding.
Tourcaster.com reserves the right to adjust any Member's Point balance with
award reversals for items returned or transactions not completed or cancelled.
A pattern of placing orders followed by cancellations will be construed as
purchasing fraud and could result in the termination of a Member's account.
Points may be spent only on rewards as offered through Tourcaster.com at the
time of redemption.
Points have no cash value.
Tourcaster.com is not responsible for lost or stolen rewards once issued.
Rewards are subject to change at any time without notice. The number of Points
required to redeem for a reward are subject to change at any time without
notice. Points will be subtracted
from a Member's account once the redemption order is placed by the Member with
the Program. Once used to claim a
reward, Points will not be reinstated to Member's account.
In conjunction with spending Points for rewards, you agree to confirm that all
information in your personal profile is up-to-date and accurate.
You agree to promptly notify Tourcaster.com of any change in your
address (mail or email) or personal profile by updating your personal
information. Your discontinued participation in the Program or failure to
notify Tourcaster.com of any address (mail or email) or profile changes may
result in the termination, at the sole discretion of Tourcaster.com, of your
membership and forfeiture of your unredeemed Points.
Tourcaster.com reserves the right to cancel or disable accounts
and expire unredeemed Points in those accounts that are inactive for a period
of 12 consecutive months. "Inactive"
shall mean lack of any one of the following: Web Site visits, email responses
via click thru, survey completions, profile updates or any Point-earning or
spending transactions.
Tourcaster.com reserves the right to limit the opportunities to earn Points
available to a Member while such Member remains inactive.
You agree that you will comply with all applicable laws, rules, and
regulations, and you acknowledge that you may only participate in the Program
if and to the extent that such participation is permitted by such laws, rules,
and regulations. Tourcaster.com refuses to enroll a Member, or shall restrict,
modify, or terminate a Member's participation in the Program, without liability
to such Member or any other party, if the Member violates any law, rule, or
regulation, or if the Member's participation in the Program could violate any
law, rule, or regulation.
International Users
The Web Site is hosted on servers in the United States and all information
collected by Tourcaster.com from the Web Site will be collected, stored, used
and otherwise processed in the United States, including information voluntarily
provided by users outside the United States.
By accessing and using the Web Site, you consent to the transfer to and use of
your information in the United States in accordance with the Privacy Policy.
Reservation of Rights
Tourcaster.com reserves the right to limit Program enrollment at any time.
Tourcaster.com reserves the right, but does not assume the obligation, to
monitor transactions and communications that occur through the Web Site.
If Tourcaster.com determines, in its sole and absolute discretion, that
you or another Member have breached a term or condition of this Agreement or
that such transaction or communication is inappropriate, Tourcaster.com may
cancel such transaction or take any other action to restrict access to or the
availability of any material that may be considered objectionable, without any
liability to you or any third party.
Tourcaster.com may modify the Program at any time with or without notice to
you, and will incur no liability for doing so.
Submissions
When you submit questions, comments, suggestions, ideas, message board
postings, material submitted via web forms, contest entries, communications or
any other information ("Submissions"), you grant Tourcaster.com permission to
use such Submissions for marketing and other promotional purposes, including
the right to sublicense. You agree that Tourcaster.com will have no obligation
to keep any Submissions confidential. You will not bring a claim against
Tourcaster.com based on "moral rights" or the likes arising from
Tourcaster.com's use of a Submission.
Disclaimer of Warranties
Each Member
expressly agrees that use of the Program is at such Member's sole risk.
The Program
and all PRODUCTS AND services offered therein are provided on a strictly "as
is" and "as available" basis. TOURCASTER.COM MAKES NO WARRANTY: (i)
WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH
THE PROGRAM OR THROUGH PROGRAM ADVERTISERS OR PARTNERS; (ii) THAT THE PROGRAM
WILL MEET MEMBERS' REQUIREMENTS; (iii) THAT USE OF THE PROGRAM OR THE WEB SITE
WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; OR (iii) AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE PROGRAM.
Tourcaster.com
expressly disclaims any and all express and implied warranties, including, but
not limited to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. Tourcaster.com shall not be liable or
responsible for those guarantees, warranties, and representations, if any,
offered by Program advertisers, partners, manufacturers of merchandise, or
suppliers of services. No advice
or information, whether oral or written, obtained by Member from Tourcaster.com
or through the Program shall create any warranty not expressly made herein.
Exclusion of Damages and Limitation
of Liability
TOURCASTER.COM WILL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT
OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PROGRAM, BASED ON
ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In
no event WILL Tourcaster.com's liability, either jointly or severally, to ANY
MEMBER OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR THE
WEB SITE exceed $100.
Tourcaster.com
is not responsible for damages or losses that result from participating or
inability to participate in the Program, or reliance on or use of information,
services, or merchandise provided on or through the Program.
You acknowledge and agree that Tourcaster.com neither endorses the contents of
advertisements or third parties' web sites, nor assumes responsibility or
liability for the accuracy of material contained therein, or any infringement
of third party intellectual property rights arising therefrom, or any fraud or
other crime facilitated thereby.
Tourcaster.com is not responsible and assumes no liability for changes or
discontinuances of service from providers which may affect offers or the
accrual of Points.
Participation in Promotions of
Advertisers and Merchants
Your correspondence with or participation in promotions of Program advertisers
and partners is solely between you and the respective advertiser or partner.
Tourcaster.com assumes no liability, obligation, or responsibility for any part
of any such correspondence or promotion, including without limitation
withdrawal or modification of any offer or promotion.
You acknowledge and agree that, in some cases, there may be delay in the
crediting of Points for promotions of advertisers or partners due to
advertiser's or partner's failure to provide necessary information to
Tourcaster.com for such crediting of Points.
Tourcaster.com will not be responsible or liable for the delay or failure to
credit Points in such event.
Third Party Services
In addition to the uses of your personal information set forth in the
Privacy Policy, Tourcaster.com may on occasion share selected personal
information regarding Members with third parties for the limited purposes of
data verification and supplementation.
Such third parties shall be strictly bound by the terms of the Privacy Policy
and will agree to maintain the confidentiality and protection of Member
personal information at all times.
Termination
AT ANY TIME EITHER YOU OR TOURCASTER.COM MAY TERMINATE YOUR MEMBERSHIP IN THE
PROGRAM WITH OR WITHOUT CAUSE. YOUR
RIGHT TO USE YOUR MEMBERSHIP AND ACCOUNT WILL IMMEDIATELY CEASE UPON
TERMINATION AND ALL OF YOUR UNREDEEMED POINTS WILL BE CANCELLED.
Termination of a Member's membership by that Member is effective upon the
receipt by Tourcaster.com of a termination request from the Member.
You acknowledge and agree that, in some cases, you may still
receive messages in connection with the Program (which may or may not have been
scheduled prior to the termination of your membership) after termination. No
Member may accrue Points after the termination of such Member's account.
Should you object to any of the terms and conditions of this Agreement, or any
subsequent modifications hereto, or become dissatisfied with the Program, your
only recourse is to immediately discontinue participation in the Program and
properly terminate your membership.
Tourcaster.com reserves the right to immediately terminate the membership of
any Member who appears to be using the Program in a manner inconsistent with
this Agreement, the intent of this Agreement, or any Program rules.
Non-Transferability
Each Member's right to use the Program is non-transferable.
Points are non-transferable and are void if transferred.
Program accounts and Points are not transferable upon death or
as part of a domestic relations matter or otherwise by operation of law.
A Member's membership will terminate immediately in the event of such
Member's death. Points and/or
rewards may not be bartered or sold.
Proprietary Rights to Content and
other Intellectual Property
You acknowledge and agree that all Program content (including but not limited
to text, sound, photographs, graphics, or other material contained in any
Program communication, advertisements, or messages, whether by Tourcaster.com
or Tourcaster.com's advertisers or partners), service and software are
protected by copyrights, trademarks, service marks, patents, and/or other
proprietary rights and laws; therefore, you are only permitted to use content,
service, or software as expressly authorized by Tourcaster.com, its advertisers
and partners, as the case may be. You
hereby acknowledge that any use of such content, service or software is for the
sole benefit of Tourcaster.Com and all goodwill generated by such use will
inure to Tourcaster.com.
Tourcaster.com or its advertisers or partners, as the case may be, will retain
ownership of its respective intellectual property rights and you may not obtain
any rights therein by virtue of this Agreement or otherwise.
Notwithstanding the foregoing, you may use the content and materials on
the Web Site and available through the Program in the normal course of your use
of the Web Site and Program. You
may not use any third-party intellectual property without the express written
permissions of the applicable third party, except as permitted by law.
You agree not to forward any Program offers or promotions to others without
first obtaining the express written permission of Tourcaster.com; Program
offers are specific to each Member's membership unless otherwise stated.
Modifications
Tourcaster.com reserves the right to change this Agreement, and/or any part
hereof, at any time. You
understand that the most recent version of this Agreement will be located on
the Web Site.
Your non-termination or continued use of Tourcaster constitutes an affirmative
acknowledgment of any modification to this Agreement and you consent to abide
and be bound by any terms thereof. At
any time, if you do not agree with the Agreement, as modified or amended, you
may terminate your membership.
Tourcaster.com reserves the right to modify or discontinue the Program with or
without notice to Members.
Tourcaster.com shall not be liable to you or any third party should
Tourcaster.com exercise its right to modify or discontinue the Program.
Notices
All notices given by Tourcaster.com to you will be given by email, regular mail
or by general posting on the Web Site.
Indemnification
You agree to indemnify, defend and hold Tourcaster.com, its affiliates,
officers, and employees harmless from any claim, demand, expense, or damage,
including court costs and reasonable attorneys' and experts' fees based on or
relating to your use of the Program or violation of this Agreement.
Miscellaneous
Any dispute or claim arising out of or in relation to this Agreement, or the
interpretation, making, performance, breach, or termination thereof, shall be
finally settled by binding arbitration in Los Angeles, California, under the
Commercial Arbitration Rules (the "Rules") of the American Arbitration
Association by three arbitrators appointed in accordance with said Rules.
Judgment on the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof.
You and Tourcaster.com agree that, any provision of applicable law
notwithstanding, neither party will request, and the arbitrators shall have no
authority to award, punitive or exemplary damages against the other party.
This contract shall be governed by the law of the State of California,
excluding its conflict of law principles. The arbitration proceedings shall be
governed by federal arbitration law and by the Rules, without reference to
state arbitration law.
This Agreement constitutes the complete and exclusive understanding between you
and Tourcaster.com relating to the subject matter hereof and supersedes all
prior or contemporaneous understandings, agreements, communications, and/or
advertising with respect to such subject matter.
If any provision(s) of this Agreement is held to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect.
Tourcaster.com's failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Tourcaster.com in writing.
|