Tuesday, January 06, 2009


Copyright 2008 - 2009, DotCom Your Event Inc. All Rights Reserved. Reproduction in whole or in part in any form or medium without express written permission of DotCom Your Event Inc. is prohibited. DotCom Your Event and the DotCom Your Event logo are registered trademarks of DotCom Your Event Inc. in Canada and the United States.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
New Client Sign up - Step 1: End User License Agreement:
Please read our EULA carefully. Before you proceed you must accept our end user license agreement.

Please click on the "ACCEPT" button at the bottom of this page to accept this license agreement and proceed to the next step.

We strongly recommend that you print a copy of this agreement and keep it for your records.

Tour Wizard
End Users License Agreement
End User License Agreement and Software License Agreement for the Tour Wizard Software

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE.

CONDITIONS OF THIS LICENSE IN SIMPLE TERMS (DO’S AND DON’TS):
(read this if nothing else)

Other than the standard terms and conditions and limits on liabilities in the EULA, here are the key elements of the EULA that you need to know:

The cost is $3 per ticket sold. The rate will apply whether the registrant takes the tour or not.

You can:
· Use the Tour Wizard software to create registration web pages for as many tour events as you like providing your account remains in good standing. (Section 2)
· Resell the services of the Tour Wizard to your end-user clients at whatever price you want. (Section 7)

You can not:
· Copy the Tour Wizard software in any shape or form. (Section 7)
· Set up your own reseller channel using the Tour Wizard software e.g. You can not sell it anyone who subsequently resells it again. (Section 7)
· Let anyone outside your company to use your copy of the Tour Wizard software at any time to produce online registration web pages for themselves. (Section 7)
· Reveal your account-level password to the Tour Wizard software to anyone outside your company. (Section 4)

Penalty:
If you violate these terms then we can cancel your access to the Tour Wizard software without refunding any monies paid by you for the use of the software. Plus any registration data collected to date will be lost. (Section 7)


1. GRANT OF LICENSE:

The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to DotCom Your Event Inc.'s ("doing business as DotCom Your Event") Tour Wizard Services and your use of the data you obtain by use of the Services. DotCom Your Event grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in DotCom Your Event Inc. or its third party suppliers, as the case may be.

2. SERVICES TO BE RENDERED AND DELIVERY OF SERVICES

DotCom Your Event offers the Tour Wizard services (“Services”) on an "as is" basis. Through the Services, DotCom Your Event provides marketing tools, information, information management and storage and support. Users can create online registration forms using the Services to register attendees to an unlimited number of tour events. The User acknowledges that DotCom Your Event does not create any content and that DotCom Your Event is not the author or the publisher of any event. The User further acknowledges that DotCom Your Event does not rent or sell email lists. DotCom Your Event reserves the right, but is not obligated to, review and approve any content posted by Users. DotCom Your Event retains the right to cancel and delete any event violating responsible Usage Rules as defined by DotCom Your Event. DotCom Your Event disclaims all copyright and other rights in such content and all responsibility for them.

By permitting online registration for events, DotCom Your Event makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter. DotCom Your Event specifically disclaims liability for direct, consequential or incidental damages arising from such events. By posting an online registration form for an event using the Tour Wizard software, User warrants that the content is true, and that User will indemnify DotCom Your Event against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the Services. User will also indemnify DotCom Your Event in the event that DotCom Your Event shares the User's name with third parties for violations of Usage Rules. By using DotCom Your Event Services, the User is giving DotCom Your Event permission to copy and/or store User content, contact lists and other information. DotCom Your Event will not use the User content, contact lists or other User information for any purpose that violates the DotCom Your Event privacy policy.

As part of the Services, DotCom Your Event may notify the User, at the email address provided to DotCom Your Event during User registration or as updated at any future time by the User, when the User event has been created. DotCom Your Event will use reasonable efforts to ensure posting of the User event at the scheduled time. However, the User will not hold DotCom Your Event liable for any delays in the creation of the User’s online registration forms for a tour event. DotCom Your Event also reserves the right to limit the number of tour events that can be established at any time.

3. ELIGIBILITY

The Services are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use the Services. You will provide true, accurate, current information about yourself as requested by the sign up, registration or billing process. DotCom Your Event may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. DotCom Your Event retains the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete.

4. ACCOUNT PASSWORD AND SECURITY

The User is responsible for maintaining confidentiality of its user name and password. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User can not give its username and password to anyone outside the User’s company without being in violation of the USAGE RULES (Section 7). The User may give their client for whom they created an online registration form, the Event Code password so their client can access their own event registration data. The User is to immediately notify DotCom Your Event of any unauthorized use of the account or any breach of security.

5. MODIFICATIONS TO THE SERVICES

DotCom Your Event reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and DotCom Your Event is not obligated to support or update the Services. DotCom Your Event will not be liable to the User or any third party in the event that DotCom Your Event exercises its rights to modify or discontinue the Services.

6. MODIFICATION OF TERMS AND CONDITIONS

DotCom Your Event may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to Tour Wizard hosted site. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the initial posting date of modifications made by DotCom Your Event, User agrees to be bound by the Agreement as amended. If at any time, User disagrees with the terms and conditions of this Agreement, User may terminate this Agreement as provided below.

7. USAGE RULES

The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws.

With regards to online registration for events, the User specifically agrees not to:

a. Use the services for any unlawful purposes.
b. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
c. Send, submit, or publish any sexually explicit images or material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by DotCom Your Event to be offensive.
d. Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by DotCom Your Event.
e. Encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state or federal law.
f. Impersonate any person, including but not limited to, an official of DotCom Your Event or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.
g. Upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.
h. Send or publish content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
i. Send or publish content that contains links to web pages that contains nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).

The User agrees that the use of the Tour Wizard software and services is for their use and their clients use only. The User may create online registration forms for tour events for the User’s clients and resell such services at whatever price the User establishes between themselves and their client. HOWEVER, the User agrees NOT to sell the Tour Wizard services or create online registration forms for another person or company whose intent is to resell the use of the Tour Wizard and software and services to another person or company.

The User agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The User also agrees not to remove any proprietary notices or labels from the Services or any software, modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall be used for the Users own internal business purposes only.

The User agrees not to remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restriction, laws or regulations of the United States or any other country.

In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by DotCom Your Event, DotCom Your Event reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. DotCom Your Event also reserves the right to modify the Users data with email notice provided to the User within one business day. In addition, if DotCom Your Event gets any complaints from the User's use of the Services, being complaints from registered attendees to a tour event, email recipients, ISPs, domain name providers, or other complaints, DotCom Your Event reserves the right to share the User's name and the fact that there have been complaints, with any third party, including other providers of email marketing services.

8. USE AND STORAGE

DotCom Your Event may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. We may establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through our Services and the maximum number of occasions that the User may access the Services in a given period of time. DotCom Your Event has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time DotCom Your Event may determine that User information can no longer be stored by DotCom Your Event or deem User information to be inappropriate and remove it from its databases with or without notice to the User.

DotCom Your Event does periodic backups of the User data. However, DotCom Your Event is not responsible for the backup and re-creation of the User data if a failure should occur. It is the User’s responsibility to perform regular backups of their data by downloading the data to their personal computer. In the event of a failure, DotCom Your Event, on a best-efforts basis, will recover the latest version of the User data supplied by the User or by DotCom Your Event at no cost to the User.

If the User does not log into its account for more than 365 days, the account will become inactive. When an account is inactive, at DotCom Your Event's sole discretion, DotCom Your Event will notify the User by email. Inactive accounts have 30 days to become active or the account and its data may be permanently removed from the DotCom Your Event databases.

9. CHARGES FOR SERVICES

The Services are charged at a rate of $3 per ticket sold. The rate will apply whether the registrant takes the tour or not. Pricing may vary at any time based on changes to fee schedules. The User is responsible for reviewing the pricing and remaining aware of the fees charged by DotCom Your Event.

At the end of each month an invoice will be created and an email notification will be sent with a link to the invoice. Payment of the invoice will be made by credit cards accepted by DotCom Your Event. Payment terms are upon receipt of the email notification. User hereby authorizes DotCom Your Event to charge the User's credit card for services.

More information on pricing please contact Sales at DotCom Your Event at 1-877-778-7873 or by email at sales@DotComYourEvent.com.

In the event that the User fails to pay for the Tour Wizard services, DotCom Your Event reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data.

10. OWNERSHIP OF PROPRIETARY INFORMATION

The User acknowledges and agrees that the Services and DotCom Your Event and Tour Wizard logos and trade names are the property of DotCom Your Event or its affiliates or suppliers. User also acknowledges that DotCom Your Event owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.

"DotCom Your Event", "Tour Wizard", the DotCom Your Event logo and the Tour Wizard logo are trademarks of DotCom Your Event. All other marks that appear throughout the Services are the property of their respective owners. The User fully understands and acknowledges that they are not granted any right or license whatsoever to use any of the marks and logos owned by DotCom Your Event or of any such other entity, and that all such uses of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of DotCom Your Event.

The User understands that the DotCom Your Event Services and its website also contain or may contain copyrighted or other proprietary materials of DotCom Your Event, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services or the DotCom Your Event website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of DotCom Your Event.

11. DISCLAIMER OF WARRANTIES

At DotCom Your Event's request, the User agrees to defend, indemnify and to hold harmless DotCom Your Event, its officers, directors and employees from any claims arising from the User's use of DotCom Your Event Services or the User's breach of the Terms of service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY DOTCOM YOUR EVENT ON AN "AS IS" BASIS, AND DOTCOM YOUR EVENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.

IN NO EVENT WILL DOTCOM YOUR EVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, DOTCOM YOUR EVENT WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF DOTCOM YOUR EVENT's SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

DOTCOM YOUR EVENT, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO DOTCOM YOUR EVENT WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).

12. TERMINATION

This Agreement may be terminated by DotCom Your Event at any time; and by the User upon prior written or email notice to DotCom Your Event. The termination of the Agreement by either party will not affect (i) the User obligation to pay the charges incurred for services consumed, of (ii) DotCom Your Event's responsibility to return the Users funds for Services not consumed in the event that the User has prepaid for an annual plan for Services, save and except for an $25.00 cancellation fee. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

Upon termination by DotCom Your Event, the User's right to use the Services will terminate immediately. The User acknowledges and agrees that DotCom Your Event may remove the User's files and information.

13. MISCELLANEOUS

User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the user or any third party), Usernames, passwords, look, feel and functionality of the services are the property of DotCom Your Event or in the case of services being offered by DotCom Your Event's partners under approved distribution agreements, the property of DotCom Your Event's partners.

These terms and conditions represent the complete, final and exclusive agreement between DotCom Your Event and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between DotCom Your Event and the User.

The laws of the Province of Ontario, Canada will govern this Agreement. If any of the provisions of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected.