Terms and Conditions
Updated April 13, 2012
Acceptance of Terms
Welcome to the TourKick LLC’s Terms and Conditions of Service (“TOS”), which apply to all TourKick LLC, TourKick.com, and other TourKick viewers, clients, and other users. “TourKick” includes but is not limited to all our web presences, our digital and physical services, and our business, staff, agents, and representatives.
Your use of TourKick is subject to these TOS. TourKick reserves the right to update and change the TOS from time to time without notice or acceptance. By placing an order, having an authorized representative place an order on your behalf, receiving an order, viewing the site, working with or for us, or otherwise interacting with TourKick, you signify your acceptance of these TOS.
Any and all included references, whether by hyperlink or otherwise, are included as part of the TOS. TourKick may provide you with additional services upon your request, for which an agreement may be required in addition to these TOS.
By agreeing to the TourKick TOS, you are agreeing to the respective TOS of all of TourKick’s used or partnered sites to/from which content is delivered, if any.
If any of these TOS are determined to be unlawful or otherwise not applicable, the rest of the TOS shall not be voided.
- To learn more about or contact TourKick, please visit our home page (link opens in a new window), reply to one of the emails you received from us, or utilize our Contact Us form (link opens in a new window). The following is TourKick’s official contact information:
c/o Clifford Paulick
12324 E 86th St N, Suite 225
Owasso, OK 74055
Our phone number is 918-409-2543.
Special Requests / Customization
- We appreciate your interest in our services and are happy to entertain all of your special requests. All requests outside the scope of our standard media package require customized pricing. Please reference our Other Services (link opens in a new window), then Contact Us (link opens in a new window).
- Feel free to inquire about something not on the list of Other Services (opens in a new window).
- We aim to please!
- You authorize us – understanding that TourKick’s combination of expertise, experience, ideas, obligations, and interests are unique to us – to perform and deliver the work you request of us. This includes, but is not limited to, our performing follow-up actions as we determine appropriate and timely, unless otherwise agreed to on a per-client basis; this includes website updates, new content publishing, editing content and other changes. For TourKick real estate video and photo services, please reference What’s Included? (link opens in a new window) for details of the standardized service offering.
- Due to the uncontrolled environment that our service may be provided in (e.g. outdoors, seasons, weather, objects in motion, etc.), some differentiation in content quality is to be expected; however, we strive for professional, pleasing quality. We are not responsible for the loss of quality due to acts of nature (e.g. sun, wind, snow, etc.) or acts of other parties (e.g. home without functioning electricity, car parked in driveway, house clutter, etc.).
- We cannot be held responsible for the lack of syndication to sites (e.g. sites that experience significant downtime, go out of business, disallow posting of our content, etc.). Additionally, our syndication service may be adapted to comply with changes in policies and best practices of such sites. TourKick determines its included syndication service destinations at the time of each syndication attempt. TourKick is not responsible for the quality of media submissions or display, including results of a site’s video compression.
- TourKick attempts to comply with relevant laws, policies, and best practices of all levels of governing bodies and industries but is not liable for violations. You are responsible for notifying TourKick of all violations or concerns of potential violations via written communication. Upon such notification, we will attempt to rectify any violations or errors and/or notify others.
- TourKick delivers content to the customer with a world-wide, royalty-free, and non-exclusive license to publish and distribute the content. You do not have permission to edit or make derivative works of any TourKick content. You agree not to distribute TourKick content in association with illegal, unethical, or unprofessional content, locations, or presentation methods.
- TourKick shall not be held responsible for any of your activity or interactions, including but not limited to sharing, linking, embedding, downloading, uploading, etc., and shall not be responsible for detecting or preventing your interactions with TourKick or its content. This includes, but is not limited to, your uploading of TourKick content to sites that disallow our media, whether by industry, media type, non-commercial use restrictions, or any other reason.
- You are responsible for keeping your own backups of all delivered content. Your access to the content may not be available again after initial delivery, and TourKick is not responsible for keeping original files, copies, or backups.
- If you are submitting Content on behalf of one or more entities or persons (“third parties”), then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or persons to these Terms.
- You agree not to submit files or information, i.e. content (e.g. media, text, etc.), to TourKick for which you do not have lawful right to do so, usually requiring modification rights for commercial usage. By submitting content to TourKick (via upload form, email, physical delivery, or other method), you grant TourKick a world-wide, royalty-free, indefinite, unrestricted, and non-exclusive license to reproduce, modify, adapt and publish the content for all usage, including commercial, even if no work was done to it. TourKick may, at its sole discretion, choose to use any and all received or delivered files for its own purposes and in its own ways, including but not limited to public or promotional uses. Originally received files do not transfer ownership or full copyright of original files, but all derivative works and variations performed by TourKick become fully owned and copyrighted by TourKick, provided to you for use as described elsewhere in these Terms.
- You agree not to submit any file that is corrupted or that contains virus or malware, whether you were aware at the time of file submission or become aware after.
- You agree to absorb any and all TourKick liability regarding files you submit to TourKick, and you agree that you will be responsible for the consequences resulting from any violation or lack of performance, without limitation of time period/expiration or location.
- TourKick will not be liable for promoting property media for properties whose owner/representative requests no Internet exposure, no commenting, etc. on another service (e.g. an MLS property data form) but not with TourKick. Do not submit such orders to TourKick. TourKick will not be obligated to remove items once posted.
- TourKick retains all copyrights to the digital and intellectual property and other content, including but not limited to designs, graphics, layouts, templates, logos, media files, etc. No person or entity other than TourKick is allowed to create derivatives of TourKick content, including but not limited to all videos and photos, without TourKick’s prior, written consent. TourKick’s knowledge of any violations does not constitute acceptance of, endorsement of, or approval of such violations and does not revoke us of our right to pursue any and all violators. TourKick’s restrictions are meant to protect TourKick and its clients and are not intended to restrict legal fair use.
- You agree not to reproduce, duplicate, copy, sell, modify, resell, or exploit any portion of, use of, or access to TourKick’s content or services.
- You agree not to share, buy, sell, hack, attempt to hack, obtain, or otherwise access any of TourKick’s non-public business operations, trade secrets, organization, decisions, or other information, content, or other property, tangible or not, without the express, written consent of TourKick. All non-public information/content/property (including links, login information, etc.) shared with you by TourKick are intended for private use and remain classified as non-public. In the event that non-public TourKick information/content/property is made public by any source other than TourKick, this clause will remain intact as if the information/content/property was still non-public, until such time that TourKick decides.
- Some or all of TourKick’s links, statements, or recommendations, whether via online or offline interactions, may provide TourKick with referral fees, affiliate fees, advertising revenue, goodwill, and/or other compensation, directly or indirectly.
- Your use of TourKick does not entitle you to any share of or claim to TourKick revenue, future promotions, or derivative works resulting from your use.
- You agree to provide accurate information in all orders and other correspondence and interaction with TourKick. Accurate information includes, but is not limited to, contact information, real estate licensing, your authority to use/interact with TourKick, property descriptions, and all other personal, corporate, and real estate information.
- If subject property is under a listing agreement contract, only the listing agent or the agent’s authorized representative may order a media package.
- If subject property is not under a listing agreement contract, only the property owner or the owner’s authorized representative may order a media package.
- If your situation is not describe above, Contact Us (link opens in a new window) before ordering a media package.
- Once an order and accompanying payment is received, we will schedule a time to shoot the photos and video. Scheduling conflicts may arise on either side, and these situations must be handled in a professional manner. If appointments are repeatedly abandoned, missed, or otherwise abused, we have the right to issue a partial or no refund to cover lost time and expenses and any completed work. If any work is completed, for which refund is withheld, this work will be delivered. In the event that TourKick needs to reschedule an appointment (e.g. icy roads or other outdoor elements, change in availability, etc.), you will have the option to reschedule or withdraw your order, with TourKick determining the refund amount based on time and other factors.
- Refunds may be offered as monetary refunds (e.g. chargebacks), credit toward additional services, or another agreeable arrangement of comparable or additional value, as determined by TourKick. Refund considerations and questions are handled on a case-by-case basis.
- Standardized real estate video and photo services and pricing is specified on the Pricing page (opens in a new window). TourKick reserves the right to change pricing for any reason at any time prior to receipt of payment. TourKick has the option to pass on electronic payment charges to the customer (e.g. credit card authorizations and transaction charges); these payment charges, if any, will be disclosed prior to purchasing or may be charged and disclosed in the event of an issued refund. Customer agrees to pay sales tax and/or other tax, as required. Customer agrees to work with, not against, TourKick in all efforts of collecting payment(s), including late fees and other fees as determined by TourKick.
- TourKick may offer discounts, promotions, special pricing, or trade products/services on a case-by-case basis. TourKick’s modification of pricing to a single or batch order does not guarantee the same, or any, modification for future/additional services. TourKick’s modification of pricing for one client does not entitle another client to the same agreement.
- Payment is required in-full, up-front. If paying in-person, cash, check, or money order is acceptable but must be delivered at least one day prior to scheduling an appointment time.
- Bounced/Non-Sufficient Funds (NSF) checks, lack of payment, and all other forms of mispayment will be charged a $30 fee. If fees somehow exceed $30, we will notify you and you will be responsible for the fees, including but not limited to reimbursement, legal, and collection fees. You agree to pay the $30 and/or additional fees within 30 calendar days of the sent notification.
- TourKick will not be responsible for lost or misplaced payments. TourKick is not responsible for the lack of success of online payments, incomplete orders, non-received orders, identity theft or fraud, etc.
- TourKick reserves the exclusive right to determine the appropriate refund amount for all orders, including withdrawn orders, as applicable. Prior to performing, preparing for, and/or traveling for service, if we determine that we cannot accommodate your request (e.g. lack of availability, etc.), you will receive a full refund.
- TourKick reserves the right to choose its clients, service locations, projects, etc. at its exclusive discretion and at any time. In the event a pre-paid order is declined by TourKick, the order will receive the appropriate refund.
- TourKick reserves the right to add charges for supplemental travel, as determined by TourKick. We will do our best to communicate if an additional charge will be required before approving an order, but travel charges may be added after the work has started and before final content delivery. You agree to pay the additional charges, if applicable, within 30 calendar days of the sent notification. If you choose not to continue the service, you may be issued a refund, as determined by TourKick.
- You agree to the terms and conditions and privacy policies of all third party providers of payment method(s) and/or terminal(s) you choose to use (e.g. MasterCard, PayPal, etc.).
- If you are satisfied, we invite you to Share Your Testimonial (link opens in a new window). If you are dissatisfied, you should contact us immediately upon receipt of service (reply to one of our emails or Contact Us, link opens in a new window). We reserve the right to determine the appropriate resolution. Our decision is final.
- TourKick delivers video tours, photographs, and syndication, among other things. Any and all names we call our services (e.g. Total Knock-Out (TKO) Media Package, etc.) are agreed to be considered marketing terms and not guarantees, whether implied or not.
- TourKick will make commercially reasonable efforts to maintain the services; however, TourKick is not responsible for any damage, loss of data, customer information or vendor data, revenue or other harm to business arising out of delays, misdelivery, or nondelivery of information or content, restriction or loss of access or changes to your TourKick usage.
- TourKick does not warrant that 1) the service will meet your specific requirements, 2) the service will be uninterrupted, timely, secure, error-free, or accessible by all devices, or 3) the quality of the products, services, information, or other content purchased or obtained by you through the service will meet your expectations.
- Any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from obtaining such content.
- TourKick shall not be responsible for payments, reimbursements, refunds, cost sharing, etc., regardless of your level of dissatisfaction, damages, etc., in excess of the payment received from you for any/all applicable orders or services. You agree to be responsible for all of our incurred costs in the event that you sue us, request arbitration or mediation, or pursue us by any other means.
- No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly warranted in the TOS.
- TourKick respects your privacy and works hard to protect your personal information.
- It is your sole responsibility to ensure that your account numbers, passwords, security questions and answers, login details and any other security or access information used by you to use or access TourKick is kept safe and confidential. You must prevent unauthorized access to and use of any of your information or data used with or stored in or by TourKick. You are responsible for all electronic communications sent to us or to any third party regarding TourKick. When we receive communications containing your information, we assume you sent it to us. You must immediately notify us if you become aware of any loss, theft or unauthorized use of TourKick. We reserve the right to deny you access to TourKick, in whole or in part, if we believe that any loss, theft or unauthorized use of any account or access information has occurred.
- We use your personal information to provide you with features and functionality, and may share it with our trusted third parties, to ensure that you have a safe, high-performance experience with TourKick. When you use TourKick, including providing a payment, contacting customer service, or requesting technical support, in addition to many other interactions with TourKick, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all TourKick users by ensuring compliance with US state and federal laws and our own policies. We may also use this information to measure how our members use TourKick and improve and enhance our offerings.
- Protecting the privacy of young children is especially important. For that reason, TourKick does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with us. If you are under 13, do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on TourKick. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.