Terms and Conditions
Updated January 14, 2018
Acceptance of Terms
Welcome to 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” (us/we/our) includes but is not limited to all our web presences, our digital and physical services, and our business, employees, contractors, 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, using one of our free or paid products, or otherwise interacting with TourKick, you signify your acceptance of these TOS on behalf of yourself individually and, if applicable, the entity(ies) you represent.
Any and all included references, whether by hyperlink or otherwise, are included as part of the TOS. We may provide you with additional services upon your request, for which an agreement may be required in addition to these TOS.
We reserve the right to conduct our business for our own benefit. As such, you agree that we can sell or share all or part of our business, intellectual property, registrations, and information regarding our dealings. This includes but is not limited to contact information, location history, requests, competitor research, etc. that applies to you, as we see fit in our sole discretion. Additionally, we shall not be held liable for how others use such information shared with them.
If any of these TOS are determined to be unlawful or otherwise not applicable, the rest of the TOS shall not be voided and shall continue in full effect.
- To learn more about or contact TourKick, please visit our home page, reply to one of the emails you received from us, or utilize our Contact Us form. The following is TourKick’s official contact information:
c/o Clifford Paulick
12324 E 86th St N, PMB 225
Owasso, OK 74055
Our phone number is 918-409-2543.
- You agree to provide accurate information in all orders and other correspondence and interaction with us. Accurate information includes, but is not limited to, your contact information, licensing, authority to use/interact with us, property descriptions, and all your other personal, corporate, and project information.
- All work performed by us is ours unless a written Work for Hire agreement is fully executed between you and us. Such an agreement should be fully executed and delivered in advance of both beginning the project and in advance of us receiving your partial or full payment, as the price may change if a Work for Hire agreement is a project requirement.
- We regularly provide customization services for our products and services that are pre-packaged/pre-determined. Such special requests are outside the scope of our standard offerings and require customized pricing. Please Contact Us to submit your special request. Each is evaluated and quoted individually.
- Unless otherwise agreed to in writing in advance, we reserve the right to resell any and all of our work to others. For example, if you pay us $XX,XXX to build you the “Thingy WordPress Plugin”, according to all your specifications, and you receive and are satisfied with this work and the project has been completed, we may also choose to sell it to the public for $XX. We may sell it as-is, iterate on the solution delivered to you, build a web presence around it and/or promote its availability, etc. All ideas, forks, iterations, wish lists, and other intellectual property shared with us, including in privileged communications, is usable by us indefinitely without any requirement to mention you.
- You agree that we may choose to outsource any or all of a project’s work to any number of outside contractors and that their work shall be considered a Work for Hire to us but not to you. We shall take precautions with sensitive data and in the selection process for each individual or entity. For example, if you hire us for a project that includes building you a website and designing you a new logo/branding, we may outsource the logo design to John Smith in Canada without you having any knowledge of his involvement. Unless otherwise agreed to by all parties, we will have full title and rights of the work product delivered by John Smith so that we can deliver them in whatever agreed capacity to you. Unless otherwise agreed to in writing between you and us, you agree that our contractors may use the work they delivered to us for you in their own portfolios so that they can retain and attract business of their own.
- We aim to please each client on each project in terms of quality, ease of use, budget, preferred and required timelines, and more. Unless otherwise agreed to in writing, you authorize us to perform and deliver the work you request of us in the way and manner we decide. This includes, but is not limited to, timelines, milestones, deliverables, feedback requests, performing follow-up actions, etc., as we determine appropriate and timely. You agree that we are allowed to delay your project or fully stop work on your project as we deem appropriate based on your responsiveness to our communications and/or not adhering to agreed payment terms. For example, if we agree to aim for a deliverable date of 1 month from now but you take 15 business days to reply to each email, we may adjust our scheduling in such a manner to account for this while handling other projects concurrently and therefore your project may not meet its initially-agreed deliverable date at no penalty to us.
- Due to the uncontrolled environment that some of our services may be provided in (e.g. outdoors, seasons, weather, objects in motion, etc.), some differentiation in 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. We determine the syndication destinations at the time of each syndication attempt. We are not responsible for display quality or loading discrepancies on any or all sites, including poor performance of a video’s display on a site due to their forced video dimensions or compression techniques.
- We 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 directly with us. Do not submit such orders to us. We will not be obligated to remove items once posted.
- We attempt to comply with relevant laws, policies, and best practices of all levels of applicable governing bodies and industries but we are not liable to you for violations. You are responsible for notifying us of any and all violations or concerns of potential violations via written communication as soon as one is discovered by you. Upon such notification, we will attempt to rectify any violations or errors and/or notify others as such. You agree our attempt to rectify, successful or not, is the full extent of any damage or penalty from us to you or anyone else.
- We deliver content to you 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 of our content unless released under a license that permits otherwise. You agree not to distribute our content in association with illegal, unethical, or unprofessional content, locations, or presentation methods.
- We retain all copyright to the digital and intellectual property and other content, including but not limited to designs, graphics, layouts, templates, logos, media files, etc. No other person or entity is allowed to create derivatives of our content, including but not limited to all videos and photos, without our prior written consent. Our knowledge of any violation(s) does not constitute acceptance of, endorsement of, or approval of such violation(s) and does not revoke us of our right to pursue any and all violators. Our restrictions are meant to protect us and our clients and are not intended to restrict legal fair use.
- We 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 us or our content. This includes but is not limited to your uploading of our 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 we are not responsible for keeping original files, copies, or backups.
- If you are submitting content to us on behalf of others, you confirm and warrant that you are authorized to act on behalf and bind such person(s) and/or entity(ies) to these Terms.
- You agree not to submit files or information, i.e. content (e.g. media, text, etc.), to us for which you do not have lawful right to do so, usually requiring modification rights for commercial usage. By submitting content to us (via upload form, email, physical delivery, or other method), you grant us 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. We may, at our sole discretion, choose to use any and all received or delivered files for our own purposes and in our own ways, including but not limited to public or promotional uses. Originally-received files do not transfer ownership or full copyright of original files from you to us, but all derivative works and variations performed by us become fully owned and copyrighted by us, provided to you for use as described elsewhere in these Terms.
- You agree to absorb any and all TourKick liability regarding files you submit to us, 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.
- You agree not to knowingly submit any file that is corrupted or that contains malware. If, in the future, you become aware of a past share that includes malware, you agree to notify us as soon as you discover this. If it is found out that you knowingly shared malware to us and do not notify us immediately and confirm acknowledgement of your report, you agree to be held responsible for any and all actual costs to recover or recreate our data, credentials, identity, etc. and to provide no less than 2 years of future protection against the same or related type(s) of attack(s), physical or digital. We do not have this same obligation to you, but we will aim to keep security and privacy in mind when transacting with you.
- You agree not to reproduce, duplicate, copy, sell, modify, resell, or exploit any portion of, use of, or access to our content or services.
- You agree not to share, buy, sell, hack, attempt to hack, obtain, or otherwise access any of our non-public business operations, trade secrets, organization, decisions, or other information, content, or other property, tangible or not, without our express, written consent. All non-public information/content/property (including links, login information, etc.) that we share with you is intended for private use and to remain classified as non-public. In the event that non-public information/content/property is made public by any source other than us, this clause will remain intact as if the information/content/property was still non-public, until such time that we decide.
- Some or all of our links, statements, or recommendations, whether via online or offline interactions, may provide us with referral fees, affiliate fees, advertising revenue, goodwill, and/or other compensation, directly or indirectly.
- Your interaction with us does not entitle you to any share of or claim to our revenue, future promotions, or derivative works resulting from your use.
Real Estate Media
- If the subject property is under a listing agreement contract, only the listing agent or the agent’s authorized representative may order a media package.
- If the 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 before ordering and paying for services.
- Once an order and accompanying payment is received, we will schedule a time to shoot the media. 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 we need to reschedule an appointment (e.g. inclement or uncooperative weather, change in availability, etc.), you will have the option to reschedule or withdraw your order, with us determining the refund amount based on time and other factors.
- Refunds may be offered as monetary refunds, 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.
- We reserve the right to change pricing for any reason at any time prior to receipt of payment. We have 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. You agree to pay sales tax and/or other tax, as required. You agree to work with, not against, us in all efforts of collecting payment(s), including late fees and other fees as we determine are appropriate.
- We may offer discounts, promotions, special pricing, or trade products/services on a case-by-case basis. Our modification of pricing to a single or batch order does not guarantee the same would be available for future/additional services. Our modification of pricing for one client does not entitle another client to the same agreement.
- Unless otherwise agreed, 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 the start of a project.
- Bounced/Non-Sufficient Funds (NSF) checks, lack of payment, and all other forms of invalid payment will be charged a $30 fee. If the cumulative fees directly associated with any or all of your invalid payments exceed $30 and we decide to pursue you paying these fees, 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 all fees within 30 calendar days of the sent notification.
- We will not be responsible for lost or misplaced payments. We are not responsible for the lack of success of online payments, incomplete orders, non-received orders, identity theft or fraud, etc. It is your responsibility to confirm we received your payment, including but not limited to requesting an invoice showing “Paid”, “Paid in Full”, or similar and/or requesting a full account statement showing all your account transactions within a period of time.
- We reserve 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 in a timely manner.
- We reserve the right to choose our clients, service locations, projects, etc. at our exclusive discretion and timing. In the event a prepaid order is declined by TourKick, the order will receive the appropriate refund in a timely manner.
- We reserve the right to add charges for supplemental travel, as determined by us. We will do our best to communicate if an additional charge will be required before your approving an order (e.g. an out-of-area request where the location is known in advance), but travel charges may be added after the work has started and before project completion. You agree to pay the additional charges in full, if applicable, within 30 calendar days of the sent notification. If you choose not to continue the service, you may be issued a partial or full refund, as determined by us.
- If you are satisfied, we invite you to Share Your Testimonial. If you are dissatisfied, you should contact us immediately upon receipt of service (reply to one of our emails or Contact Us. We reserve the right to determine the appropriate resolution. Our decision is final.
- We perform and deliver photographs, videos, syndication, websites, software, printing, and other products and services. Any and all names we use (e.g. Total Knock-Out (TKO) Media Package, etc.) are agreed to be considered marketing terms only and not guarantees, whether implied or not.
- We will make commercially reasonable efforts to maintain our services; however, we are 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 non delivery of information or content, restriction or loss of access or changes to your usage of our products or services.
- We do not warrant that 1) our products or services 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 be free of bugs, vulnerabilities, or 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.
- We 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 or 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.
- We respect your privacy and work 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 our products or services 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 us. You are responsible for all electronic communications sent to us or to any third party regarding us. 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 in regards to your interactions, purposeful or not, with us. We reserve the right to deny you access to our products or services, 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 work toward providing you a safe, high-performance experience with us. When you interact with us, including providing a payment, contacting customer service, or requesting technical support, in addition to many other interactions with us, 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 our 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 our products and services and improve and enhance our offerings.
- Protecting the privacy of young children is especially important. For that reason, we do 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 us. 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.
- We are not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our own terms do not take effect there. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.