Last updated and effective as of May 24, 2018
This website is operated by REALISTIC Agency, LLC on behalf of Terri Clark Tours, Inc. (referred to in these Terms of Use as “we,” “us” or “our”). Your access and use of any website where these Terms of Use are posted, including the websites that you may access using your mobile electronic device (collectively, “Sites”), and your access and use of the services provided through the Sites (“Services”) are governed by and subject to these Terms of Use (“Terms”).
Legal Agreement
These Terms are a legal agreement between you and us, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using any portion of any Sites or any of the Services, you acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use any portion of the Sites or the Services, and you must discontinue all use of the Sites and the Services immediately.
Effective Date; Modifications
These Terms are effective as of the “last updated and effective” date set out at the top of this page. We reserve the right to modify, suspend, refuse or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason, and without notice or liability to you, any portion of the Sites and any of the Services.
We reserve the right to modify these Terms and any other guidelines or policies affecting the Sites at any time, and all modifications will become effective upon the earlier of (1) posting of the revisions on the Sites, or (2) distribution of the revisions by electronic mail. Your continued use of any of the Sites or the Services after the effective date of any modifications means that you accept and agree to all such revisions. Please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to Info@TerriClark.com.
Additional Terms
We have established and may establish in the future certain additional policies pertaining to specific content or events (“Additional Terms”). Such Additional Terms include, without limitation, our Privacy Policy and Help page. Our Privacy Policy explains how we may collect, use, share and protect information that we learn about you as a result of your interaction with us through the Sites and/or the Services. Our Help page contains information regarding publicity requests, and frequently asked questions. These and all other Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also acknowledging and accepting the terms of our Privacy Policy and all other Additional Terms. In the event of a conflict between any provisions of these Terms and a provision of any of the Additional Terms, the provisions of these Terms govern.
We engage other companies to provide or facilitate some of the functions of the Sites and some of the Services, including, without limitation, website hosting and e-mail communications. These companies may maintain their own terms of service, which are not under our control.
Links to Third-Party Websites
The Sites may contain links to websites of third parties. If you use these links, you will leave the Sites. These third parties and their websites are not under our control. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use, their privacy policies and their policies on collection, use and disclosure of your personal information.
Entire Agreement
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Sites or the Services, and all matters relating to your access or use of the Sites or the Services. A printed version of these Terms and of any notice given in electronic form will be admissible in any and all judicial or administrative proceedings relating to these Terms or the Services, to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including, without limitation, the disclaimers, and the limitation of liability and indemnity provisions stated below, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in full effect.
Any rights with respect to access or use of the Sites or the Services not expressly granted in these Terms are reserved to us.
Ownership and Permissions
We, and our respective subsidiaries, affiliated companies, distributors, vendors, contractors, licensors or licensees (“Affiliated Parties”) are the exclusive owners or licensees of all non-user-generated content and materials comprising or made available on the Sites or through the Services (“Site Content”), and of all intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights in the Site Content. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.
The trademarks and service-marks Terri Clark®, BareTrack Records®, BareTrack Records Nashville, TN ®, Hat Brats ™, Country Gold™, Country Gold with Terri Clark™ and related marks and logos, and the trade dress of the Sites and the Services (“Site Marks”) are the exclusive property of Terri Clark, Terri Clark Tours, Inc. and TLC Enterprises, LLC. Unauthorized use of any the Site Marks, or of any word, term, name or symbol that is likely to dilute any of the Site Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Terri Clark, or our approval or sponsorship of the user’s products or services, is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Sites are the property of their respective owners and cannot be used without permission from the owner.
You may access, browse and use the Sites and the Site Content for your personal, non-commercial use, on a single computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content, the Site Marks, and related marks and logos by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Site Marks, except as may be allowed by law.
Your Use and Your Content
Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content or information to the Sites (“Your Content”). You may not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By posting, uploading, transmitting, submitting or otherwise providing Your Content to us, you: (1) represent and warrant that [a] Your Content is original to you, [b] you own or otherwise control all of the rights in Your Content, or you have the rights necessary to grant to us the rights and licenses in the following subsections (2) and (3), and