Terms and Conditions | Booth Scout

Last Updated: August 7 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Booth ScoutTM mobile application (the “Service”) operated by Tally Trove, LLC (“us”, “we”, “our” or the “Application Provider”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. In addition, the terms of the Licensed Application End User License Agreement (http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) (the “End User License”) shall also apply to your access to and use of the Service. In case of any conflict between these terms and the End User License, these Terms shall control. When reference is made to the “Terms,” such reference will include the Terms and the End User License.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Using Booth Scout

1.1 You (the “User”) wish to access information about the artists or vendors (the “Artist(s)”) in a physical marketplace or at an event (collectively, the “Event”).

1.2 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13).

1.3 By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used in accordance with our Privacy Policy and these Terms.

1.4 You will need to register for a Booth Scout account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account. You may not use the name of another person or entity that is not lawfully available for use, or a name, email, or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use any name or email that is offensive, vulgar or obscene.

1.5 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.6 You agree not to use the Services in a way that distracts you and prevents you from obeying traffic or safety laws.

1.7 Booth Scout presents photographs and text submitted by Artists to Events. Booth Scout does not censor any images or any text. Some images or text may contain material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use the Service, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.

Termination

2.1 We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

2.2 If you wish to terminate your account, contact us at: accounts(at)boothscoutmobileapp.com. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property

3.1 The Service and its original content, features and functionality are and will remain the exclusive property of Tally Trove, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tally Trove, LLC.

3.2 You agree that any ideas, suggestions or feedback that you email, post or otherwise may provide to us with respect to the Service, including but not limited to data, questions, comments, or suggestions, will be owned by Tally Trove, LLC. We shall have the right to use any such feedback in our sole discretion and without payment or other consideration to you.

Artist-Related Information and Features

4.1 Information about an Artist is provided by the Artist to Event organizers during the jurying process for the Event, and we make no guarantee about the availability and accuracy of Artist information in the Service.

4.2 Images of items made by the Artist in the Service do not imply availability of the items at the Event. The mailing list signup feature for an Artist in the Service does not guarantee the existence of said mailing list.

4.3 The list of Artists at the Event may contain errors or inaccuracies and may not be complete or current. We reserve the right to change or update Event and Artist information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Event Information

5.1 Events may be cancelled, or an Event’s relationship with the Service may be terminated for any time for a variety of reasons. In such cases, the Event information in the Service will be removed. If the Event information is removed, you will only be able to access the information if you have made an in-app purchase for the complete Event information prior to the removal.

5.2 Event information is available for purchase after the Event at our discretion and may be removed from the app without prior notice.

Indemnification

6.1 You agree to defend, indemnify and hold harmless Tally Trove, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) your breach of these Terms.

Limitation Of Liability

7.1 The limitation of liability provisions of the End User License shall apply not only to Tally Trove, LLC, but also its directors, managers, officers, employees, partners, agents, suppliers, and affiliates.

Governing Law

8.1 These Terms, including the End User License, shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

8.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, including the End User License, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

9.1 We reserve the right in our sole discretion to (A) to modify or replace these Terms and/or (B) change, suspend, limit or discontinue any portion of or all of the Services (including, without limitation, the availability of any feature, database or content) at any time and from time to time. We will provide notice of such changes to these Terms only by posting the updated Agreement at http://www.boothscoutmobileapp.com and changing the “last updated” date listed above or by sending you an email. We encourage you to review our Terms each time you use the Service to see if it has been updated since your last visit.

9.2 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please use the Contact page at http://www.boothscoutmobileapp.com/contact-us/.