The terms for verified, featured and sponsored listings

1. Agreement and acceptance

These Terms are a binding agreement between Applied Intelligence LLC, a Nevada limited liability company located at 5725 S Valley View Blvd 5 692569, Las Vegas, NV 89118, which owns and operates rallytakesthetrain.com and does business as Rally Takes the Train ("Rally Takes the Train," "we," "us"), and the organizer that verifies a listing or buys a Featured or Sponsored position ("Organizer," "you").

• How you accept. You accept these Terms when you check the acceptance box, submit verification for a listing, or submit payment, whichever happens first.
• Free and paid listings. These Terms apply to every Organizer who verifies a listing, whether the listing is free or paid. Sections 2 and 3 apply only to paid positions.
• Authority. You confirm that you are at least 18 years old and have authority to bind the organization that runs the event.
• Business use. You are buying the listing for business or organizational purposes, not as a consumer.
• Other terms. Our site Terms of Use and Privacy Policy also apply. If they conflict with these Terms, these Terms control for listings.
• If you do not agree. Do not verify a listing or purchase a paid position.

2. Listing positions and how they are assigned

Each city page has a limited number of paid positions. We review every request, and approved requests are placed in the order they were submitted.

• Requests and approval. You request a paid position in the verification form. We review every request and may approve or decline it at our discretion. Requesting a position does not guarantee one, and nothing is charged until we approve your request and you pay.
• Featured position (position 1). One Featured position is available per city page.
• Sponsored positions (positions 2 to 4). Among approved requests, these are assigned in the order in which organizers submitted their completed verification. The timestamp recorded by our system decides the order. The earliest approved submission receives position 2, the next position 3, and the next position 4.
• Algorithmic assignment. The order of approved Sponsored positions is set by algorithm from those timestamps. We do not negotiate, trade or reorder positions, and no payment beyond the listed fee changes the order.
• Limited availability. Once every paid position for a city is taken, no more are available for that city for the season. We do not keep a waitlist unless we say so in writing.
• When a position is secured. A position is secured only when your request is approved, your verification is complete, and we receive payment. If we send you a payment link, you have 48 hours to pay. After that, the position may be offered to the next approved Organizer. If you pay and no position is available for your city, we will refund that payment in full.
• Our records control. Our system records of timestamps and assignments are final unless there is a clear technical error.
• One city, one event. Each position applies to one event on one city page. Positions cannot be transferred, resold or moved to another city or event.
• Page layout. Position numbers refer to the order within the paid listings area of a city page. We control the design of every page. We may show free-admission events, community listings, editorial content and other sections above, below or around paid listings, and we may change the layout at any time.

3. Fees, payment and refunds

The fee is a one-time payment for one position on one city page for one season, and it is non-refundable once the listing is live.

• Fee. You pay the price shown at checkout, in the currency shown at checkout.
• No auto-renewal. We do not charge you again. A listing gives you no right to the same position in a future season unless we offer one in writing.
• Term. A paid position goes live after approval, verification and payment are complete. It runs through December 31, 2026, unless it is removed earlier under these Terms.
• Taxes. Fees do not include taxes. You are responsible for any sales tax, VAT, GST, withholding or similar tax that applies to your purchase, other than taxes on our income.
• Refunds we give. We refund your payment in full if no position is available for your city, or if we cannot publish your listing for reasons within our control.
• Refunds we do not give. To the fullest extent permitted by law, we give no refund or credit if your event is cancelled, postponed, rescheduled, moved or poorly attended, if weather affects it, if you change your mind, or if your listing is removed under Section 5.
• Payment disputes. Contact us before disputing a charge with your bank or card issuer. If you file a chargeback that is not justified, we may remove your listing and all of your events from the platform.

4. Organizer standards: integrity and child safety

We expect every organizer to act with integrity and to keep the safety of children top of mind. You alone are responsible for your event. We do not organize, operate, staff, supervise or inspect any event.

By verifying a listing, you agree that:

• Your commitment to families. When you verify a listing, you confirm that the information in it is accurate, and you agree to provide a safe, supervised and age-appropriate environment for children at your event.
• Accurate information. Everything you give us is true, current and complete. You will tell us promptly about any change to the date, time, location, price, age range, accessibility, weather plan or cancellation.
• Lawful operation. Your event is lawful and holds every license, permit and insurance policy required where it takes place.
• Child safety. You run the event with child safety as the first priority. This includes age-appropriate content, adequate supervision and staffing, safe premises and equipment, and compliance with all child protection and safeguarding laws, including background screening where the law requires it.
• Honest dealing. You honor the prices and details you advertise. You do not mislead families, and you do not make false statements to us or about us.
• Legal compliance. You follow all laws that apply to your event and your marketing, including consumer protection, advertising, privacy, children's data, anti-discrimination and accessibility laws.
• Incident reporting. You will notify us within 24 hours of any safety incident, any complaint that a child was harmed or put at risk, any action by a regulator or law enforcement, and any cancellation.
• No manipulation. You will not try to manipulate positions, verification, timestamps, reviews or reports, and you will not submit listings for events you do not run.
• What we tell families. We may tell visitors that verified organizers have confirmed their event details and agreed to provide a safe environment for children. That statement describes your commitment to families. It is not a statement by us that your event is safe.

5. Removal from the platform without refund

If an event is deemed unsafe for children or is reported, we reserve the right to remove you from the platform at any time and without refund.

• Grounds for removal. We may remove or suspend a listing if:
  • we decide, in our sole reasonable judgment, that an event is or may be unsafe or inappropriate for children;
  • we receive a report or complaint about safety, conduct or integrity from a parent, attendee, authority or any other source;
  • you breach these Terms or give us inaccurate or misleading information;
  • the event is cancelled, is not a Christmas or holiday event, or is not suitable for families;
  • the listing creates legal or reputational risk for us; or
  • a payment is reversed or disputed without justification.
• Acting on reports. Child safety comes first. We may act on a report before an investigation is complete or without one, and we are not required to identify who made a report.
• Scope of removal. Removal may cover the listing, any Verified badge, all of your events on the platform, and your ability to list events in the future.
• No refund. To the fullest extent permitted by law, you receive no refund, credit or compensation when a listing is removed under this Section.
• Notice and review. We will normally email you the reason for a removal, unless the law or a safety concern prevents it. You may reply within 14 days to ask us to review the decision. Our decision after review is final.
• No duty to monitor. We have no obligation to monitor or investigate events. A decision to remove a listing, or to leave one up, is not a statement by us about the safety of any event.

6. Content and image rights

You keep ownership of your content, and you give us the right to use it to publish and promote your listing.

• Your content. "Content" means everything you submit or make available to us for a listing, including text, event details, names, logos, trademarks, photos, images and video.
• Your rights in the Content. You confirm that you own the Content or hold every right, license, consent and release needed to let us use it. This includes the consent of every identifiable person in an image, and the consent of a parent or legal guardian for every identifiable child.
• No infringement. You confirm that the Content does not infringe anyone's copyright, trademark, privacy, publicity or other rights, and does not break any law.
• License to us. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, publish, distribute, translate, crop, resize and reformat the Content, and to use your event and organization names and logos. We may do this on our website, in email, on social media, in advertising, in event recaps, and in structured data provided to search engines and AI services. We may sublicense these rights to service providers that work for us.
• How long the license lasts. The license runs for the listing term. It continues afterward for archived pages, event recaps and marketing that was already published. If you ask us in writing, we will remove your Content from active pages within 30 days.
• Editing. We may edit Content for length, clarity, accuracy, style, translation and search visibility, and we may decline or remove any Content.
• Public information and links. We may publish information about your event that is publicly available, and we may link to your website and social media pages.
• Our property. We own the website, page designs, compiled event data, the Rally Takes the Train name, characters and artwork, and the Verified badge. You may display the Verified badge only in the form we provide and only while your listing is verified. We may withdraw that permission at any time.
• Infringement complaints. If we receive a complaint that Content infringes someone's rights, we may remove it without notice and without refund.

7. Verification, paid placement and no endorsement

A paid position buys placement only. It is not an endorsement, and verification is not a safety inspection.

• Paid placement label. Paid positions are identified to visitors as paid placements, using labels such as "Featured" or "Sponsored," as advertising laws require.
• What Verified means. A Verified badge means that you confirmed the information in your listing, that the listing matches the information you gave us, and that you agreed to the organizer standards in Section 4. We do not independently confirm that the information is true or that the event is safe, and you remain solely responsible for the accuracy of everything you tell us. The badge is not a safety inspection, background check, certification, endorsement or guarantee of any kind. The questions we ask are published on our How we verify Christmas events page.
• Payment does not buy verification. The verification process is the same for paid and free listings.
• No endorsement claims. You may not state or suggest that Rally Takes the Train endorses, certifies, sponsors or has inspected your event, or that we have verified anything beyond what the badge means.
• Families decide. Parents and guardians decide for themselves whether an event is right for their children.

8. No guarantees

We do not promise any result from a listing.

• No performance guarantee. We do not guarantee any level of traffic, impressions, clicks, leads, attendance, ticket sales or revenue.
• Search and AI visibility. Anything we say about search engines or AI services describes how listings are built. It is not a promise of any ranking, citation or appearance.
• Other listings. Other events in your city, including competing events and free listings, may appear on the same page.
• Availability. We do not guarantee that the website will be available without interruption or error.
• Visitor data. Email addresses and other visitor data collected on our website belong to us and are not shared with organizers.

9. Disclaimer, limitation of liability and indemnification

To the fullest extent permitted by law, we have no liability for your event, and our total liability to you is limited as described below.

• Service provided as is. The listing service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
• No liability for events. We are not responsible for anything that happens at, on the way to, or in connection with any event. This includes injury, illness, death, abuse, property loss or damage, cancellations, refunds owed to attendees, and the conduct of organizers, staff, volunteers, attendees or third parties. You accept all of that risk and responsibility.
• Excluded damages. We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, even if we were told they were possible.
• Liability cap. Our total liability for all claims connected to these Terms or a listing will not exceed the greater of the fee you paid for the listing that gave rise to the claim or one hundred US dollars ($100).
• Release. You release Rally Takes the Train and its owners, officers, employees, contractors and affiliates from all claims arising from your event, the assignment or availability of positions, removal of a listing, and the acts of third parties. Where permitted, you waive any law that limits the release of unknown claims, including California Civil Code Section 1542 where it applies.
• Indemnification. You will defend, indemnify and hold harmless Rally Takes the Train and its owners, officers, employees, contractors and affiliates from all claims, losses, damages, fines and costs, including reasonable attorneys' fees, that arise from:
  • your event, including any injury or harm to any person;
  • your Content;
  • your breach of these Terms or of any law; or
  • any dispute between you and an attendee, parent, vendor, venue or other third party.
• Time limit. Where permitted by law, any claim against us must be brought within one year after it arises.
• What the law does not allow us to exclude. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, such as liability for fraud. Where a limit is not allowed in full, it applies to the greatest extent the law permits.
• Basis of the bargain. Our fees reflect these limits. We would not offer listings without them.

10. International organizers and local law

We operate from the United States and accept listings worldwide. These Terms apply to the fullest extent the law of your location allows.

• Your local compliance. You are responsible for following the laws of the place where your event is held and the place where you are established. This includes child protection and safeguarding, licensing, health and safety, advertising, consumer protection, tax, data protection and accessibility laws.
• Rights that cannot be waived. If the law that applies to you gives you rights that a contract cannot remove, these Terms do not remove them. Any term that conflicts with such a law applies only to the extent that law permits. Examples include non-excludable guarantees under the Australian Consumer Law and mandatory liability rules in the United Kingdom and the European Union.
• Limited remedies where exclusion is not allowed. Where the law does not let us exclude liability but does let us limit it, our liability is limited, at our choice, to supplying the listing service again or refunding the fee you paid.
• No consumer withdrawal right. You buy as a business or organization, so consumer cooling-off and withdrawal rights do not apply. If a law still gives you a withdrawal right, you ask us to begin the service immediately, and you accept that the right ends once the listing has been published, where the law allows.
• How paid positions are ranked. The order of paid positions depends on two things only: the type of position purchased, and the time your completed verification was submitted. Unpaid listings are ordered by us, and events with free admission may be shown in their own section.
• Data protection. Each party follows the privacy laws that apply to it. Where they apply, these include the GDPR, the UK GDPR, the California Consumer Privacy Act, Canada's PIPEDA, the Australian Privacy Act and Brazil's LGPD. We handle your contact details as described in our Privacy Policy.
• Personal data you send us. Do not send us personal data about children or attendees unless you have a lawful basis and every consent required. We are the controller of visitor data collected on our website.
• Language. These Terms are written in English. Translations are for convenience, and the English version controls unless local law requires otherwise.
• Trade restrictions. You confirm that you are not located in a country under United States embargo and are not on any government list of restricted parties.
• Availability by country. We may decline, limit or stop offering paid listings in any country at any time.

11. General terms

Nevada law governs these Terms, and any term a court cannot enforce is narrowed so the rest still applies.

• Governing law. These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Courts. Any dispute will be heard only in the state or federal courts located in Clark County, Nevada, and you consent to those courts. This does not remove any protection that the mandatory law of your country gives you.
• Talk to us first. Before filing any claim, each party will give the other written notice and 30 days to resolve the dispute informally.
• No class actions. To the extent permitted by law, claims may be brought only on an individual basis and not as part of a class or representative action.
• Severability. If any part of these Terms is found unenforceable in any jurisdiction, that part is enforced to the greatest extent permitted there, and the rest of these Terms stays in effect everywhere.
• Changes. We may update these Terms. The version in effect when you verified or paid applies to that listing for that season.
• Relationship. You and we are independent parties. These Terms create no partnership, agency, joint venture, employment or endorsement.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor or affiliate.
• Events outside our control. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of hosting, payment, email or search services.
• Entire agreement. These Terms, the checkout page, and our Terms of Use and Privacy Policy are the entire agreement about listings. No statement in an email, form or sales conversation changes them unless we agree in a signed writing.
• No waiver. If we do not enforce a term, we may still enforce it later.
• Survival. Sections 5 through 11 continue to apply after a listing ends or is removed.
• Electronic records. You agree that your online acceptance is a valid signature and that we may send notices by email to the address you gave us.
• Contact. Send questions and notices to hello@rallytakesthetrain.com, or by mail to Applied Intelligence LLC, 5725 S Valley View Blvd 5 692569, Las Vegas, NV 89118.