Effective Date: JULY 2021
Welcome to Events.com. Events.com and/or its affiliates (“Events.com” or “Company”) provides website features and other products and services (discussed below). By using Events.com and its services, You agree, on behalf of Yourself and all members of Your household and others who use any Services under Your account, to the following conditions. PLEASE READ CAREFULLY BEFORE ACCEPTING.
These Terms of Use shall apply to:
(a) all websites and entities owned and/or operated by Events.com, Inc., a California corporation, including without limitation the website on which these Terms of Use are posted and Events.com’s subsidiary and/or affiliate entities whether or not referred to directly as Events.com (collectively, “Events.com”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and
(b) any and all services available on or through the Site (together with the Site, the “Services”).
By accessing and/or using the Site, You (as defined below) are expressly agreeing to comply with and be bound by the following Terms of Use, Events.com’s Privacy Policy located at https://events.com/privacy/ (the “Privacy Policy”), and any other policies, rules or guidelines, or addendum to this Terms of Use, that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations.
Events.com and any and all entities that control, are controlled by, or are affiliated or under common control with Events.com, are collectively referred to herein as “we”, “us”, or “our.” “You”, “Your”, “Event Organizer”, or “Customer” refers to You, a user of the Site, or to the parent or legal guardian (over the age of 18) of a user of the Site if such user is a minor in his or her state of residence. The Effective Date of this agreement shall be today’s day, the date You accept the these Terms of Use.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY LOGGING IN, YOU ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THIS IS A LEGAL CONTRACT FOR SERVICES. If You are not eligible, or do not agree to these Terms of Use, then please do not use the Site or the Services.
These Terms of Use provide that all disputes between You and Events.com will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and Your claims cannot be brought as a class action. Please review Section 26 below for the details regarding Your agreement to arbitrate any disputes with Events.com.
Your use of the Service is at Your sole risk. The service is provided on an “as is” and “as available” basis.
Events.com will provide Services related to, among other things, providing online registration, online ticketing, event management technology, and box office ticket sales (together, “Key Services”), and related products and services for events and venues including, calendars, marketing, sponsorship, ecommerce, travel, membership, analytics, events, camps, licenses, classes, tickets, contests, permits, facility/equipment use, transactions, sales, memberships, reservations, donations, and/or activities (together, “Events”), including without limitation access to its software as a solution product (“Software”).
The features, Services, options, and fees may be described more fully on our web pages describing the Software and Services, and/or in an applicable schedule, quote, pricing form, order form, or similar document (each, a “Schedule”). Further, depending on type of Service requested, there may be an additional Addendum to these Terms and Conditions that unless otherwise amended in writing in the form of a separate agreement between You and Events.com, any Statement of Work (“SOW”), any added Fee Schedule which is attached below, each additional Schedule will reference this Agreement or Contract Number (if applicable) and will be governed by and incorporated into this Agreement. You agree to provide us with information relating to Your organization as necessary for us to provide the Software and Services. Software provided under this Agreement is deemed delivered when made available to You.
To the extent Events.com’s Services may require or include the use of downloadable software, You understand and agree that such software could automatically update on Your device when a new version or feature becomes available; provided that for certain services, it may be possible to change the automatic update settings.
(a) Retained Rights. Events.com retains all right, title, and interest in and to its Software and Services and any underlying software subject to the limited license provided by this Agreement. All content included in or made available through any Events.com service, such as (but not limited to): text, graphics, logos, buttons, images, audio clips, digital downloads, data compilations, etc., is the property of Events.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made through any Events.com service and/or product is the exclusive property of Events.com and protected by U.S. and international copyright laws.
(b) License Grant. Events.com hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable license (i) to use the Software and Services solely in accordance with this Agreement and any schedule thereto, and (ii) to display, reproduce, distribute, and transmit in digital form Events.com’s name and logo solely for the purposes set forth in this Section. You hereby grant to Events.com a limited license to use information provided by You relating to Your organization, which may include Your organization’s name, trademarks, service marks, logos and other similar materials and rights, in connection with the promotion of Your organization or Events.
(c) Customer Obligations. You will make reasonable efforts to promote and encourage the use and availability of the Software in connection with the promotion of Your Events for which You are using the Software and Services. You will include Events.com’s name and logo in newsletters, printed registration forms or mailings provided by You to prospective participants (e.g., by inserting the following statement in any online or print media related to Your Event: “Online Registration Powered by Events.com”). Events.com will be the sole and exclusive provider of registration services similar to the Software and Services provided to Customer hereunder for each Event for which You are using Events.com’s Software and Services during the term of this Agreement.
(d) Customer’s License Grant. As between You and Events.com, title to, and all intellectual property rights in Your content shall remain Your property. You grant Events.com a worldwide, non-exclusive, royalty-free, transferable, irrevocable license to: (a) use, host, store, copy, modify, make available, and communicate Your content for any purpose in connection with, and for the purpose of, rendering performance of the Services to You in accordance with these Terms and the provisions of any Services Agreement; and (b) create derivative works from Your content (such as those resulting from translations, alterations, or modifications) that, in Events.com’s judgment, make Your content better suited for use in rendering the Services. If You provide Events.com with ideas, comments, or suggestions relating to the Services all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by Events.com, and Events.com may use or disclose the feedback for any purpose.
(d) Promotional Materials. You agree to receive notifications regarding free product, promotional items, and giveaways (“Promotional Materials”) at Your Event(s) or facility(ies), but You may opt out of such option Registrants of Your Events may opt-in to receive Promotional Materials from Events.com; accordingly, we will be responsible for providing customer service for any such offers.
(e) Trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Events.com Service are trademarks or trade dress of Events.com in the U.S. and other countries. Events.com’s trademarks and trade dress may not be used in connection with any product or service that is not Events.com’s. In any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Events.com. All other trademarks not owned by Events.com that appear in any Events.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Events.com.
(f) Patents. One or more patents owned by Events.com apply to the Events.com Services and to the features and services accessible via Events.com Services. Portions of the Events.com Services operate under license of one or more patents.
(g) Customer Compliance. You agree to comply with all applicable laws, rules, and regulations relating to Your obligations hereunder. You further agree not to collect any data which could be defined as “Protected Health Information” specifically individually identifiable health information, including demographic data, that relates to (a) the individual’s past, present or future physical or mental health or condition, (b) the provision of health care to the individual, or (c) the past, present or future payment for the provision of health care to the individual.
Events.com collects certain information from individuals as part of the registration process for Your Events. As such, the Customer acknowledges and consents to the fact Events.com is collecting Your personal information pursuant to this Agreement. Accordingly, You acknowledge and consent to Events.com retaining personal information for as long as permitted, required by law, or business practices. You also acknowledge and consent that Events.com may be required by applicable securities laws and stock exchange rules to provide regulatory authorities of any personal information provided by You. You may login to our data management system to access this information. You agree to be responsible for the security of Your login information and for the use or misuse of such information by users authorized by You to use the Software and Services. You will immediately notify Events.com in writing via electronic mail at help@events.com if any such users are no longer authorized. You are responsible and liable for all content posted to the Service and any activity that occurs under Your account, even when content is posted by – or activities being deployed by – others who have accounts under Your account. You agree not to download or modify any portion of the website, except with written consent of Events.com. You may not use any Events.com’s logo or any other proprietary graphic or trademark without written express permission.
Both parties agree to use the collected information in compliance with (a) all applicable laws, rules and regulations, including, without limitation, those governing online privacy and use of credit card data (i.e. using credit card information only for purposes authorized by the cardholder); (b) applicable Payment Card Industry Data Security Standards. Customer agrees to use information about individuals obtained through the Software only as Events.com is permitted to use such individuals’ information under the terms of Events.com’s Privacy Policy as published on its website.
You acknowledge Events.com may link to third party websites, services, portals, or feeds as part of its promotion and advertising activities on Your behalf in providing the Services, including, but not limited to, Facebook, Instagram, Messenger, LinkedIn, Pinterest, Google, Spotify, Twitter, Youtube, Snapchat, Bing, Yahoo, Quora, Apple and/or Reddit. Notwithstanding Events.com’s use of such links, Events.com does not endorse, approve, recommend, or hold any responsibility for those websites, services, portals, or feeds, or their respective content or operators, and hereby disclaims all responsibility or liability for the same to the maximum extent permitted by applicable law. Events.com shall not be held responsible for any loss or damage suffered, for any reason, by You as the result of accessing websites to which Events.com or any Events.com Website may contain a link, or which may contain a link to an Events.com Website.
(a) Direct Fees Due to Events.com. Customer agrees to pay the fees as more fully described in each applicable Schedule, Separate Agreement, SOW, and/or Addendum. For registration Software, unless otherwise set forth on the applicable Schedule, Events.com will collect registration fees charged by You from individuals who register for Your Events online, for the purposes of card association rules, as a merchant of record but not a seller of record. Events.com will remit those sums to You, net of chargebacks and any other offsets, bi-weekly unless otherwise set forth in the applicable Schedule, Separate Agreement, SOW, and/or Addendum, less Events.com’s service fees as set forth in the applicable Schedule. Events.com may suspend its performance hereunder, including remitting payments, in the event it reasonably believes the Software or Services are being used for fraudulent or other suspect purposes. All fees and prices are in United States Dollars unless otherwise specified. You must pay in the currency in which the Product and/or Service is quoted or selected. If You do not hold an account in the relevant currency You may pay by debit or credit card (or any other method that Events.com may introduce from time to time) and Your card company should exchange the amount charged to the currency of Your country at their current rate.
(b) Indirect Fees Due to Events.com. All fees that are not directly collected by Events.com as part of registration fees will be due within thirty (30) days from the end of the remittance cycle during which the fees accrued. These fees are displayed on Your account statement. Past due fees shall accrue interest at the annual rate of ten percent (10%) per annum. In the event of delay in paying a fee, You agree to reimburse Events.com for any fees incurred in its collection efforts. Events.com may suspend or deactivate Your account if Your account is more than thirty (30) days past due.
(c) Fee Modification. Events.com reserves the right to modify the fees charged, provided that any increase will not exceed twelve and a half percent (12.5%). Events.com shall notify Customer at least thirty (30) days in advance of any such change. If we modify the fees, You can terminate this Agreement at that time by providing written notice within thirty (30) days following the date the change is implemented.
(d) Sales Taxes. Sales taxes vary state to state including various thresholds per each state. In certain instances, Events.com will calculate, file, and pay sales taxes due on Your behalf. As an Event Organizer, You may opt out of such service by contacting legal@events.com. However, and most importantly, Events.com does not provide tax, legal or accounting advice; if You have questions about the implications and effects of Events.com’s sales tax system on Your business, You should discuss these concerns with Your tax professional and/or a tax attorney. Events.com makes no representations, warranties, or assurance as to the accuracy, currency or completeness of the sales taxes filed. Accordingly, You are solely responsible for any inaccuracies, late fees, interest payments, and other tax implications that arise due to such tax system. As such, You agree to indemnify and hold harmless Events.com and each of their respective current and former directors, officers, founders, employees, agents, assigns and any other person for whom it is in law responsible from and against any and all expenses, damages, claims, suits, losses or actions brought against Events.com, including but not limited to claims with respect to such sales tax decisions, charges, fees, and implications. Further, Events.com and Customer acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agrees not to impose such a surcharge on any end user. In the event that United States or foreign tax authorities require additional information or documentation, Events.com reserves the right to withhold any and all payments to the Customer until such information or documentation is provided by Customer to the satisfaction of the appropriate requesting entity.
(e) Third Party Beneficiaries. In the event You are entering into these Terms of Use and seeking the Services for the benefit of a third-party event or organization (a “Third Party Beneficiary”), You agree that we may send registration fees collected by us directly to the Third Party Beneficiary.
The term of this Agreement shall be the period time from the Effective date of this Agreement until the fifteenth (15th) day after the date of Your Event, or if there are multiple Events, then such Agreement is valid until the fifteenth (15th) day after the date of Your last chronologically organized Event. Either party may terminate this Agreement: (a) upon a material breach by the other party, if such breach is not cured within thirty (30) days following written notice to the breaching party; or (b) where the other party is subject to a filed bankruptcy petition or formal insolvency proceeding that is not dismissed within thirty (30) days. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate Your use of the Services if You are not complying with these Terms, or using these Terms or Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
(a) Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party’s (not limited to): business, plans, customers, technology, proprietary information, ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, software programs, software source documents, and products, including the terms and conditions of this Agreement (“Confidential Information”). Each party shall not use in any way, for its own account or the account of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party’s Confidential Information and shall take reasonable precautions to protect the confidentiality of such information.
(b) Exceptions. Information will not be deemed Confidential Information if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; (iv) is independently developed by the receiving party or (v) is reverse-engineered only after the produce has been revealed to the public, if applicable.
To the extent there is a conflict between these Terms of Use and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which You are using the Site to organize an event (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as You are a user of the Site or the Services and in the event of termination of any membership, service or feature, You will still be bound by Your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability. Additionally, it is understood that at certain times, You may be subject to an addendum to these Terms and Conditions. Accordingly, such terms will be deemed integrated with the acceptance of these Terms and Conditions and govern Your relationship with the Company.
By using or attempting to use the Site, You certify that You are at least 18 years of age or, if You are under the age of 18, that Your parent has consented to Your use of the Site via our consent mechanism as provided to Your parent. You also certify that You are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If You do not meet these requirements or, if for any reason, You do not agree with all of the terms and conditions contained in these Terms of Use, You must stop using the Site immediately. If Events.com becomes aware of Your ineligibility, Your account will be suspended immediately without notice.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, You may be required to register with Events.com and select a password and screen name (Your “Registration”). You are responsible for maintaining the confidentiality of Your registration. You shall not (a) select or use as Your registration a name of another person with the intent to impersonate that person; (b) use as Your registration a name subject to any rights of a person other than You without appropriate authorization; or (c) use as Your registration a name that is otherwise offensive, vulgar or obscene. You shall be responsible for all uses of Your registration, whether or not authorized by You. You will immediately notify Events.com in writing of any unauthorized use of Your account, or other account related security breach of which You are aware. You also agree to: (x) provide true, accurate, current and complete information about Yourself to Events.com, and (y) maintain and promptly update Your registration information to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Events.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Events.com may immediately suspend or terminate Your account and refuse any and all current or future use of the Site or Services (or any portion thereof) by You in its sole discretion. Any Profile You submit must describe You, an individual person, or Your particular event, cause, or entity to which You have authority to represent. A fictional character, fictional event, fictional cause, or fictional entity will not be tolerated on this website, and You agree to these terms.
We are not liable for any harm caused or related to the theft or misappropriation of Your user name or password due to Your failure to take reasonable measures, Your disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. If You have reason to believe that Your account with us is no longer secure, You must promptly change Your password to the Site and immediately notify us of the problem by contacting us at help@events.com. In the event of any dispute between two or more parties as to account ownership, You agree that Events.com will be the sole arbiter of such dispute in its sole discretion and that Events.com’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
In connection with providing User Content (as defined below) and Your use of the Site and Services, You agree that You will not, nor permit anyone else to, indirectly or directly:
(a) upload, post, email, transmit or otherwise make available any User Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement);
(b) submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;
(c) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
(e) access or attempt to access parts of the Site for which You are not authorized by Events.com, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Events.com;
(f) modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
(g) use the Site or Materials for any unlawful purpose;
(h) express or imply that any statements You make are endorsed by us, without our prior written consent;
(i) impersonate any person or entity, whether actual or fictitious, including any employee or representative of Events.com;
(j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(k) transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(l) use the Site to harm minors in any way;
(m) engage in spamming or flooding;
(n) transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
(o) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
(p) remove any copyright, trademark or other proprietary rights notices contained on the Site;
(q) “stalk” or otherwise harass another;
(r) link to any page of or content on the Site without written authorization;
(s) use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site;
(t) harvest or collect information about Site visitors or members without their express consent;
(u) take any action that imposes or may impose (in Events.com’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;
(v) share use of Your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if You are not the original recipient of such passcode or password;
(w) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
(x) violate any applicable local, state, national or international law or any regulations having the force of law.
(y) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Events.com customer, employee, member, or officer will result in immediate account termination. Such account will be subject to full payment for the remaining month in which such abuses occur and will no longer be charged for any future and subsequent months after cancellation.
Any of the foregoing actions shall constitute a material breach of these Terms of Use. You acknowledge, consent and agree that Events.com may access, preserve and disclose Your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with laws, rules, regulations, or legal process; (2) enforce these Terms of Use; (3) respond to claims that any User Content violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of Events.com, its users or the public.
You understand that the technical processing and transmission of the Site, including Your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further understand the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Events.com and/or content providers who provide content to the Site. If You submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Events.com through any of its media, You acknowledge and agree that: (a) Your Submissions do not contain confidential or proprietary information; (b) Events.com is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Events.com shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Events.com may have something similar to the Submissions already under consideration or in development; (e) Your Submissions shall automatically become the property of Events.com without any obligation of Events.com to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Events.com under any circumstances.
(a) Owned by Events.com. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Events.com or its licensors, and are intended to educate and inform You about the events and other products and services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Events.com and will remain the exclusive property of Events.com. You acknowledge the Site is protected by copyright, trademark and other laws. You further acknowledge You do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Events.com’s ownership of the Site and the content therein.
(b) License. Subject to Your compliance with these Terms of Use, You may use the Materials solely for use under this Agreement, provided that You do not remove any copyright or other proprietary notices contained therein. Subject to Your compliance with these Terms of Use, we grant You a non-exclusive, non-transferable, non-sublicensable limited license to use the Site and Materials for the registration and promotion of Your Events only; provided that You may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Events.com. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
(c) Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Events.com and Events.com’s advertisers, licensors, suppliers and others. The Trademarks owned by Events.com, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Events.com, in any manner that is likely to cause confusion with customers, or in any manner that disparages Events.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Events.com, Events.com’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Events.com will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may make comparative or other nominative fair use of Trademarks owned by Events.com in advertising and promotional materials, and in referring to Events.com’s products and services (for example, in a magazine article) without Events.com’s permission, provided You follow standard trademark usage practices and provide proper attribution to Events.com. Other uses that are not “fair use” require written permission from Events.com, and absent such express permission, You agree not to use or display the Trademarks owned by Events.com in any manner. Please make such requests by email to help@events.com; we will evaluate Your request as soon as possible.
Events.com also does not support any proposal related to the adult entertainment industry, and any attempt to post such a proposal will result in immediate termination of membership.
(a) Transactions. If You wish to purchase products or services described on the Site (each, a “Transaction”), You will be asked to supply certain information applicable to Your Transaction, including, without limitation, payment card, billing information, contact information, and other information. You understand that any such information will be treated by Events.com in the manner described in our Privacy Policy. You agree to pay all charges incurred by You or any users of Your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your Transactions. You grant Events.com the right to provide any information You submit to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
(b) Additional Restrictions. In addition to these Terms of Use, Your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for Events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is Your responsibility. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
(c) Your Representations and Warranties. You represent and warrant that all information You provide, including but not limited to all information concerning Your name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and You will update all information as it changes. You agree You will only use payment cards belonging to You or for which You are expressly authorized to use. You further agree You will not attempt to conceal Your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.
(d) Problematic Transactions. If we are unable to verify or authenticate any information You provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize Your payment card or bank account information, Your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such payment card accounts and/or on any online accounts associated with such payment card accounts, and You may be prohibited from using the Site.
(e) Third Party Offerings. Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Events.com’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Events.com’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
In situations where You use our Services and/or Site to solicit charitable donations (“Donation(s)”) from individuals (“Donors”) to provide to specifically identified cause or 501(c)(3) nonprofit corporation (“Charity”), the following terms and conditions shall apply:
(a) The Services we provide through our Site are merely a platform through which an Event organizer can create and market an Event and, in addition, to fundraise and/or solicit and collect Donations. We are not a broker, financial institution or 501(c)(3) nonprofit corporation (“Charity”)
(b) Any and all Donations made as part of Your Event are handled through a third-party payment processor. These Donations are sent directly to You by this third-party payment processor and You are directly responsible for the prompt disbursement of all Donations to the appropriate Charity. We are not responsible for disbursing any Donations or communicating with Donors about the same. It is strongly recommended that You communicate with Your Donors once the Donations have been disbursed by You.
(c) We do not endorse any Charity, and make no guarantee, express or implied, that any information provided by You through the Services about the Charity, or intended use of the Donations, is accurate. You are responsible for vetting the Charity You chose to support through Your Event, and we do not guarantee that such Charity is in good standing with applicable federal and state agencies and/or has tax-exempt status.
(d) If You solicit Donations using our Services and/or Site, You represent, warrant and covenant that:
(e) Failure to strictly follow any of the above-listed representations, warranties and covenants will result in immediate temporary – or permanent – suspension of Your account with Events.com, at the sole discretion of Events.com, and potential prohibition from using our Services and/or Site going forward. Further, You agree to indemnify, and hold harmless, Events.com, its parent, subsidiaries, affiliates, and each of their respective directors, officers, shareholders, representatives, employees and agents (collectively, “Indemnitees”) against all costs, expenses, and losses (including reasonable attorneys’ fees and costs) incurred as a result of any and all third-party claims against the Indemnitees for breach of any representation, warranty or covenant set forth herein, or other violation of the terms and conditions stated herein.
(f) Events.com expressly prohibits individuals or entities who fundraise and/or solicit Donations using our Services and/or Site from making any fraudulent or deceptive statements regarding the same, and from fundraising or soliciting Donations for purposes deemed prohibited by Events.com and as generally described herein. To the extent Events.com suspects any violation(s) by You in this regard, Events.com reserves the right to take immediate and necessary action to address any issue including, but not limited to, temporary or permanent suspension of Your account, freezing of any and all funds relating to Your Event and/or account, reporting You to law enforcement authorities, and taking any other appropriate legal action.
(g) The following are examples of fundraising and/or donation solicitation activities that are prohibited by Events.com. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these terms and conditions. Without limiting the foregoing, You agree not to use the Services and/or Site to: (i) raise funds or solicit Donations involving: (1) the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which You are bound, including those of payment card providers and transaction processors that You utilize in connection with the Services and/or Site; (2) any election campaigns that are not run by a registered organization within the supported country; (3) content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible; (4) drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; (5) legal substances that provide the same effect as an illegal drug; (5) products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; (6) knives, explosives, ammunition, firearms, or other weaponry or accessories; (7) annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies; (8) gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes; (9) campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases; (10) activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; (11) funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; (12) pornography or other sexual content; (13) offensive, graphic, perverse or sensitive content; (14) collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Events.com; (15) credit repair or debt settlement services; (16) the receipt or grant of cash advances or lines of credit to Yourself or to another person for purposes other than those purposes clearly stated in the Event; (17) the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; (18) counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; (19) products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; (20) processing where there is no bona fide donation accepted; (21) any other activity that Events.com may deem in its sole discretion to be unacceptable; and (ii) raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor
(h) With respect to all Donations You accept using the Services and/or Site, You agree: (i) not to accept any donations You know or suspect to be erroneous, suspicious or fraudulent; (ii) not to use the Services and/or Site in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC); (iii) to maintain a copy of all electronic and other records related to Donations as necessary for Events.com to verify compliance with these terms and conditions, and make such records available to Events.com upon our request.
(i) For clarity, the foregoing does not affect or limit Your obligations to: (1) maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and (2) at Events.com’s request, including without limitation in case of investigations by Events.com, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
(i) Events.com reserves the right to refuse, condition, or suspend any Donations or other transactions we believe in our sole discretion may violate our terms of service or harm the interests of our users, business partners, the public, or Events.com, or that expose Events.com or others to risks we consider to be unacceptable. We may share any information related to Your use of the Services and/or Site with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about You, Your account, Your Donors, Your Donations, and transactions made through or in connection with Your use of the Services.
No Guarantee. Although Events.com strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Events.com endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
No Endorsement. In addition, portions of the Materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Events.com expressly disclaims any liability with respect to the foregoing.
Events.com and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and You may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”). By sending or transmitting User Content to Events.com, or by posting such User Content to any area of the Site, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN EVENTS.COM’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY.
To the extent permitted by law, You specifically waive any “moral rights,” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to Your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If You have any User Content that You would like to keep confidential and/or do not want others to use, do not post it to the Site. EVENTS.COM IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT You POST TO THE SITE. If Events.com does decide, in its sole discretion, to attribute User Content to You, You hereby grant Events.com the right to use Your member, or Events name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of Your member or Events name. For clarity, the foregoing license grant to Events.com does not affect Your other ownership or license rights in Your User Content, including the right to grant additional licenses to the material in Your User Content, unless otherwise agreed in writing.
You further acknowledge that Events.com (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay You any royalty or other amounts on any revenues or other consideration that Events.com receives directly or indirectly from the use or display of Your User Content or otherwise from the exercise of Events.com’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Events.com or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of Your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Events.com. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and You hereby completely and irrevocably release and forever discharge us from and waive, any legal or equitable rights or remedies You have or may have against Events.com with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Events.com community or others.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Events.com. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by Your reliance on such information obtained through the Site. If notified by a user of User Content that allegedly does not conform to these Terms of Use, Events.com may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent and/or warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Events.com under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms of Use; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
You further understand the internet has no geographical boundaries, and You therefore agree to comply with all local rules regarding online conduct and acceptable User Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. You acknowledge and agree we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. Events.com reserves the right to delete from the Site any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of Your registration and/or accounts with Events.com. You acknowledge Events.com may or may not pre-screen User Content, but that Events.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Events.com and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree that You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, You acknowledge that You may not rely on any User Content created by Events.com or submitted to Events.com, including without limitation information in Events.com’s message boards and in all other parts of the Site.
Testimonials: The Company is not responsible for any content posted or displayed on any page within the Company website by our users (including event promoters). Such information does not represent the viewpoints or opinions of our company. The Company cannot be held responsible for any agreements, contracts, unfulfilled promises or any communication made between an event promoter and a third party. The Company is not responsible for any illegal or unlawful material — including defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or copyrighted material — posted to an event page by an event promoter on our website or otherwise provided by users to, through, or using this website.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If You have any complaints with respect to material posted on the Service, You may contact our Designated Agent at the following address:
Events.com, Inc.
Attention: DMCA Designated Agent / Corporate Counsel,
811 Prospect Street, La Jolla, California 92037.
E-mail: help@events.com.
Any notice alleging that materials hosted by or distributed through the Site or Services infringe intellectual property rights must include the following information:
Repeat Infringers. Events.com will promptly terminate, without notice, the accounts of users that are determined by Events.com to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site or Services more than twice.
As a convenience to our members, we may provide links to third-party websites. If You use these links, You are leaving Events.com and its Site. Your dealings with third parties through links to such third party websites or applications are solely between You and such third party. Any purchase, enabling, or engagement of Third-PartyServices, including but not limited to implementation, customization, consulting services, and any exchange of Data between You and any Third-Party Service, is solely between You and the applicable Third-Party Service provider and is subject to the terms and conditions of such Third-Party Provider. Unless otherwise explicitly stated, Events.com is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for Your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Events.com offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality, accuracy, or legality of any sites to which we may provide links. Events.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim You might have against Events.com with respect to such sites. Events.com and/or third parties may, from time to time, send email messages to You containing advertisements, promotions, etc. pursuant to our Privacy Policy. Events.com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and You agree that neither Events.com nor such third party shall have any liability with respect thereto.
Company does not warrant, endorse or support Third-Party Services and is not responsible or liable for such Services or any losses or issues that result as Your use of such services. If You purchase, enable or engage any Third-Party Service for use in connection with the Services, You acknowledge that Company may allow providers of those Third-Party Services to access Your Data used in connection with the Services as required for the interoperation of such Third-Party Services with the Services. You represent and warrant that Your use of any Third-Party Service signifies Your independent consent to the access and use of Your Data by the Third-Party Service provider, and that such consent, use, and access is outside of Company’s control. Company will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service providers.
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY EVENTS.COM, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Events.com recognizes the particular importance of protecting privacy where children and/or minors are involved. We do not knowingly collect personal information from children under the age of 13 nor knowingly allow such persons to register for our services. Events.com’s Services and its content are not directed at children under the age of 13. In the event we learn we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If a child under the age of 13 has provided Events.com with personal information online, we ask a parent or guardian to contact Events.com at help@events.com in order to have such information removed. We will remove the information and unsubscribe the child from any of our electronic marketing lists. Further, Events.com encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Site. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Events.com does not endorse any of the products or services listed at such websites. Our collection and use of personal information submitted to the Service by minors is subject to the terms of the Events.com Privacy Policy.
In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions set forth herein. Events.com urges You to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information You submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.
Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Events.com’s sole discretion, and without prior notice, Events.com may terminate and block Your access to the Site or to Events.com’s other services, cancel Your event registration, refuse to honor pending and future purchases made from all payment card accounts or online accounts Events.com believes may be associated with You, cancel an event registration associated with any person acting or believed to be acting in concert with You, remove any unauthorized User Content or exercise any other remedy available, if Events.com believes that Your conduct or the conduct of any person with whom Events.com believes You act in concert, or the User Content You provide, or any resale of such event registrations purchased through Events.com, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Events.com, a customer of Events.com or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place event registrations that exceed the stated limit will be deemed to be a material violation of these Terms of Use. YOU AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY TO EVENTS.COM FOR VIOLATIONS OF THESE TERMS OF USE AND YOU CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS. Events.com is not required to provide any refund to You if it exercises any of its rights or remedies because You have violated these Terms of Use or any of Events.com’s rights. Additionally, Events.com reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to You. Events.com also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to the Site without notice to You. Events.com shall not be liable to You or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVENTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVENTS.COM NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. EVENTS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.EVENTS.COM DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF EVENTS.COM, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. EVENTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVENTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTS.COM AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
The Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at help@events.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see Section 17 above.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER EVENTS.COM NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVENTS.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH EVENTS.COM; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY EVENTS.COM; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVENTS.COM; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION OR REFUND A REGISTRATION FEE; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SITE, OR EVENTS.COM PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF EVENTS.COM, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY EVENTS.COM FROM YOU OR $100 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification By You/Event Organizer. You agree to indemnify, defend and hold Events.com and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) Your breach of these Terms of Use, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials You submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) Your activities in connection with the Site; (iii) any packages, services or tools offered through Events.com; (iv) any dispute or dissatisfaction You might have with Your relationship to either the service of Your sponsor or the sponsorship opportunity, and/or (v) termination of Your access to the Site.
You shall further defend, settle, and pay Damages relating to Claims to the extent based on (i) injury or death to a person or damage to property resulting from the participation in an Event operated by You in connection with the Software and/or Services; and/or (ii) brought by a Third Party Beneficiary that relate to or arise from Your negligence, wrongdoing, or lack of authority to act on behalf of such third party. For the purposes of this Section 6, reference to Events.com shall also include its founders, officers, directors, employees, agents, suppliers and licensors.
Method of Asserting Claims. All Claims for indemnification by Events.com will be resolved as follows:
(i) If any Claim is asserted against or sought to be collected from Events.com by a third party, Events.com shall promptly notify You of the Claim in writing, in reasonable detail (the “Claim Notice”). Your obligation to indemnify Events.com is not conditioned on Events.com’s giving the Claim Notice unless the failure to give the Claim Notice prejudiced You in its defense of the Claim.
(ii) You have 15 calendar days after the mailing of the Claim Notice (the “Notice Period”) to notify Events.com (1) whether You dispute its liability to Events.com with respect to the Claim; and (2) whether You desire, at Your sole cost and expense, to defend Events.com against the Claim. During the Notice Period, Events.com may file any motion, answer, or other pleading that it deems necessary or appropriate to protect its interests or Your interests and that is not prejudicial to You.
(iii) If You notify Events.com within the Notice Period that You desire to defend Events.com against the Claim, You have the right to defend the Claim by all appropriate proceedings. Events.com may retain separate counsel to monitor or participate in, but not control, any defense or settlement. Events.com must cooperate with You and its counsel in defending against the Claim. No Claim may be settled without Your consent, which will not be unreasonably withheld or delayed.
(iv) If You fail to defend or indemnify Events.com after Events.com gives the Claim Notice, Events.com may, but is not under any obligation to, in addition to all other rights that Events.com may have, undertake the defense of, or to compromise or settle, the Claim for the account of and at the risk of You.
(v) You shall reimburse Events.com for its reasonable attorney fees, accounting fees, expert witness fees, costs, and expenses (including Events.com’s fees, costs, and expenses incurred by monitoring, participating in, or cooperating with any action, compromise, or settlement) within 30 calendar days after Your receipt of a statement of such fees, costs, and expenses. If the Claim cannot be defended solely by Events.com, You shall provide, at no cost or expense to Events.com, all information and assistance that Events.com may reasonably request.
Note: Any dispute between the sponsorship opportunity and the sponsor will be handled outside the involvement of Events.com when at all possible, and responsibility for resolution lies with the parties involved; Events.com not being one of them.
Generally. In the interest of resolving disputes between You and Events.com in the most expedient and cost effective manner, You and Events.com agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, You AND EVENTS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding subsection 26(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between You and Events.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Events.com. A neutral arbitrator must be used. The Parties can each provide options of their preferred arbitrators. If the Parties cannot agree upon an Arbitrator, AAA will provide a neutral arbitrator of its choice.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail (“Notice”). Events.com’s address for Notice is: Events.com, Inc., 811 Prospect Street, La Jolla, California 92037. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, You or Events.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Events.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in Your favor, Events.com shall pay You (x) the amount awarded by the arbitrator, if any, or (y) $100.00, whichever is greater. If the amount awarded by the arbitrator is less than the last written settlement amount offered by Events.com in settlement of the dispute prior to the arbitrator’s award then You agree that You shall not recover reasonable attorney’s fees, if such are recoverable.
Fees. In the event that You commence arbitration in accordance with these Terms, Events.com will reimburse You for Your payment of the filing fee, unless Your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Diego County, California, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse Events.com for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Written Decision. The Arbitrator will provide a written decision that will be binding on all parties.
Discovery and Relief. The use of Arbitration is meant to expedite any disputes, to promote judicial economy, and minimize costs and expenditures. With that being said, the Arbitration process will still afford certain benefits to each Party as that found in the litigation process. Accordingly, each Party will be allowed for more than minimal discovery and permitted all types of relief otherwise available in court.
No Class Actions. You AND EVENTS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Events.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. In the event that Events.com makes any future change to this arbitration provision (other than a change to Events.com’s address for Notice), You may reject any such change by sending us written notice within 30 days of the change to Events.com’s address for Notice, in which case Your account with Events.com shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments You reject shall survive.
Enforceability. If any party of this subsection is found to be unenforceable or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 26 shall govern any action arising out of or related to these Terms.
Normal carrier charges, messaging charges, and taxes may apply to any Materials You access from the Site. Events.com is not responsible for any surcharges You incur from Your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions or applications, Your carriers’ normal rates and fees, including text messaging and data fees may apply to Your use of the Site or Services. In the event You change or deactivate Your mobile telephone number, You agree that You will (i) notify us in writing of such change or deactivation of Your mobile telephone number and (ii) update Your account information within 48 hours to ensure that Your messages are not sent to the person who acquires Your old number.
You and Events.com agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site and Services. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. The exclusive jurisdiction and venue of any action arising out of or related to the Site, the Services, or these Terms of Use will be either the state or federal courts in San Diego County, California, and You agree and submit to the personal and exclusive jurisdiction and venue of these courts. Accordingly, the validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of California, without giving effect to principles of conflicts of law.
This Site and software derived from this Site is further subject to United States export controls. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. Accordingly, no software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived therefrom, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.’ You also agree that You will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
We believe that Your privacy and the privacy of all our users are important. These Terms of Use are subject to the Privacy Policy, which is hereby incorporated by reference. Please carefully review our Privacy Policy. By using the Site, You acknowledge that You have read, and You agree to be bound by the terms of our Privacy Policy.
If You have any questions, comments regarding these Terms of Use or the Site, feel free to contact us at: getsupport@events.com or by writing at Events.com, Inc., 811 Prospect Street, La Jolla, California 92037. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Events.com may provide You with notices, including those regarding breaches of security, by email, regular mail or postings on the Site. All notices from You to Events.com must be sent to:Events.com, Inc., 811 Prospect Street, La Jolla, California 92037 or getsupport@events.com and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.
Please note that providing detailed and accurate information at the outset will facilitate efficient processing of Your request. That information will include, for example, e-mail and/or credit card number used to make purchases; login/registration information, name, and issue/causes of actions against Events.com.
Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Service Provider, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Events.com may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
Right to Amend: Company has the right to Amend the provisions under these Terms and Conditions within its sole discretion but will inform. However, the Company will inform the Customer in writing any amendments to the Terms and Conditions.
Survival. Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
Authority. You represent to Events.com that You have the authority to register with Events.com according to these Terms of Use.
Waiver. The failure of Events.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Notices. Events.com may provide You with notices, including those regarding changes to these Terms of Use and notices regarding breaches of security, by email, regular mail or postings on the Site. By using the Site or Services, You consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about Your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. Any notices required to be given to Events.com under this Agreement by regular mail shall be in writing sent to the address set forth to the address set forth above to the attention of General Counsel. Notices will be deemed received the next day if sent via overnight mail or courier with confirmation of receipt, or three (3) days after deposited in the mail sent certified or registered.
No Third Party Beneficiaries. Except for certain Events.com licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.
Severability. If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms of Use (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms of Use shall be deemed amended accordingly.
International Use. The Service is hosted in and operated from the United States. If You choose to use the Service from the European Union or other regions of the world with laws that may differ from U.S. law, then please note that You are using a service governed by U.S. law and are transferring Your Personal Information outside of those regions to the United States for storage and processing. In order to determine and understand Your rights under a different countries, please view the following amendments.
Different Versions. We may translate these Terms of Use, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for Your convenience. The English language version of each of these documents is the version that governs Your use of the Site and in the event of any conflict between the English language version and a translated version, the English language version will control. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter hereof and can only be modified or amended by a subsequent written agreement executed by both parties.
Survival. Sections 2, 3, 5, 6, 7, and 8 of this Agreement and any fees owed by You shall survive any termination or expiration of this Agreement.
Force Majeure. Neither party will be deemed to be in default hereunder, or will be liable to the other, for failure to perform any of its obligations under this Agreement to the extent that such failure results from any event or circumstance beyond that party’s reasonable control. If there is a default or delay in a Party’s performance of its obligations under this Agreement (except for the obligation to make any payments under this Agreement), and the default or delay is caused by circumstances beyond the reasonable control of that Party including but not limited to fire, flood, earthquake, elements of nature, acts of God, epidemic, explosion, power failure, war, terrorism, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then that Party shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-by-day basis, if that Party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance.
Government Regulations. Customer shall not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Relationship of Parties. Events.com and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Events.com and Customer. Neither Events.com nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
Notice of Customer’s Refund Policy. Customer agrees to clearly communicate, and make freely available to the public, Customer’s refund policy. Customer will make diligent efforts to insure that the information is updated, accurate and easily accessible and discoverable online to all interested individuals, registrants, and users.
Marketing Cooperation. Customer agrees to use reasonable and diligent efforts in cooperation with Events.com’s continued branding and marketing efforts which may include, but is not limited to, being available and contributing to the research of a limited case study and/or white paper regarding Your business and the relationship with Events.com, providing quotable material for print advertisements and joint press releases (subject to mutual approval prior to publication), and cooperating with any third party client endorsements. In addition, Customer hereby grants a non-exclusive license to Events.com for the limited-use of Customer’s corporate logo(s) and name in Events.com marketing and promotional materials during the period of this Agreement
Effective Date: JULY 2021
Welcome to Events.com. Events.com and/or its affiliates (“Events.com” or “Company”) provides website features and other products and services (discussed below). By using Events.com and its services, You agree, on behalf of Yourself and all members of Your household and others who use any Services under Your account, to the following conditions. PLEASE READ CAREFULLY BEFORE ACCEPTING.
These Terms of Use shall apply to
(a) all websites owned and/or operated by Events.com, Inc., a California corporation, including without limitation the website on which these Terms of Use are posted and Events.com’s subsidiary and/or affiliate entities whether or not referred to directly as Events.com (collectively, “Events.com”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and
(b) any and all services available on or through the Site (together with the Site, the “Services”).
By accessing and/or using the Site, You are expressly agreeing to comply with and be bound by the following Terms of Use, Events.com’s Privacy Policy located at: https://more.events.com/privacy.html (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Events.com and any and all entities that control, are controlled by, or are affiliated or under common control with Events.com, are collectively referred to herein as “we,” “us” or “our.” “You,” “Your,” “Event Registrant,” or “Customer” refers to You, a user of the Site, or to the parent or legal guardian (over the age of 18) of a user of the Site if such user is a minor in his or her state of residence.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY LOGGING IN, YOU ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THIS IS A LEGAL CONTRACT FOR SERVICES. If You are not eligible, or do not agree to these Terms of Use, then please do not use the Site or the Services. The Effective Date of this agreement shall be today’s day, the date You accept the these Terms of Use.
These Terms of Use provide that all disputes between You and Events.com will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and Your claims cannot be brought as a class action. Please review Section 26 below for the details regarding Your agreement to arbitrate any disputes with Events.com.
Your use of the Service is at Your sole risk. The service is provided on an “as is” and “as available” basis.
To the extent there is a conflict between these Terms of Use and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which You are using the Site to organize an event (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as You are a user of the Site or the Services and in the event of termination of any membership, service or feature, You will still be bound by Your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability. Additionally, it is understood that at certain times, You may be subject to an addendum to these Terms and Conditions. Accordingly, such terms will be deemed integrated with the acceptance of these Terms and Conditions and govern Your relationship with the Company.
By using or attempting to use the Site, You certify that (i) You are at least 18 years of age or, (ii) if You are under the age of 18, that Your parent has consented to Your use of the Site via our consent mechanism as provided to Your parent. You also certify You are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If You do not meet these requirements or, if for any reason, You do not agree with all of the terms and conditions contained in these Terms of Use, You must stop using the Site immediately.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, You may be required to register with Events.com and select a password and screen name (Your “registration”). You are responsible for maintaining the confidentiality of Your registration. You shall not (i) select or use as Your registration a name of another person with the intent to impersonate that person; (ii) use as Your registration a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as Your registration a name that is otherwise offensive, vulgar or obscene.You shall be responsible for all uses of Your registration, whether or not authorized by You. You will immediately notify Events.com in writing of any unauthorized use of Your account, or other account related security breach of which You are aware. You also agree to: (i) provide true, accurate, current and complete information about Yourself to Events.com, and (ii) maintain and promptly update Your registration information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Events.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Events.com may immediately suspend or terminate Your account and refuse any and all current or future use of the Site or Services (or any portion thereof) by You in its sole discretion.We are not liable for any harm caused or related to the theft or misappropriation of Your user name or password due to Your failure to take reasonable measures, Your disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. If You have reason to believe that Your account with us is no longer secure, You must promptly change Your password to the Site and immediately notify us of the problem by contacting us at help@events.com. In the event of any dispute between two or more parties as to account ownership, You agree that Events.com will be the sole arbiter of such dispute in its sole discretion and that Events.com’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Events.com collects certain information from individuals as part of the registration process for Your Events. As such, the Customer acknowledges and consents to the fact Events.com is collecting Your personal information pursuant to this Agreement. Accordingly, You acknowledge and consent to Events.com retaining personal information for as long as permitted, required by law, or business practices. You also acknowledge and consent that Events.com may be required by applicable securities laws and stock exchange rules to provide regulatory authorities of any personal information provided by You. You may login to our data management system to access this information. You agree to be responsible for the security of Your login information and for the use or misuse of such information by users authorized by You to use the Software and Services. You will immediately notify Events.com in writing via electronic mail at help@events.com if any such users are no longer authorized. You are responsible and liable for all content posted to the Service and any activity that occurs under Your account, even when content is posted by – or activities being deployed by – others who have accounts under Your account. You agree not to download or modify any portion of the website, except with written consent of Events.com. You may not use any Events.com’s logo or any other proprietary graphic or trademark without written express permission.
Both parties agree to use the collected information in compliance with (a) all applicable laws, rules and regulations, including, without limitation, those governing online privacy and use of credit card data (i.e. using credit card information only for purposes authorized by the cardholder); (b) applicable Payment Card Industry Data Security Standards. Customer agrees to use information about individuals obtained through the Software only as Events.com is permitted to use such individuals’ information under the terms of Events.com’s Privacy Policy as published on its website.
You acknowledge Events.com may link to third party websites, services, portals, or feeds as part of its promotion and advertising activities on Your behalf in providing the Services, including, but not limited to, Facebook, Instagram, Messenger, LinkedIn, Pinterest, Google, Spotify, Twitter, Youtube, Snapchat, Bing, Yahoo, Quora, Apple and/or Reddit. Notwithstanding Events.com’s use of such links, Events.com does not endorse, approve, recommend, or hold any responsibility for those websites, services, portals, or feeds, or their respective content or operators, and hereby disclaims all responsibility or liability for the same to the maximum extent permitted by applicable law. Events.com shall not be held responsible for any loss or damage suffered, for any reason, by You as the result of accessing websites to which Events.com or any Events.com Website may contain a link, or which may contain a link to an Events.com Website.
In connection with providing User Content (as defined below) and Your use of the Site and Services, You agree that You will not, nor permit anyone else to, indirectly or directly:
(a) upload, post, email, transmit or otherwise make available any User Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement);
(b) submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;
(c) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
(e) access or attempt to access parts of the Site for which You are not authorized by Events.com, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Events.com;
(f) modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
(g) use the Site or materials for any unlawful purpose;
(h) express or imply that any statements You make are endorsed by us, without our prior written consent;
(i) impersonate any person or entity, whether actual or fictitious, including any employee or representative of Events.com;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(k) transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(l) use the Site to harm minors in any way;
(m) engage in spamming or flooding;
(n) transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
(o) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
(p) remove any copyright, trademark or other proprietary rights notices contained on the Site;
(q) “stalk” or otherwise harass another;
(r) link to any page of or content on the Site without written authorization;
(s) use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site;
(t) harvest or collect information about Site visitors or members without their express consent;
(u) take any action that imposes or may impose (in Events.com’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;
(v) share use of Your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if You are not the original recipient of such passcode or password;
(w) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
(x) violate any applicable local, state, national or international law or any regulations having the force of law.
(y) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Events.com customer, employee, member, or officer will result in immediate account termination. Such account will be subject to full payment for the remaining month in which such abuses occur and will no longer be charged for any future and subsequent months after cancellation.
Any of the foregoing actions shall constitute a material breach of these Terms of Use. You acknowledge, consent and agree that Events.com may access, preserve and disclose Your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with laws, rules, regulations, or legal process; (2) enforce these Terms of Use; (3) respond to claims that any User Content violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of Events.com, its users or the public.
You understand that the technical processing and transmission of the Site, including Your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further understand the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Events.com and/or content providers who provide content to the Site. If You submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Events.com through any of its media, You acknowledge and agree that: (a) Your Submissions do not contain confidential or proprietary information; (b) Events.com is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Events.com shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Events.com may have something similar to the Submissions already under consideration or in development; (e) Your Submissions shall automatically become the property of Events.com without any obligation of Events.com to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Events.com under any circumstances.
(a) Owned by Events.com. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Events.com or its licensors, and are intended to educate and inform You about the events and other products and services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Events.com and will remain the exclusive property of Events.com. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge You do not acquire any ownership rights by using the Site or the materials. You shall not challenge, contest or otherwise impair Events.com’s ownership of the Site and the content therein.
(b) License. Subject to Your compliance with these Terms of Use, You may use the materials solely for use under this Agreement, provided You do not remove any copyright or other proprietary notices contained therein. Subject to Your compliance with these Terms of Use, we grant You a non-exclusive, non-transferable, non-sublicensable limited license to use the Site and materials for the registration and promotion of Your Events only; provided You may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Events.com. Use of the Site and materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
(c) Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Events.com and Events.com’s advertisers, licensors, suppliers and others. The Trademarks owned by Events.com, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Events.com, in any manner that is likely to cause confusion with customers, or in any manner that disparages Events.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Events.com, Events.com’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Events.com will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may make comparative or other nominative fair use of Trademarks owned by Events.com in advertising and promotional materials, and in referring to Events.com’s products and services (for example, in a magazine article) without Events.com’s permission, provided You follow standard trademark usage practices and provide proper attribution to Events.com. Other uses that are not “fair use” require written permission from Events.com, and absent such express permission, You agree not to use or display the Trademarks owned by Events.com in any manner. Please make such requests by email to help@events.com; we will evaluate Your request as soon as possible.
(d) Promotional Materials. You agree to receive notifications regarding free product, promotional items, and giveaways (“Promotional Materials”), but You may opt out of such option Registrants of Your Events may opt-in to receive Promotional Materials from Events.com; accordingly, we will be responsible for providing customer service for any such offers. The Company reserves the right to send Promotional Materials regarding Events and/or other Material that we feel You may be interested in based upon Your searches including updates surrounding previous events You may have attended and/or registered.
Events.com also does not support any proposal related to the adult entertainment industry, and any attempt to post such a proposal will result in immediate termination of membership.
Transactions. If You wish to purchase products or services or register for an Event described on the Site (each, a “Transaction”), You will be asked to supply certain information applicable to Your Transaction, including, without limitation, payment card and other information. You understand that any such information will be treated by Events.com in the manner described in our Privacy Policy. You agree to pay all charges incurred by You or any users of Your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your Transactions. You grant Events.com the right to provide any information You submit to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Additional Restrictions. In addition to these Terms of Use, Your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for Events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is Your responsibility. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
Your Representations and Warranties. You represent and warrant that all information You provide, including but not limited to all information concerning Your name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and that You will update all information as it changes. You agree that You will only use payment cards belonging to You or for which You are expressly authorized to use. You further agree that You will not attempt to conceal Your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.
Problematic Transactions. If we are unable to verify or authenticate any information You provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize Your payment card or bank account information, Your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such payment card accounts and/or on any online accounts associated with such payment card accounts, and You may be prohibited from using the Site.
Third Party Offerings. Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Events.com’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Events.com’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
Fees May be Required. Events.com may require payment of access fees in connection with the Site and Services. Payment processing services for You on Events.com are provided by our payment processing service provider Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to operate as a User on Events.com, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Events.com enabling payment processing services through Stripe, You agree to provide Events.com accurate and complete information about You and Your business, and You authorize Events.com to share it and transaction information related to Your use of the payment processing services provided by Stripe. All fees shall be paid in U.S. dollars.
Changes in Fees. Events.com reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Events.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Events.com posts such modification on the Site. Events.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after You register for the associated service. You may cancel Your account or any associated optional or upgraded services therefore at any time, but Events.com will not refund any remaining portion of Your pre-paid fees and You may be charged an additional cancellation fee.
Payment. You agree to pay Your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from Your Transaction or use of the Service. Amounts not paid by You to Events.com when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if Your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that Events.com may incur in its efforts to collect any remaining balances due from You. These Terms of Use shall in no way limit any other remedies available to Events.com. You also understand and agree that You will be billed for and will pay any outstanding balances if You cancel Your account or Your account is terminated. You must notify Events.com of any billing problems or discrepancies within sixty (60) days after they first appear on Your payment card account statement. If You do not notify Events.com within sixty (60) days, You waive any right to dispute such problems or discrepancies.
Third Party Sellers. Parties other than Events.com provide services, or sell products or access to their Events on the Site. You may order services or merchandise through the Site from other persons not affiliated with Events.com (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between You and Seller. Events.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Events.com, nor will Events.com be construed as, a party to such transactions, whether or not Events.com may have received some form of revenue or other remuneration in connection with the transaction. You agree that Events.com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals. Events.com does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. It is the responsibility of the Event organizer to communicate its refund policy to You and to issue refunds to You via the Site or otherwise. You understand and agree that Event organizers reserve the right to cancel Events for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, any pandemics, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of Your payment unless authorized by the Event organizer. If You want to request a refund, You must request the refund directly from the Event organizer. To the extent that an Event is cancelled or does not meet Your expectations for any reason, You must contact the Event organizer and Your sole and exclusive remedy with respect to the Event is with the Event organizer and not with Events.com. All communications or disputes regarding refunds are between the Event organizer and You. Events.com will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Event. In addition, Events.com is not responsible for the truth or accuracy of any listings by Event organizers or the ability of any Event organizer to perform, hold an Event, or complete a transaction. Notwithstanding the foregoing, You may report the misconduct of Event organizers and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
When You make a donation, Events.com receives a fee for the use of our technology without any additional charge to You. Donations collected by Events.com will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less Events.com’s fee. Any refunds shall be exclusively and directly handled by the designated charitable organization. Events.com shall not be responsible for processing or making any refunds.
No Guarantee. Although Events.com strives to provide materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Events.com endeavors to use reasonable care in assembling the materials, the materials may not be up-to-date, accurate or complete.
No Endorsement. In addition, portions of the materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Events.com expressly disclaims any liability with respect to the foregoing.
Events.com and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and You may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”). By sending or transmitting User Content to Events.com, or by posting such User Content to any area of the Site, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN EVENTS.COM’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY.
To the extent permitted by law, You specifically waive any “moral rights,” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to Your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If You have any User Content that You would like to keep confidential and/or do not want others to use, do not post it to the Site. EVENTS.COM IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE. If Events.com does decide, in its sole discretion, to attribute User Content to You, You hereby grant Events.com the right to use Your member, or Events name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of Your member or Events name. For clarity, the foregoing license grant to Events.com does not affect Your other ownership or license rights in Your User Content, including the right to grant additional licenses to the material in Your User Content, unless otherwise agreed in writing.
You further acknowledge that Events.com (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay You any royalty or other amounts on any revenues or other consideration that Events.com receives directly or indirectly from the use or display of Your User Content or otherwise from the exercise of Events.com’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Events.com or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of Your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Events.com. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and You hereby completely and irrevocably release and forever discharge us from and waive, any legal or equitable rights or remedies You have or may have against Events.com with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Events.com community or others.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Events.com. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by Your reliance on such information obtained through the Site. If notified by a user of User Content that allegedly does not conform to these Terms of Use, Events.com may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent and/or warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Events.com under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms of Use; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
You further understand the internet has no geographical boundaries, and You therefore agree to comply with all local rules regarding online conduct and acceptable User Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. You acknowledge and agree that we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.Events.com reserves the right to delete from the Site any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of Your registration and/or accounts with Events.com. You acknowledge Events.com may or may not pre-screen User Content, but Events.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Events.com and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, You acknowledge that You may not rely on any User Content created by Events.com or submitted to Events.com, including without limitation information in Events.com’s message boards and in all other parts of the Site.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If You have any complaints with respect to material posted on the Service, You may contact our Designated Agent at the following address:
Events.com, Inc.
Attention: DMCA Designated Agent / Corporate Counsel,
811 Prospect Street, La Jolla, California 92037.
E-mail: help@events.com.
Any notice alleging that materials hosted by or distributed through the Site or Services infringe intellectual property rights must include the following information:
Repeat Infringers. Events.com will promptly terminate, without notice, the accounts of users that are determined by Events.com to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site or Services more than twice.
As a convenience to our members, we may provide links to third-party web sites. If You use these links, You are leaving Events.com and its Site. Your dealings with third parties through links to such third party websites or applications are solely between You and such third-party. Any purchase, enabling, or engagement of Third-Party Services, including but not limited to implementation, customization, consulting services, and any exchange of Data between You and any Third-Party Service, is solely between You and the applicable Third-Party Service provider and is subject to the terms and conditions of such Third-Party Provider. Unless otherwise explicitly stated, Events.com is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for Your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Events.com offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality, accuracy, or legality of any sites to which we may provide links. Events.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim You might have against Events.com with respect to such sites. Events.com and/or third parties may, from time to time, send email messages to You containing advertisements, promotions, etc. pursuant to our Privacy Policy. Events.com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and You agree that neither Events.com nor such third party shall have any liability with respect thereto.
Company does not warrant, endorse or support Third-Party Services and is not responsible or liable for such Services or any losses or issues that result as Your use of such services. If You purchase, enable or engage any Third-Party Service for use in connection with the Services, You acknowledge that Company may allow providers of those Third-Party Services to access Your Data used in connection with the Services as required for the interoperation of such Third-Party Services with the Services. You represent and warrant that Your use of any Third-Party Service signifies Your independent consent to the access and use of Your Data by the Third-Party Service provider, and that such consent, use, and access is outside of Company’s control. Company will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service providers.
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY EVENTS.COM, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Events.com recognizes the particular importance of protecting privacy where children and/or minors are involved. We do not knowingly collect personal information from children under the age of 13 nor knowingly allow such persons to register for our services. Events.com’s Services and its content are not directed at children under the age of 13. In the event we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If a child under the age of 13 has provided Events.com with personal information online, we ask that a parent or guardian contact Events.com at help@events.com in order to have such information removed. We will remove the information and unsubscribe the child from any of our electronic marketing lists. Further, Events.com encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Site. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Events.com does not endorse any of the products or services listed at such websites. Our collection and use of personal information submitted to the Service by minors is subject to the terms of the Events.com Privacy Policy.
In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions set forth herein. Events.com urges You to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information You submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.
These Terms of Use shall remain effective until terminated. We reserve the right to immediately terminate these Terms of Use, and/or Your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms of Use, Your right to use the Site shall immediately cease, and You shall destroy all Materials obtained from the Site and all copies thereof. You agree that any termination of Your access to or use of the Site may be effected without prior notice, and that Events.com may immediately deactivate or delete Your password and username, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Events.com shall not be liable to You or any third party for any termination of Your access to the Site or to any such information or files, and shall not be required to make such information or files available to You after any such termination.
Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Events.com’s sole discretion, and without prior notice, Events.com may terminate and block Your access to the Site or to Events.com’s other services, cancel Your event registration, refuse to honor pending and future purchases made from all payment card accounts or online accounts Events.com believes may be associated with You, cancel an event registration associated with any person acting or believed to be acting in concert with You, remove any unauthorized User Content or exercise any other remedy available, if Events.com believes that Your conduct or the conduct of any person with whom Events.com believes You act in concert, or the User Content You provide, or any resale of such event registrations purchased through Events.com, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Events.com, a customer of Events.com or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place event registrations that exceed the stated limit will be deemed to be a material violation of these Terms of Use.YOU AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY TO EVENTS.COM FOR VIOLATIONS OF THESE TERMS OF USE AND YOU CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS.Events.com is not required to provide any refund to You if it exercises any of its rights or remedies because You have violated these Terms of Use or any of Events.com’s rights. Additionally, Events.com reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to You. Events.com also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to the Site without notice to You. Events.com shall not be liable to You or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVENTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVENTS.COM NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. EVENTS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.EVENTS.COM DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF EVENTS.COM, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. EVENTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVENTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTS.COM AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.The Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at help@events.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see Section 12 above.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER EVENTS.COM NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVENTS.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH EVENTS.COM; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY EVENTS.COM; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVENTS.COM; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION OR REFUND A REGISTRATION FEE; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SITE, OR EVENTS.COM PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF EVENTS.COM, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY EVENTS.COM FROM YOU OR $100 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification By You/User. You agree to indemnify, defend and hold Events.com and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) Your breach of these Terms of Use, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials You submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) Your activities in connection with the Site; (iii) any packages, services or tools offered through Events.com; (iv) any dispute or dissatisfaction You might have with Your relationship to either the service of Your sponsor or the sponsorship opportunity, and/or (v) termination of Your access to the Site.
You shall further defend, settle, and pay Damages relating to Claims to the extent based on (i) injury or death to a person or damage to property resulting from the participation in an Event operated by You in connection with the Software and/or Services; and/or (ii) brought by a Third Party Beneficiary that relate to or arise from Your negligence, wrongdoing, or lack of authority to act on behalf of such third party. For the purposes of this Section 6, reference to Events.com shall also include its founders, officers, directors, employees, agents, suppliers and licensors.
Method of Asserting Claims. All Claims for indemnification by Events.com will be resolved as follows:
(i) If any Claim is asserted against or sought to be collected from Events.com by a third party, Events.com shall promptly notify You of the Claim in writing, in reasonable detail (the “Claim Notice”). Your obligation to indemnify Events.com is not conditioned on Events.com’s giving the Claim Notice unless the failure to give the Claim Notice prejudiced You in its defense of the Claim.
(ii) You have 15 calendar days after the mailing of the Claim Notice (the “Notice Period”) to notify Events.com (1) whether You dispute its liability to Events.com with respect to the Claim; and (2) whether You desire, at Your sole cost and expense, to defend Events.com against the Claim. During the Notice Period, Events.com may file any motion, answer, or other pleading that it deems necessary or appropriate to protect its interests or Your interests and that is not prejudicial to You.
(iii) If You notify Events.com within the Notice Period that You desire to defend Events.com against the Claim, You have the right to defend the Claim by all appropriate proceedings. Events.com may retain separate counsel to monitor or participate in, but not control, any defense or settlement. Events.com must cooperate with You and its counsel in defending against the Claim. No Claim may be settled without Your consent, which will not be unreasonably withheld or delayed.
(iv) If You fail to defend or indemnify Events.com after Events.com gives the Claim Notice, Events.com may, but is not under any obligation to, in addition to all other rights that Events.com may have, undertake the defense of, or to compromise or settle, the Claim for the account of and at the risk of You.
(v) You shall reimburse Events.com for its reasonable attorney fees, accounting fees, expert witness fees, costs, and expenses (including Events.com’s fees, costs, and expenses incurred by monitoring, participating in, or cooperating with any action, compromise, or settlement) within 30 calendar days after Your receipt of a statement of such fees, costs, and expenses. If the Claim cannot be defended solely by Events.com, You shall provide, at no cost or expense to Events.com, all information and assistance that Events.com may reasonably request.
Note: Any dispute between the sponsorship opportunity and the sponsor will be handled outside the involvement of Events.com when at all possible, and responsibility for resolution lies with the parties involved; Events.com not being one of them.
In the interest of resolving disputes between You and Events.com in the most expedient and cost effective manner, You and Events.com agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EVENTS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Accuracy of Information: Users of any of the Company services certify that any information provided to us is complete and accurate. If we are unable to validate the billing information You provide to us, we reserve the right to cancel Your tickets or prohibit You from using this website.
Ticket Purchasing: Purchases of tickets made through the website must be made by credit or debit card. If the credit or debit card information that You submit is incorrect or invalid, Your payment will not be processed. We have no responsibility or liability if Your credit or debit card is declined by Your financial institution. Payments are processed by our third-party payment processor.
Fees: Non-refundable service fees may be added to each ticket and/or order. By purchasing tickets from the Company, You agree to pay these fees and understand that the fees will not be refunded under any circumstances. The customer is responsible for any carrier fees associated with mobile ticket delivery.
Ticket Limits: In order to discourage unfair ticket purchase practices, event promoters may set maximum limits for the number of tickets purchased per person. The Company is not responsible for these limits, nor are we able to circumvent them in any way. Any attempted or actual circumvention of these limits by a customer will result in the termination, without compensation or liability to You, of any further use of any the Company services and the nullification of any tickets purchased.
Unlawful Ticket Reselling: The Company in no way condones the unlawful resale of tickets. Any unlawful attempt to resell tickets purchased through the Company will result in the Company terminating those tickets without compensation or liability to You, as well as the customer being barred indefinitely from use of any the Company services.
Postponed Events: If an event is postponed to a later date, it is the event organizer’s responsibility to update the listing and notify the Company. In such a case, the event’s organizer is required to accept outdated tickets at the door for entrance into the event. For tickets distributed electronically, the event’s organizer shall be responsible for updating electronic tickets to reflect the postponement of the event.
Alteration of Event Listings: The Company reserves the right to expunge any event from the Company website at any time, under any circumstances, and for any reason.
Information about You:
Information Collected: The Company attempts to collect the minimum amount of Your personal information or data as possible
Event Organizers: As a third party ticketing and event management service, the information You provide on the Company website is also provided to the Event Organizer of the event You are buying tickets to or registering for. Once that information is passed to the Event Organizer, the Company has no control over how it is used, however any Event Organizer using the Company services agrees to protect Your data under the Company Ticket Seller Terms.
Data The Company Controls: Any personal information You provide to the Company is subject to the Company Privacy Policy. The Company strives to maintain a safe and secure environment that protects private information. The Company maintains PCI-DSS Level 1 compliance and for United Kingdom and European Union residents adherence to the principles of the General Data Protection Act (GDPR).
The Company may provide the ticketing software used to process ticket sales and admissions for the events listed on this website, including streamed events. We are not responsible for the production, experience or cancellation of events listed on our website. If You are unsatisfied with Your experience with an event listed on the Company’s website, You must speak to a valid representative of the event promoter or venue.
Normal carrier charges, messaging charges, and taxes may apply to any materials You access from the Site. Events.com is not responsible for any surcharges You incur from Your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions or applications, Your carriers’ normal rates and fees, including text messaging and data fees may apply to Your use of the Site or Services. In the event You change or deactivate Your mobile telephone number, You agree that You will (i) notify us in writing of such change or deactivation of Your mobile telephone number and (ii) update Your account information within 48 hours to ensure that Your messages are not sent to the person who acquires Your old number.
You and Events.com agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site and Services. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement. We operate the Service from our offices in California, and we make no representation that materials included in the Service are appropriate or available for use in other locations. The exclusive jurisdiction and venue of any action arising out of or related to the Site, the Services, or these Terms of Use will be either the state or federal courts in San Diego County, California, and You agree and submit to the personal and exclusive jurisdiction and venue of these courts. Accordingly, the validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of California, without giving effect to principles of conflicts of law.
This Site and software derived from this Site is further subject to United States export controls. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. Accordingly, no software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived therefrom, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. You also agree that You will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
The Company is not responsible for any content posted or displayed on any page within the Company website by our users (including event promoters). Such information does not represent the viewpoints or opinions of our company. The Company cannot be held responsible for any agreements, contracts, unfulfilled promises or any communication made between an event promoter and a third party. The Company is not responsible for any illegal or unlawful material — including defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or copyrighted material — posted to an event page by an event promoter on our website or otherwise provided by users to, through, or using this website.
We believe that Your privacy and the privacy of all our users are important. These Terms of Use are subject to the Privacy Policy, which is hereby incorporated by reference. Please carefully review our Privacy Policy. By using the Site, You acknowledge that You have read, and You agree to be bound by the terms of our Privacy Policy.
a. Event Participation. By registering for and participating in an Event, You
understand and agree that Your activity, participation, or attendance at such event, Your image or likeness, or other results may be posted online by the Event organizer. If You would prefer that Your results, or Your image or likeness, not be posted or be taken down, You must contact the organizer of the Event directly, and Events.com is not responsible for the posting or removal of such information. Events.com will not be responsible or otherwise liable for any use or disclosure of Your contact information, or financial information, by a third party to whom Events.com is allowed to disclose Your contact information under the Privacy Policy.
If You have any questions, comments regarding these Terms of Use or the Site, feel free to contact us at: getsupport@events.com or by writing at Events.com, Inc., 811 Prospect Street, La Jolla, California 92037. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Events.com may provide You with notices, including those regarding breaches of security, by email, regular mail or postings on the Site. All notices from You to Events.com must be sent to:Events.com, Inc., 811 Prospect Street, La Jolla, California 92037 or getsupport@events.com and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of Your request. That information will include, for example, e-mail and/or credit card number used to make purchases; login/registration information, name, and issue/causes of actions against Events.com.
Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Service Provider, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Events.com may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
Right to Amend: Company has the right to Amend the provisions under these Terms and Conditions within its sole discretion but will inform. However, the Company will inform the Customer in writing any amendments to the Terms and Conditions.
Survival. Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
Authority. You represent to Events.com that You have the authority to register with Events.com according to these Terms of Use.
Waiver. The failure of Events.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Notices. Events.com may provide You with notices, including those regarding changes to these Terms of Use and notices regarding breaches of security, by email, regular mail or postings on the Site. By using the Site or Services, You consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about Your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. Any notices required to be given to Events.com under this Agreement by regular mail shall be in writing sent to the address set forth to the address set forth above to the attention of General Counsel. Notices will be deemed received the next day if sent via overnight mail or courier with confirmation of receipt, or three (3) days after deposited in the mail sent certified or registered.
No Third Party Beneficiaries. Except for certain Events.com licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.
Severability. If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms of Use (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms of Use shall be deemed amended accordingly.
International Use. The Service is hosted in and operated from the United States. If You choose to use the Service from the European Union or other regions of the world with laws that may differ from U.S. law, then please note that You are using a service governed by U.S. law and are transferring Your Personal Information outside of those regions to the United States for storage and processing. Events.com is a global company offering Organizers and Registrants the opportunity to benefit from our Services worldwide. To allow each User full advantage of our Services and applicable law, certain additional provisions included in this Section may be applicable to You.
1. Amendments for European Union
2. Amendments for Australia
Different Versions. We may translate these Terms of Use, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for Your convenience. The English language version of each of these documents is the version that governs Your use of the Site and in the event of any conflict between the English language version and a translated version, the English language version will control. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter hereof and can only be modified or amended by a subsequent written agreement executed by both parties.
Force Majeure. Neither party will be deemed to be in default hereunder, or will be liable to the other, for failure to perform any of its obligations under this Agreement to the extent that such failure results from any event or circumstance beyond that party’s reasonable control. If there is a default or delay in a Party’s performance of its obligations under this Agreement (except for the obligation to make any payments under this Agreement), and the default or delay is caused by circumstances beyond the reasonable control of that Party including but not limited to fire, flood, earthquake, elements of nature, acts of God, epidemic, explosion, power failure, war, terrorism, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then that Party shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-by-day basis, if that Party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance.
Relationship of Parties. Events.com and You are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Events.com and You. Neither Events.com nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
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