- PROGRAMS; OTHER TERMS & CONDITIONS. Additional terms and conditions may apply to Vendor registration with any of EventNow’s business directory or lead generation programs and/or to specific portions or features of the Site, all of which are made a part of the Agreement by this reference. Vendor agrees to abide by such other terms and conditions, including (where applicable) representing that Vendor is of sufficient legal age and/or have the right and ability to use or participate in such program. EventNow’s obligations, if any, with respect to its programs and/or services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site shall be construed to alter such agreements.
- SERVICES. EventNow displays Vendor business listing information and matches requests (leads) from potential customers (“Buyers”) with Vendors listed in the EventNow Vendor directory and which may be able to meet the needs of the Buyer. EventNow is not involved in the actual transaction between end Buyer and Vendor. Consequently, EventNow cannot ensure a transaction between any Buyer and Vendor will occur between the two parties. Further, if a transaction does occur, EventNow has no control over the quality, safety or legality of the item or services sold or rendered. EventNow.com is a merely a venue for Vendor to receive requests from interested Buyers. Vendor understands EventNow does not guarantee sales or results. Vendor may receive any number of requests, clicks, or calls, a day, or may receive zero requests, clicks, and calls for products or services on any given day and possibly throughout Vendor participation in EventNow, and EventNow functions only as an intermediary that provides Buyer and Vendor with access to others within an environment that makes it easier for Buyers to engage Vendor and vice versa. Vendor agrees to assume all responsibility and liability for Vendor use of EventNow, any transactions or communications Vendor initiates either with a Buyer or a Seller, or any claims that may result there from. Moreover, Vendor acknowledges and agrees EventNow features materials, products, and services provided by third parties and persons. EventNow makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products and services may access. EventNow expressly disclaims responsibility and liability for all third party provided materials, products, and services accessed through EventNow.com.
- REGISTRATION OBLIGATIONS. Vendor agrees to provide true, accurate, current and complete information about Vendor and its business as prompted by the EventNow registration process. If Vendor does not, EventNow has the right to deny, suspend or terminate Vendor service from EventNow. The email address used to register with EventNow must be distinct and refer to Vendor.
Vendor will receive an email, usually within three (3) business days, notifying Vendor whether or not Vendor registration has been approved. EventNow may deny Vendor use of EventNow at its sole discretion. Specifically, the following Vendor is ineligible to participate in EventNow:
- Vendor who posts surveys, contests, or pyramid schemes including multi-level marketing programs;
- Aggregator of Vendor, such as directory service, call center, referral network, association, franchiser, portal, search engine or something other than a destination site will be considered an Aggregator; Aggregator is also the Vendor which directs customers from their own business website to another business website to make a transaction or purchase;
- BUSINESS ACCOUNT. Upon approval, Vendor will receive a business account with a username and password (“Vendor Account”). EventNow.com reserves the right to approve or disapprove category selections to ensure the leads provided to Vendor are appropriate for Vendor’s business. Vendor is responsible for all activities that occur under Vendor’s Account. Vendor may not allow anyone else to use Vendor Account. Additionally, Vendor may not use anyone else’s Vendor Account while using EvenNow.com. Vendor agrees to notify EventNow immediately of any unauthorized use of Vendor Account, email, or any other breach of security. EventNow will not be liable for any loss or damage arising from Vendor’s failure to comply. EventNow will exercise reasonable diligence to deliver leads to Vendor through its lead referral program. The EventNow lead referral program entails:
- Vendor agrees to have their Vendor Account automatically debited for leads, clicks and calls delivered to Vendor based on their service area, category(ies), budget and lead preferences (filters) criteria established and maintained by Vendor.
- Vendor agrees to replenish its advertising budget based on specific parameters (date & account) established in the Vendor Account.
Job Size ($) Lead Price Premium Placement Mini $1-$200 $3 $4 Small $201-$500 $7.50 $8.50 Medium $501-$1000 $15 $16 Large $1001-$2500 $30 $31 Extra Large $2501-$5000 $50 $51 Max $5001+ $60 $61
- violate of local, state, national, or international laws;
- infringe on the intellectual property rights of others or on the privacy or publicity rights of others;
- transmit, post, or reply to a posting on EventNow.com, or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by EventNow in its sole discretion;
- transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- impersonate any person or entity or falsely state or otherwise misrepresent Vendor affiliation with a person or entity;
- post improper responses;
- cross-sell other products or services on EventNow and to issue requests for information that do not directly relate to the Buyer’s request;
- stalk or otherwise harass another;
- distribute viruses, corrupted files, Trojan horses, or any other similar software or programs that may damage or interfere with the operation of another’s computer or telecommunications equipment or utilize the resources of another’s computer or telecommunications equipment without such parties express permission;
- collect or store personal data about others;
- engage in any other conduct that inhibits any other person from using or enjoying EventNow and which negatively affects the user experience;
- offer a Buyer a bribe in any form in exchange for a more favorable review;
- post and/or cut and paste and/or copy the content of a Buyer feedback review from EventNow.com to Vendor own personal or business site, to any other third party Web site and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form;
- attempt to gain feedback by receiving multiple feedback from the same Buyer;
- post or attempt to post, in any manner or by any means, a feedback review on Vendor Account
Vendor acknowledges and agrees EventNow is not responsible for screening, policing, editing, or monitoring Vendor, another Buyer, or other third party content posted to EventNow.com and its forums, including any opinions. EventNow is not the publisher of the postings Vendor or any other Buyer posts on EventNow.com. Nevertheless, EventNow reserves the right to delete and/or take other action with respect to postings and requests that EventNow believes violate the Agreement and/or are potentially unlawful. Moreover, it is a policy of EventNow to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If Vendor becomes aware of postings that violate these laws and regulations regarding acceptable behavior or content, Vendor may contact vendors@EventNow.com. Vendor acknowledges EventNow does not verify the truth or falsity of any review of any Vendor posted on EventNow.com by Buyers or otherwise endorse, oppose, or edit any posting, opinion, or request and has no responsibility, legal or otherwise, for the content of such reviews.
- TERMINATION. Vendor may terminate this Agreement at any time via email notice to support@EventNow.com with the words “Terminate Account” in the subject line of the email. Vendors’ Account is not terminated until Vendor receives written confirmation from an authorized representative of EventNow. Please review the following detailed information about terminating Vendor Account:
- RELEASE. EventNow is not involved in the actual transaction between Buyer and Vendor, or in the verification of information provided by Buyer on EventNow.com about Vendor, in a review or otherwise. In the event Vendor has a dispute or claim, for any reason or for any cause, Vendor releases EventNow, and its officers, directors, agents, and employees form claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Vendor is a California resident, Vendor waives California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- USE OF VENDOR NAME. Vendor acknowledges and agrees by participating in EventNow.com, EventNow shall have a royalty-free, non-exclusive right and license, without any compensation to Vendor, to use, copy, and display the name of Vendor in EventNow’s promotions, press releases, public relations, advertisements, and/or other sales and marketing activities and otherwise utilize such business name on EventNow.com and in connection with delivery of the services provided on EventNow.com.
- EVENTNOW PROPRIETARY RIGHTS. EventNow provides Vendor with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable right and license to use EventNow.com conditioned on Vendor continued compliance with the terms and conditions of the Agreement. Vendor acknowledges and agrees EventNow.com and any necessary content and software used in connection with EventNow.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Vendor further acknowledges and agrees content on and software utilized in connection with EventNow.com or presented to Vendor through EventNow is protected by copyrights, trademarks, patents and other proprietary rights and laws. Vendor acknowledges and agrees that other product and business names displayed on EventNow.com may be the trademarks and/or service marks of their respective owners. Except as expressly authorized by EventNow, Vendor agrees not to modify, sell, distribute, broadcast, transmit, reproduce, publish, decompile, reverse engineer, copy, license, sell, mirror, frame, rent, grant a security interest in, or create derivative works based on EventNow.com, its software, in whole or part.
- ENFORCING SECURITY ON EVENTNOW.COM. Actual or attempted unauthorized use of EventNow.com may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. EventNow reserves the right to view, monitor, and record activity on EventNow without notice or permission from Vendor. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on EventNow.com. EventNow will also comply with all court orders involving requests for such information. In addition to the foregoing, EventNow reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to EventNow.com, or any portion of the Site, for any reason.
- UPGRADES, SUPPORT AND NOTICES. From time to time, EventNow may, and retains the right to, send Vendor information and offers about upgrades, documentation and other services offered by EventNow and its Partners. Notwithstanding the foregoing, under no circumstances will EventNow or any of its Partners have any obligation to provide Vendor with upgrades, enhancements, modifications, or support for the Services or Sites.
- REPRESENTATIONS AND WARRANTIES. Vendor represents and warrants to EventNow: (i) Vendor is authorized to enter into this Agreement, either on behalf of Vendor or on behalf of the business Vendor represents, and fulfill and perform the obligations of the Vendor specified herein; and (ii) Vendor has all required permits, licenses, and other governmental authorizations and approvals to use EventNow.com.
- INDEMNITY. Vendor agree to indemnify and hold EventNow, its parents, subsidiaries, affiliates, officers, employees and service providers and partners (collectively referred to as “Partners”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the following: Vendor use of EventNow.com, use of Vendor Account by any third party, purchase or use of Vendor products or services, Vendor use of information about Buyers obtained via EventNow, the violation of this Agreement by Vendor, or the infringement, misappropriation, or violation by Vendor, or any third party using Vendor’s Account, of any intellectual property or other right of any person or entity.
- WARRANTY DISCLAIMER. Vendor uses EventNow.com at Vendor’s own risk. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER EVENTNOW NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL EVENTNOW OR ITS PARTNERS BE LIABLE FOR LOST PROFITS, ANY FAILURE TO STORE ANY MESSAGE, OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH EVENTNOW, THE USE OR THE INABILITY TO USE EVENTNOW OR THE AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
- EVENTS BEYOND THE CONTROL OF EVENTNOW. Vendor expressly absolves and releases EventNow and Partners from any claims of harm resulting from a cause beyond EventNow control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, blocking of email delivery, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
- GENERAL. The Agreement constitutes the entire agreements between Vendor and EventNow. The rights and obligations of the parties under the Agreement shall be governed in all respects by the laws of the State of New York without regard to its conflict of law provisions. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sub-licensable by Vendor without EventNow prior written consent. EventNow may assign the Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of the Agreement and Vendor does not have any authority of any kind to bind EventNow in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under the Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
- SUBMISSION. EventNow welcomes Vendor feedback and suggestions about how to improve EventNow.com. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to EventNow, Vendor represents and warrants that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and Vendor has all rights necessary to convey such feedback to EventNow. In addition, any feedback received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for EventNow to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and Vendor hereby waives any claim to the contrary. Feedback can be sent electronically to support@EventNow.com.
Terms of Service for 11th Hour Deals
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The EventNow 11TH Hour Deals service is provided by EventNow, Inc. and/or its affiliates and subsidiaries (“EventNow,” “we,” us,” “our”) for your and others’ personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the “Terms”), and the rules that may be published from time to time by EventNow. By using the Site, you are explicitly agreeing to these Terms and Conditions, our Privacy Statement and Refund Policy. The term “Site” includes the website located at EventNow.com and any other online properties owned or operated by us.
We may change the Terms from time to time and at any time without actual notice. All such changes to the Terms will appear on our Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY EVENTNOW SERVICE OFFERED THROUGH THE SITE.
The Site provides an interactive online service operated by EventNow, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users. Vouchers may be purchased by EventNow account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
- You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.
Description of Services
EventNow, via the Site, provides users with access to recommendations for activities and experiences (“Services”). The Services also include opportunities to purchase prepaid reservations, services, or products from third-party merchants (“Offers”).
Terms of Sale
By placing an order for an Offer, you make an offer to purchase the Offer you have selected on the terms, conditions and restrictions stated below and associated with the Offer. After placing your order, you will receive a voucher that is redeemable for goods or services by the participating third-party merchant (“Merchant”).
The Merchant, not EventNow, is the seller of the goods and services and is solely responsible for redeeming vouchers. The vouchers purchased and printed from the Site (“Vouchers”) are promotional vouchers that may be offered to customers below their face value and shall be subject to the terms and conditions of EventNow and the participating Merchant. As the issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Voucher.
Each Offer is subject to specific terms, conditions, and restrictions that will be displayed at the time of purchase. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
No cash value for any Voucher.
To the extent required by applicable law, after the Voucher ‘s expiration date, the Merchant shall be responsible for allowing you to redeem a Voucher you have purchased for the goods and services of the Merchant in the amount of the cash paid by you until that cash amount is redeemed in full. If you redeem a Voucher for less than its face value, the Merchant shall not be responsible for issuing a credit or cash equal to the difference between the face value and the amount redeemed, unless otherwise required by law.
Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.
Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher.
Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
Unless otherwise stated at the time of purchase, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time when you redeem the Voucher.
Duplication, sale or trade of a Voucher is prohibited, except as required by law.
Neither EventNow nor the Merchant is responsible for lost or stolen Vouchers or Voucher ticket numbers.
This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), forums, chat room, message board, newsgroup, charitable causes, or any other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for knowledge and entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Site or Services to:
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
Harm minors in any way
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information
Act in a manner that negatively affects other users’ ability to engage with and/or in the Site or Services
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including, but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services or intentionally or unintentionally violate any applicable local, state, national, or international law.
You also agree that you will not harvest, collect, or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that we are not responsible for material submitted to the Site by users. We do not pre-screen, monitor, review, or edit the Content posted by users. However, we and our designees have the right, at our sole discretion, to refuse or remove any Content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate. However, we are not responsible for any failure, non-failure, or delay in removing such Content, except as is necessary to comply with any requirements of the Digital Millennium Copyright Act. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known or suspected by you.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EventNow, its users, or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to our site.
Any or all Content on the Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by us or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.
Restrictions On Use of Material
Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Site.
Assumption of Risks
Your interactions with other members on the Site or third parties (including charities and advertisers) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EventNow will not be responsible or liable for any loss or damage incurred as a result of such dealings.
In operating this site, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
You also warrant that any “moral rights” in posted materials have been waived.
You may be able to link to third parties’ sites (“Links”) from our Site. Links are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products, or other materials of any such Links, or any additional links contained therein. These Links do not imply our endorsement of or association with the Links. It is your sole responsibility to comply with the appropriate terms of service of the Links as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Links and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through these Links. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Links from our Site and/or to introduce different features or links to different users.
Intellectual Property Rights
All materials contained in this Site are the copyrighted property of EventNow. We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
Your username, address, telephone number, and e-mail address
A description of the copyrighted work that you claim has been infringed
A description of where the alleged infringing material is located
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Disclaimer Of Warranties
THIS SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EVENTNOW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation Of Liability
IN NO EVENT WILL EVENTNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF EVENTNOW IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVENTNOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request by EventNow, you agree to defend, indemnify, and hold EventNow, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
Provisions Unenforceable or Invalid
This Agreement will be governed by the laws of the State of New York, excluding the conflict of laws principles thereof.
You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. EventNow may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
EventNow reserves the right, at its sole discretion, to immediately, with or without notice, to suspend or terminate your registration and/or your access to all or a portion of the Site and/or remove any registration information from the Site for any reason (including your breach of any of the Terms).
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