1. CONTENT AND USE OF SERVICE.
You acknowledge and agree that, except as set forth below, all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Company. Notwithstanding the foregoing, those who are subscribers to the Service (“Subscribers”) are granted a non-transferable, limited license to access and use the Service solely for the aggregation of information for its designated events (the “Content”). Company does not review or pre-screen the Content and claims no intellectual property rights with respect to the Content.
Subscribers and participants in events for which the Company has been engaged (“Participants”; collectively, Subscribers and Participants shall be referred to as “Users”) agree that they will not knowingly use the Content or Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
Except for the non-exclusive license granted pursuant to this Agreement, Users acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Company.
Subscribers who configure the information from the website to share or make available certain Content to the public are deemed to acknowledge and agree that everyone will have access to the Content (the “Public Content”). Users agree that Company shall have no liability for the disclosure of any Content which becomes Public Content.
Company reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades. Company shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Users, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs.
2. THIRD PARTY REFERENCES / HYPERLINKS
This site and/or our membership site(s) may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. However, we may from time to time be compensated for referring you to certain vendors.
3. SECURITY AND ACCESS.
3.1 Company is responsible for providing a secure method of authentication and accessing its Service. Company will provide mechanisms that:
3.2 Users will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.
3.3 Users will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify Company upon suspicion that a username and password has been lost, stolen, compromised, or misused.
3.4 At all times, Company, and any third party vendors and hosting partners it utilizes to provide the Service, will:
4. LEGAL COMPLIANCE.
Company maintains that its primary duty is to protect the Content to the extent the law allows. Company reserves the right to provide confidential information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
5. PAYMENT, REFUNDS AND SUBSCRIPTION CHANGES
5.1 Subscribers will provide Company with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service.
5.2 Annual Subscribers will be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by annual Subscribers.
5.3 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
5.4 There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
5.5 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
5.6 All prices are subject to change.
5.7 Subscriber is responsible for paying all taxes associated with the subscription to the Service. If Company has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be invoiced to and paid by Subscriber, unless Subscriber provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority.
5.8 Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Company receives an amount equal to the sum it would have received had no such deduction or withholding been made.
6. CANCELLATION AND TERMINATION
6.1 Subscribers are solely responsible for canceling subscriptions. A Subscriber may cancel their subscription at any time by emailing Billing@Eventlify.com, or cancelling their subscription in the Account Settings of the administration panel on Eventlify.com.
6.2 Company in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are in violation of this Agreement.
6.3 Upon cancellation or termination of a subscription, Content is made available to the Subscriber for a period of thirty (30) days after such termination. Thereafter, all Content associated with such subscription will be irrevocably deleted from the Service.
7. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
8. DISCLAIMER OF WARRANTIES.
THE SERVICE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
EXCEPT IN THE CASE OF A VIOLATION BY COMPANY OF ITS OBLIGATIONS HEREUNDER, COMPANY SHALL NOT BE LIABLE FOR AND USERS WAIVE THE RIGHT TO CLAIM ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM THE SERVICE PROVIDED HEREIN.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Service or the Content.
11.1 Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Company with respect to this site and supersedes all prior or contemporaneous communications between you and Company with respect to this site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11.2 Users acknowledge the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Users agree to accept that risk and will not hold Company liable for any loss, damage, or injury resulting from the interception of information.
11.3 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You hereby consent to binding arbitration in the State of Illinois to resolve any disputes arising under this Agreement.