Introduction.eventwist, LLC (“eventwist” or “we” or “our” or “us”) provides the content, services, features and functionalities available at www.eventwist.com and all subdomains thereof (collectively, the “Site”) to you, as a user of the Site (“you” or “User”), subject to the following Terms of Use (“Terms”), which may be updated by us from time to time. You can review the most current version of the Terms at any time at http://www.eventwist.com/terms. By accessing or using the Site, you accept and agree to be bound by these Terms, together with any additional rules, guidelines or policies posted on the Site, which are hereby incorporated into these Terms by reference. Description.The Site simplifies the more frustrating tasks event planners deal with by making it easier for planners to quickly find ideal spaces for their events. Planners can search though the Site’s library of event spaces based on neighborhood, space type, amenities, budget and other requirements that have been defined for their event. In addition, eventwist offers planners an online concierge service, where eventwist will determine venue availability and secure holds, where possible, on the planner’s behalf. Registration.To use some of the services or features made available to you on this Site (such as storing event information), you will need to register and create an account. By registering and creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from using the Site under the laws of the United States or any other applicable jurisdiction. When creating your account, you must provide true, accurate, current and complete information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. Should any of your registration information change, please notify us promptly at support@eventwist.com. Privacy.You agree that data you provide to us during the registration process and certain other information about you derived from Your use of the Site may be collected, used and disclosed in accordance with the terms of our privacy policy. We encourage you to review our Privacy Policy at http://www.eventwist.com/privacy-policy. Site Content and Intellectual Property Rights.You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Site Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Site Content. Except as otherwise permitted under these Terms, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You further acknowledge and agree that the Site, including without limitation, the “look and feel” of the Site, its copyrights, trademarks and other intellectual property rights relating to the Site, including in and to the eventwist software and all HTML and other code contained in this Site, and all Site Content shall remain at all times owned by and vested in eventwist and/or its licensors. The technology and the software underlying the Site is the property of eventwist and/or its licensors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site. Third-Party Content.eventwist is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitute part of the Content are those of the respective authors or distributors and not of eventwist, unless expressly stated otherwise. User Created Content (as defined below) does not reflect the views of eventwist. Although eventwist employs reasonable steps to ensure that the information in our venue listings is current and accurate, eventwist makes no representation, warranty or guarantee regarding the accuracy, completeness, or usefulness of such listings or of any Site Content unless otherwise expressly stated on the Site. In many instances, the Content represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall eventwist be liable for any inaccuracy in the Content or for any loss, damage or harm caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content (as defined below), available through the Site. User Created Content.eventwist enables Users to post information and other material that will be visible to other Users, such as reviews or comments on venues they have used or interacted with (“User Created Content”). You may only upload to or otherwise submit to eventwist for distribution on the Site User Created Content that you own or that you have full rights to distribute over the Internet. You understand that any User Created Content you provide to us will not be kept confidential. You further understand that you are solely responsible for your own User Created Content and the consequences of posting or publishing such Content. By uploading or otherwise making your User Created Content available to eventwist for inclusion on the Site, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize eventwist to, and you also grant eventwist an irrevocable, perpetual, worldwide, royalty-free and non-exclusive right and license, with full rights to sublicense to, use, distribute, reproduce, modify, adapt, publicly perform, publicly display and otherwise transmit such User Created Content on the Site, any syndicated versions of the Site and in marketing and other materials related to eventwist’s business in any media formats and through any media channels. You agree to indemnify eventwist for any claim arising out of your User Created Content. You further agree to ensure that all your User Created Content complies with the requirements listed below under “User Created Content Rules.” You acknowledge that eventwist shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Site, including without limitation, your User Created Content, with or without notice for any reason, including without limitation that such Content violates these Terms. Notwithstanding the above, eventwist assumes no responsibility for ongoing monitoring or editing of any User Created Content, even after receiving notice that such Content is objectionable. User Created Content Rules.You agree that any User Created Content you post or otherwise provide to eventwist will not:
Third Party Links, Listings and Advertisements.The Site may provide links to other Web sites or resources. You acknowledge and agree that eventwist is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any the practices of such Web sites or resources or for the Content, advertising, products or other materials on or available from such Web sites or resources. You further acknowledge and agree that eventwist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Your dealings with, or participation in promotions of, venues, business and advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such venue, business or advertiser. You agree that eventwist shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such venues, businesses or advertisers on the Site. Restrictions Applicable to International Use.You agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Site and the transfer, posting and uploading of software, technology, and other technical data via the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. Termination of Your Access to the Site.We may indefinitely suspend or terminate your (or any User’s) right to use or access all or any part of the Site, without notice, for any reason in our sole discretion, including without limitation, your violation of these Terms or our belief that such access would violate applicable law or be harmful to us or another User. You understand that if You are a registered User, such suspension or termination would include termination of your account in which case we must reserve the right to delete your account and all related information and files in your account and bar any further access to such files or the Site. You understand and agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Feedback.eventwist welcomes your feedback. However, you understand and agree that by submitting ideas, suggestions, and feedback to eventwist regarding the features or functionality or Content of our Site, (“Feedback“), you are granting eventwist an irrevocable right to use and exploit such Feedback in whatever manner we deem fit without any obligation to you, monetary or otherwise. Account Information.You acknowledge, consent and agree that eventwist may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Created Content violates the rights of any third party; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of eventwist, its users or the public. Notice and Procedure for Claims of Copyright Infringement.eventwist has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act (“DMCA”). Upon receiving notice of a potential copyright infringement claim, eventwist will remove or disable access from the Site to the allegedly infringing Content if such notice complies with the requisite elements under the DMCA. If a User is found to be a repeat offender, eventwist may terminate the User account or access to the Site. Procedure to Report an Infringement Notification.If you believe that your copyright has been or is being infringed upon by material found on the Site, you are required to follow the below procedure to file a notification:
Please note that you may be subject to liability under the DMCA if you knowingly misrepresent that material on the Site infringes upon your copyright. Procedure to Report a Counter-Notification.If you believe that Content has been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:
Disclaimer of Warranties.THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHERWISE USED TO PROVIDE THE SITE (COLLECTIVELY, “SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE OWNER OR PROVIDER OF SUCH SITE MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, EVENTWIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE ACCURACY OR RELIABILTY OF ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CREATED CONTENT, (II) AS TO THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, (III) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (IV) THAT THE SITE OR YOUR ACCESS THERETO WILL BE UNINTERRUPTED OR ERROR-FREE, OR (V) THAT THE SITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL CODE OR COMPONENTS. EVENTWIST DISCLAIMS ANY AND ALL LIAIBLITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING VENUES AND OTHER USERS. EVENTWIST IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURES TO ACT OF ANY THIRD PARTY REFERENCED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVENTWIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS ON WARRANTIES MAY NOT APPLY TO YOU. Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENTWIST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENTWIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR OUR SERVICES. IN NO EVENT WILL EVENTWIST’S DIRECT DAMAGES UNDER THESE TERMS EXCEED $2,500. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification.At our request, you agree to defend, indemnify and hold harmless eventwist and its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising from: (a) any User Created Content or other Content you make available to or through the Site, (b) your use of the Site, (c) your violation of these Terms, or (d) your violation of any right of any other person or entity. Trademarks.You agree that eventwist is a trademark, trade name, and/or service mark of eventwist. All other trademarks, tradenames, service marks, logos or other brand features, and product and service names (“Marks”) are the property of their respective owners. You agree not to display or use in any manner any Mark appearing on the Site without the appropriate consent from the Mark owners. Additional Restrictions.You may not modify, reproduce, copy, reverse engineer, decompile, reverse assemble or otherwise attempt to discover the source code or algorithms of any of the features or functionalities on the Site. You may not rent, sell, sublicense, assign, or otherwise transfer Your right to access and use the Site. You agree that You will not use any device, software or routine to interfere with the proper working of the Site or use any automated means, including, without limitation, agent, robots, scripts or spiders to access, monitor or copy the Site. eventwist reserves all rights not expressly granted hereunder. Access to the Site.You are solely responsible for providing and maintaining all hardware, software, electrical and other equipment required for Your access to the Site, including, without limitation, telecommunications and internet access connections. You understand that while eventwist employs measures to ensure that the Site are accessible 24 hours a day/7 days a week, eventwist cannot guarantee the uninterrupted display or accessibility of the Site. In the event of any inaccessibility of Site due to reasons within eventwist’s control, You acknowledge that eventwist’s sole liability and obligation will be to use commercially reasonable efforts to restore access as soon as practicable. Security.eventwist maintains safeguards to protect the security, integrity and privacy of all Your information in eventwist’s possession and control. However, no method of Internet transmission or electronic storage is 100% secure. Therefore, while eventwist strives to protect Your information, please be advised that eventwist assumes no responsibility or liability for disclosure of Your information due to errors in transmission, unauthorized third party access or other causes beyond eventwist’s control. General Legal Terms.These Terms (including any other policies set forth on the Site) constitute the whole legal agreement between you and eventwist related to your use of and access to the Site and replaces any supersedes any prior agreements, written or oral between you and eventwist in relation to the Site. eventwist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that eventwist shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof). |
Terms Of Use
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