Effective Date: September 1, 2020
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT EVENTENE’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 12 BELOW.
PLEASE BE AWARE THAT SECTION 18 OF THIS AGREEMENT IS AN ARBITRATION AGREEMENT REQUIRING MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 18 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
Eventene reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. Your continued access of the Websites, Mobile App and/or use of the Services provided on the Site following the posting of any additional or different terms in the Agreement constitutes your acceptance of those additional or different terms.
1. DESCRIPTION OF SERVICES.
Subject to the terms and conditions specified herein, Eventene offers software, resources and tools through the Services for collection, processing and storage of information for the purpose of organizing, coordinating and making communications regarding events (“Events”). The Services are designed to assist Event participants (“Participants”) in obtaining information regarding such Events and communicating with users of the Services (“Users”) who are Event organizers (“Organizers”) and other Participants. The Services also allow Organizers to collect various types of information and payments when Participants sign up for Events.
Organizers’ access to the Services is password protected and is restricted to users who register through the Websites or Mobile App and subscribe to the Services. Only Registered Users (as defined below) are able to access the Services and input and process information regarding Events.
2. USE OF SERVICES. The Websites, the Mobile App, the Services, and the information and content available on the Websites and in the Mobile App and the Services (as these terms are defined herein) are protected by copyright laws throughout the world. Unless otherwise specified by Eventene in a separate license, your right to use any and all Services is subject to the Agreement.
2.1 Mobile App License. Subject to your compliance with the Agreement, Eventene grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a single mobile device or computer that you own or control and to run such copy of the Mobile App solely for your own personal or internal business purposes. Furthermore, with respect to any Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Mobile App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Mobile App access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Mobile App on a shared basis within your designated family group.
2.2 Updates. You understand that the Services are evolving. As a result, Eventene may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Eventene may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
2.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Websites, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other the Services (including images, text, page layout or form) of Eventene; (c) you shall not use any metatags or other “hidden text” using Eventene’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Websites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services in order to build a similar or competitive Websites, Mobile App, or Service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Eventene, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Eventene pursuant to the Agreement.
2.4 Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Eventene to monitor such materials and that you access these materials at your own risk.
In order to access certain features of the Services, you may be require to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Websites (“Account”) or on the Mobile App on a user's mobile device. In creating an Account, you will be directed on one or more occasions to provide Eventene with certain information about yourself and your company (as applicable) (“Registration Data”). On registering with the Services, you will obtain a confidential user ID and password (collectively, “Password”) for your individual use that must be used to access and use the Services. If you subscribe to a Pro Plan described below, you may allow additional users authorized by you (“Authorized Users”) to use the Site and Services, subject to this Agreement.
You agree by registering: (i) to provide true, accurate, current and complete Registration Data, (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iii) for security reasons, to maintain the confidentiality of any Password obtained by you or set-up by you as an account administrator on behalf of your Eventene's Authorized Users, (iv) to not allow any other party (apart from any of your Authorized Users) to use your Password(s); (v) to ensure that you properly exit from your account at the end of each session and to immediately notify Eventene of any unauthorized use of your account or any other breach of security; (vi) to take full responsibility for all activities that occur under any customer account created for your use, and (vii) to allow no more than one Authorized User to use each Password at any time or share passwords with other users.
Eventene is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Eventene has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eventene may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. RESPONSIBILITY FOR CONTENT.
4.1 Types of Content. You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Eventene, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Users of the Services, and not Eventene, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”).
4.2 No Obligation to Pre-Screen Content. You acknowledge that Eventene has no obligation to pre-screen Content (including, but not limited to, User Content), although Eventene reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Eventene pre-screens, refuses or removes any Content, you acknowledge that Eventene will do so for Eventene’s benefit, not yours. Without limiting the foregoing, Eventene shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by Eventene in writing elsewhere, Eventene has no obligation to store any of Your Content that you Make Available on the Services. Eventene has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Eventene retains the right to create reasonable limits on Eventene’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Websites and as otherwise determined by Eventene in its sole discretion.
5.1 Services. Except with respect to Your Content and User Content, Eventene retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
5.2 Trademarks. Eventene further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to such Services, including the software provided to Organizers through the Services. Other trademarks, service marks and trade names that may appear on the Services are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on the Services.
5.4 Your Content. Eventene does not claim ownership of Your Content. However, when you as a User post or publish Your Content on the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 License to Your Content. Subject to any applicable account settings that you select, you grant Eventene a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Eventene, are responsible for all of Your Content that you Make Available on the Services.
5.6 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Eventene through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Eventene has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Eventene a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Eventene’s business.
6. ACCEPTABLE USE. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Eventene’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Eventene; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
7. INVESTIGATIONS. Eventene may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, Eventene shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Eventene does not generally monitor user activity occurring in connection with the Services or Content, if Eventene becomes aware of any possible violations by you of any provision of the Agreement, Eventene reserves the right to investigate such violations, and Eventene may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
8. INTERACTIONS WITH OTHER USERS.
8.1 User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Eventene reserves the right, but has no obligation, to intercede in such disputes. You agree that Eventene will not be responsible for any liability incurred as the result of such interactions.
8.2 Content Provided by Other Users. The Services may contain User Content provided by other Users. Eventene is not responsible for and does not control User Content. Eventene has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
10. THIRD-PARTY SERVICES.
10. 1 Third-Party Websites and Applications. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Application”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Eventene. Eventene is not responsible for any Third-Party Websites or Third-Party Applications. Eventene provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Websites, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10.2 App Stores. You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Eventene and not with the App Store. Eventene, not the App Store, is solely responsible for the Services, including the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
10.3 Additional Terms for Apple Applications. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and Eventene only, and not Apple, and (ii) Eventene, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Eventene and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Eventene.
(d) You and Eventene acknowledge that, as between Eventene and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Eventene acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Eventene and Apple, Eventene, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and Eventene acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
10.4 Additional Terms for Google Applications.
The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
(a) You acknowledge and agree that (i) the Agreement are concluded between you and Eventene only, and not Google, Inc. (“Google”), and (ii) Eventene, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service.
(b) Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
(c) Eventene, and not Google, is solely responsible for its Google Play Sourced Application;
(d) Google has no obligation or liability to you with respect to Eventene’s Google Play Sourced Application or this Agreement; and
(e) You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Eventene’s Google Play Sourced Application.
11. PUSH NOTIFICATIONS. If you elect to receive push notifications regarding Events through the Mobile App, any such notifications will incur normal carrier fees and charges. You may disable push notifications at any time by following instructions in the Mobile App (via the Settings page) or in your mobile device's operating system.
12. PAYMENT TERMS.
12.1 Payment Terms for Organizers. When you sign up for the Site and the Services by clicking the agreement at the end of this form you may choose either the free plan (“Free Plan”) or one of the paid pro plan subscriptions, including Standard, Pro, and Premier (each, a “Pro Plan”). If you choose the Free Plan you will be limited to the number of records that you may input regarding Events and be subject to other restrictions, including the number of Events and Authorized Users. You may change from the Free Plan to the Pro Plan by accessing your account information in the “My Account” tab of the Site and following the instructions provided, including agreeing to the payment terms.
If you agree to a Pro Plan, you will be charged the agreed upon amount on the same day each month (or the same day each year in the case of an annual plan) of your subscription (“Billing Date”) until your account is canceled, terminated or converted to a Free Plan. You may convert your account to a Free Plan by disabling the Auto-renew setting in your Billing Profile before your next occurring Billing Date. No full or partial refunds will be provided for any account conversion from a Pro Plan to a Free Plan in the middle of billing cycle. You may cancel or downgrade your Pro Plan account at any time by contacting us at email@example.com. If you downgrade your Pro Plan account, your account will convert to a Free Plan on the next occurring Billing Date. No refunds will be provided for any cancellation, termination or conversion of a Pro Plan account in the middle of a billing cycle.
If we are unable to charge you for any monthly or annual charges on the Billing Date, we will notify you through the e-mail address that you provided when you signed up for the Services. In order to continue your Pro Plan account, you must supply a valid form of payment in the “My Account” tab of the Site. If we are unable to charge your monthly or annual charge for the Pro Plan for more than ten (10) days after notification, your Pro Plan account (including the auto-renewal feature) will be canceled and your account will be transferred to a Free Plan. After cancellation or termination, you and your Authorized Users will not be able to use any Pro Plan features, unless you change your account back to a Pro Plan. If your Pro Plan account is terminated or cancelled, you are solely responsible for exporting information stored to your computer or another account. After sixty (60) days following cancellation or termination of your account, we are no longer obligated to store any information that you input or stored for your account.
12.2 Payment Terms for Participants. The Services also allow Organizers to collect payments from Participants for the purposes of operating Events. The Organizers, not Eventene, are solely responsible for honoring any goods or services offered in exchange for payments through the Services. If you, as a Participant, choose to enter into a transaction with the Organizer for participation in an Event and/or purchase of Event-related items, the total fees payable will be displayed to a Participant before the Participant makes a payment to the Organizer. Upon receipt of your request, Eventene may, using Stripe, initiate a pre-authorization and/or charge a normal amount to your Payment Method (as defined below). You as a Participant agree to pay the total fees for any Event items requested and confirmed.
12.4 Payment Information. All information that you provide to us or Stripe must be accurate, current, and complete. By accessing or using the Services, you authorize Eventene to charge your payment method (“Payment Method”) in accordance with this Section 8. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES. You agree to pay all charges you incur.
12.5 Taxes. Eventene’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Eventene, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Eventene for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Eventene is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
13. INDEMNIFICATION. You agree to defend, indemnify and hold Eventene and its affiliates, together with their respective employees, agents, directors, officers and shareholders (each, an “Eventene Party” and collectively, the “Eventene Parties”) harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) Your Content; (ii) your use of, or inability to use, any Service, (iii) your breach or alleged breach of this Agreement, (iv) your violation of any rights of another party, including any Users and (v) your violation of any applicable laws, rules or regulations.
14. WARRANTY DISCLAIMERS.
14.1 As Is. You understand that the processing and transmission of communications relating to the use of the Websites, Mobile App, and/or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Eventene will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EVENTENE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Eventene Parties make no representation or warranty that (i) the Services will meet your expectations or requirements, (ii) the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used in connection with the Services will be corrected. Operation of the Services may be interfered with by numerous factors outside of Eventene's control including, but not limited to, telecommunications network disruptions or cloud-based service providers. Eventene is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Services.
While we have endeavored to create a secure and reliable Websites and Mobile App, the Eventene Parties are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Websites or Application, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Services may be temporarily unavailable from time to time for maintenance or other reasons.
14.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT EVENTENE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EVENTENE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
14.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES, INCLUDING YOUR PARTICIPATION IN ANY EVENTS. YOU UNDERSTAND THAT EVENTENE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES.
15. LIMITATION OF LIABILITY.
15.1 Disclaimer of Certain Damages. IN NO EVENT SHALL EVENTENE PARTIES BE LIABLE WITH RESPECT TO ANY EVENT OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF EVENTENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
15.2 Cap on Liability. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EVENTENE'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU TO EVENTENE FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES; OR (B) $100.
15.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVENTENE AND YOU.
16. TERMINATION. You agree that Eventene, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability to you or any third party. In the event of termination of this Agreement, Eventene may delete and/or store, in its discretion, data associated with your use of the Services. Eventene may also deactivate your account or change your Pro Plan account to a Free Plan Account. Upon termination of this Agreement, all provisions of the Agreement which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
18. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Eventene and limits the manner in which you can seek relief from us.
18.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Websites, to any products sold or distributed through the Websites, or to any aspect of your relationship with Eventene, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Eventene may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: LegalZoom.com, 101 N. Brand Boulevard, 11th Floor, Glendale, California 91203. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Eventene will pay them for you. In addition, Eventene will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Eventene. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND EVENTENE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Eventene are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Eventene username (if any), the email address you used to set up your Eventene account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Eventene.
18.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Eventene makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Eventene at the following address: Eventene, 2500 Broadway, Suite F-125, Santa Monica, CA 90404.
19. CALIFORNIA RIGHTS POLICY. In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
20. MISCELLANEOUS PROVISIONS.
20.1 Electronic Communications. The communications between you and Eventene may take place via electronic means, whether you visit the Services or send Eventene e-mails, or whether Eventene posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Eventene in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Eventene provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
20.2 Assignment. Eventene may assign this Agreement at any time to a subsidiary or parent Eventene or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
20.3 Force Majeure. Eventene shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20.5 Governing Law. The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California.
20.6 Notice. Where Eventene requires that you provide an e-mail address, you are responsible for providing Eventene with your most current e-mail address. In the event that the last e-mail address you provided to Eventene is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Eventene’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Eventene at the following address: Eventene LLC, 2500 Broadway, Suite F-125, Santa Monica, CA 90404. Such notice shall be deemed given when received by Eventene by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
20.7 Waiver. The failure of Eventene to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20.8 Severability. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
20.9 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.