Terms governing your use of the Eventene mobile application and related services.
EffectiveDate: December 1, 2025
Welcome to Eventene. Please readthis Terms of Use Agreement ("Agreement") carefully. This Agreementis a legal contract between you and Eventene, Inc. ("Eventene"). Byaccessing or using www.eventene.com and the other websites under the eventene.com domain, or any other website withan authorized link to this Agreement (collectively the "Websites"),downloading, installing or using the Eventene mobile application ("MobileApp"), registering an account or accessing or using any content,information, services, features or resources available or enabled via theWebsites or the Mobile App (collectively, the "Services"), orclicking on a button or taking another action to signify your acceptance ofthis Agreement, you: (1) agree to be bound by this Agreement and any futureamendments and additions to this Agreement as published through the Services;(2) represent you are of legal age in your jurisdiction of residence to form abinding contract; and (3) represent that you have the authority to enter intothis Agreement personally and, if applicable, on behalf of any Eventene,organization or other legal entity on whose behalf you use the Services. Theterm “you” refers to the individual or such legal entity, as applicable. Ifyou, or if applicable, such legal entity, do not agree to be bound by thisAgreement, you, and if applicable, such legal entity, may not access or use anyof the Services.
IF YOU SUBSCRIBE TO THE SERVICESFOR A TERM (THE “INITIAL TERM”), THEN THE AGREEMENT WILL BE AUTOMATICALLYRENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM ATEVENTENE’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWALIN ACCORDANCE WITH SECTION 12 BELOW.
PLEASE BE AWARE THAT SECTION 18OF THIS AGREEMENT IS AN ARBITRATION AGREEMENT REQUIRING MOST DISPUTES BETWEENUS TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING ANDFINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 18 FOR MORE INFORMATIONREGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
Please note that the Agreement issubject to change by Eventene in its sole discretion at any time. When changesare made, Eventene will make a copy of the updated Agreement available at theWebsite and update the “Effective Date” at the top of this Agreement. If wemake any material changes to the Agreement, we will attempt to notify you bysending an e-mail to the e-mail address provided in your account registration.Any changes to the Agreement will be effective immediately for new Users andwill be effective for existing Users upon the earlier of (a) thirty (30) daysafter the “Effective Date” at the top of these terms of use, or (b) yourconsent to and acceptance of the updated agreement if Eventene provides amechanism for your immediate acceptance in a specified manner (such as aclick-through acceptance), which Eventene may require before further use of theServices is permitted. If you do not agree to the updated Agreement, you muststop using all Services upon the effective date of the updated Agreement.Otherwise, your continued use of any of the Services after the Effective Dateof the updated Agreement constitutes your acceptance of the updated Agreement.Please regularly check the website to view the then-current agreement. Youagree that Eventene’s continued provision of the Services is adequateconsideration for the changes in the updated agreement. By using the Websitesand the Service in any way, you agree to this Agreement, our Privacy Policy,and any other legal notices or conditions or guidelines posted on the Websites.Further, you consent to allow Eventene to contact you regarding the Websites,Mobile App and Services, including providing you information regarding updatesto the Services, changes to the Agreement, and other information regarding theServices.
Subject to the terms andconditions specified herein, Eventene offers software, resources and toolsthrough the Services for collection, processing and storage of information forthe purpose of organizing, coordinating and making communications regardingevents (“Events”). The Services are designed to assist Event participants(“Participants”) in obtaining information regarding such Events andcommunicating with users of the Services (“Users”) who are Event organizers(“Organizers”) and other Participants. The Services also allow Organizers tocollect various types of information and payments when Participants sign up forEvents.
User access to the Services ispassword protected and is restricted to Users who register through the Websitesor Mobile App and subscribe to the Services. Only Registered Users (as definedbelow) are able to access the Services and input and process informationregarding Events.
Eventene provides only a softwareplatform for coordinating Events. Organizers are solely responsible forplanning, operating, supervising, and managing their Events, including withoutlimitation communications with Participants, ensuring event safety, compliancewith all applicable laws, regulations, and venue rules, and delivery of goodsor services associated with an Event. Eventene does not host, operate,supervise, control, or endorse Events, and is not responsible for the conductof Organizers, Participants, third-party vendors, venues, sponsors, orexhibitors.
Certain Events may enableOrganizers, exhibitors, or sponsors (“Lead Collectors”) to designateParticipants as leads, including by scanning badges or QR codes, selectingParticipants in the Services, or submitting notes or tags about Participants.Eventene only provides the technical tools that enable such lead capture. Allmarketing, commercial outreach, follow-up communications, or other use ofParticipant data obtained through the Services is the sole responsibility ofthe applicable Organizer or Lead Collector and must comply with applicableprivacy, marketing, and electronic communications laws.
The Websites, the Mobile App, theServices, and the information and content available on the Websites and in theMobile App and the Services (as these terms are defined herein) are protectedby copyright laws throughout the world. Unless otherwise specified by Eventenein a separate license, your right to use any and all Services is subject to theAgreement.
Subject to your compliance withthe Agreement, Eventene grants you a limited non-exclusive, non-transferable,non-sublicensable, revocable license to download, install and use a copy of theMobile App on a single mobile device or computer that you own or control and torun such copy of the Mobile App solely for your own personal or internalbusiness purposes. Furthermore, with respect to any Mobile App accessed throughor 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-brandedproduct that runs the iOS (Apple’s proprietary operating system) and (b) aspermitted by the “Usage Rules” set forth in the Apple App Store Terms ofService. Notwithstanding the first sentence in this section, with respect toany Mobile App access through or downloaded from the Google Play store (a“Google Play Sourced Application”), you may have additional license rights withrespect to use of the Mobile App on a shared basis within your designatedfamily group.
WhiteLabel Licensing: Forauthorized partners utilizing white label versions of our Mobile App, the appwill appear under the partner's branding in app stores. However, the underlyingtechnology, software, and intellectual property rights remain the property ofEventene. The white label version of the Mobile App is subject to the sameTerms of Use as our standard version, including but not limited to restrictionson use, disclaimers, and limitations of liability. Partners are responsible forensuring that their branding does not infringe upon any third-party rights.
Use of any software andassociated documentation, other than the Mobile App, that is made available viathe Services (“Software”) is governed by the Agreement. Subject to yourcompliance with the Agreement, Eventene grants you a non-assignable, non-transferable,non-sublicensable, revocable, non-exclusive license to use the Software for thesole purpose of enabling you to use the Services in the manner permitted by theAgreement. Some Software may be offered under open-source licenses that we willmake available to you upon your request. There may be provisions in the opensource licenses that expressly override some of these terms.
You understand that the Servicesare evolving. As a result, Eventene may require you to accept updates to theServices that you have installed on your computer or mobile device. Youacknowledge and agree that Eventene may update the Services with or withoutnotifying you. You may need to update third-party software from time to time inorder to use the Services.
The rights granted to you in theAgreement are subject to the following restrictions: (a) you shall not license,sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwisecommercially exploit the Services or any portion of the Services, including theWebsites, (b) you shall not frame or utilize framing techniques to enclose anytrademark, logo, or other the Services (including images, text, page layout orform) of Eventene; (c) you shall not use any metatags or other “hidden text” usingEventene’s name or trademarks; (d) you shall not modify, translate, adapt,merge, make derivative works of, disassemble, decompile, reverse compile orreverse engineer any part of the Services except to the extent the foregoingrestrictions are expressly prohibited by applicable law; (e) you shall not useany manual or automated software, devices or other processes (including but notlimited to spiders, robots, scrapers, crawlers, avatars, data mining tools orthe like) to “scrape” or download data from any web pages contained in theWebsites (except that we grant the operators of public search engines revocablepermission to use spiders to copy materials from the Websites for the solepurpose of and solely to the extent necessary for creating publicly availablesearchable indices of the materials, but not caches or archives of suchmaterials); (f) you shall not access the Services in order to build a similaror competitive Websites, Mobile App, or Service; (g) except as expressly statedherein, no part of the Services may be copied, reproduced, distributed,republished, downloaded, displayed, posted or transmitted in any form or by anymeans; and (h) you shall not remove or destroy any copyright notices or otherproprietary 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 inthe Agreement. Any unauthorized use of any Service terminates the licensesgranted by Eventene pursuant to the Agreement.
As a part of the Services, youmay have access to materials that are hosted by another party. You agree thatit is impossible for Eventene to monitor such materials and that you accessthese materials at your own risk.
In order to access certainfeatures of the Services, you may be required to become a Registered User. Forpurposes of the Agreement, a “Registered User” is a User who has registered anaccount on the Websites (“Account”) or on the Mobile App on a user's mobiledevice. In creating an Account, you will be directed on one or more occasionsto provide Eventene with certain information about yourself and your company(as applicable) (“Registration Data”). On registering with the Services, youwill obtain a confidential user ID and password (collectively, “Password”) foryour individual use that must be used to access and use the Services. If yousubscribe to a Paid Plan described below, you may allow additional usersauthorized by you (“Authorized Users”) to use the Site and Services, subject tothis Agreement.
You agree by registering: (i) toprovide true, accurate, current and complete Registration Data, (ii) tomaintain and promptly update the Registration Data to keep it true, accurate,current and complete, (iii) for security reasons, to maintain the confidentialityof any Password obtained by you or set-up by you as an account administrator onbehalf 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) toensure that you properly exit from your account at the end of each session andto immediately notify Eventene of any unauthorized use of your account or anyother breach of security; (vi) to take full responsibility for all activitiesthat occur under any customer account created for your use, and (vii) to allowno more than one Authorized User to use each Password at any time or sharepasswords with other users.
Eventene is not responsible forany loss or damage arising from your failure to comply with the foregoingrequirements. If you provide any information that is untrue, inaccurate, notcurrent or incomplete, or if Eventene has reasonable grounds to suspect thatsuch information is untrue, inaccurate, not current or incomplete, Eventene maysuspend or terminate your account and refuse any and all current or future useof the Services (or any portion thereof).
You must provide all equipmentand software necessary to connect to the Services, including but not limitedto, a mobile device that is suitable to connect with and use the Mobile App.You are solely responsible for any fees, including Internet connection ormobile fees, that you incur when accessing the Services.
To protect your account and anyOrganizer or Participant data, you are responsible for maintaining the securityof your login credentials and any devices used to access the Services. Youshould use strong, unique passwords for your Account and any Authorized Useraccounts, avoid reusing passwords from other services, and change yourpasswords periodically or immediately if you suspect they may have beencompromised. If and when Eventene makes multi-factor authentication (“MFA”) orsimilar enhanced security options available in the Services, we stronglyencourage Organizers and administrative users to enable such features for theirAccounts and for Authorized Users. You remain responsible for managingAuthorized Users under your Account, promptly revoking access for users who nolonger require it, and reviewing account activity where appropriate.
You acknowledge that all Content,including the Services, is the sole responsibility of the party from whom suchContent originated. This means that you, and not Eventene, are entirelyresponsible for all Content that you upload, post, e-mail, transmit orotherwise make available (“Make Available”) through the Services (“YourContent”), and that you and other Users of the Services, and not Eventene, aresimilarly responsible for all Content that you and they Make Available throughthe Services (“User Content”).
You acknowledge that Eventene hasno obligation to pre-screen Content (including, but not limited to, UserContent), although Eventene reserves the right in its sole discretion topre-screen, refuse or remove any Content. By entering into the Agreement, youhereby provide your irrevocable consent to such monitoring. You acknowledge andagree that you have no expectation of privacy concerning the transmission ofYour Content, including without limitation chat, text, or voice communications.In the event that Eventene pre-screens, refuses or removes any Content, youacknowledge that Eventene will do so for Eventene’s benefit, not yours. Withoutlimiting the foregoing, Eventene shall have the right to remove any Contentthat violates the Agreement or is otherwise objectionable.
Unless expressly agreed to byEventene in writing elsewhere, Eventene has no obligation to store any of YourContent that you Make Available on the Services. Eventene has no responsibilityor liability for the deletion or accuracy of any Content, including YourContent; the failure to store, transmit or receive transmission of Content; orthe security, privacy, storage, or transmission of other communicationsoriginating with or involving use of the Services. Certain Services may enableyou to specify the level at which such Services restrict access to YourContent. You are solely responsible for applying the appropriate level ofaccess to Your Content. If you do not choose, the system may default to itsmost permissive setting. You agree that Eventene retains the right to createreasonable limits on Eventene’s use and storage of the Content, including YourContent, such as limits on file size, storage space, processing capacity, andsimilar limits described on the Websites and as otherwise determined by Eventenein its sole discretion.
(a) Export on Request. Upon your written request madewithin sixty (60) days after termination or cancellation of your account,Eventene will provide you, at no additional charge, with a machine-readableexport of Your Content and Organizer data that is then stored in the productionsystems of the Services, in a commercially reasonable format determined byEventene.
(b) Post-Termination Deletion. After the sixty (60) day perioddescribed above, Eventene has no obligation to retain Your Content or Organizerdata and may delete or anonymize such data from the Services and backups,except to the extent Eventene is required to retain it by applicable law or forlegitimate business purposes (for example, to comply with accounting or auditrequirements).
(c) Backups and Archival Copies. You acknowledge that Eventenemay maintain backup or archival copies of data for a limited period of time.Such backups are maintained for disaster recovery and business continuitypurposes and are not intended as a data archive for your benefit.
Except with respect to YourContent and User Content, Eventene retains all right, title and interest in andto the Services, as well as all data, information, content and materialsprovided on the Services. You will not remove, alter, or obscure any copyright,trademark, service mark or other proprietary rights notices incorporated in oraccompanying the Services.
Eventene further retains allright, title and interest in and to the business processes, procedures, methodsand techniques used within the Services and all patent rights, copyrightrights, trademark rights, trade secret rights and other intellectual propertyand proprietary rights therein existing anywhere in the world (“IntellectualProperty”) to such Services, including the software provided to Organizersthrough the Services. Other trademarks, service marks and trade names that mayappear on the Services are the property of their respective owners.
Except with respect to YourContent, you agree that you have no right, title, or interest in or to anyContent that appears on the Services.
Eventene does not claim ownershipof Your Content. However, when you as a User post or publish Your Content onthe Services, you represent that you own and/or have a royalty-free, perpetual,irrevocable, worldwide, non-exclusive right (including any moral rights) andlicense to use, license, reproduce, modify, adapt, publish, translate, createderivative works from, distribute, derive revenue or other remuneration from,and communicate to the public, perform and display Your Content (in whole or inpart) worldwide and/or to incorporate it in other works in any form, media ortechnology now known or later developed, for the full term of any worldwideintellectual property right that may exist in Your Content.
Subject to any applicable accountsettings that you select, you grant Eventene a fully paid, royalty-free,perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fullysublicensable right (including any moral rights) and license to use, license,distribute, reproduce, modify, adapt, publicly perform, and publicly displayYour Content (in whole or in part) for the purposes of operating and providingthe Services to you and to our other Users. You warrant that the holder of anyworldwide intellectual property right, including moral rights, in Your Content,has completely and effectively waived all such rights and validly andirrevocably granted to you the right to grant the license stated above. Youagree that you, not Eventene, are responsible for all of Your Content that youMake Available on the Services.
You agree that submission of anyideas, suggestions, documents, and/or proposals to Eventene through itssuggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your ownrisk and that Eventene has no obligations (including without limitationobligations of confidentiality) with respect to such Feedback. You representand warrant that you have all rights necessary to submit the Feedback. Youhereby 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, createderivative works of, and otherwise commercially or non-commercially exploit inany manner, any and all Feedback, and to sublicense the foregoing rights, inconnection with the operation and maintenance of the Services and/or Eventene’sbusiness.
Except as described in thisAgreement and the Privacy Policy, Eventene does not sell Organizer Data orParticipant Data to third parties for their own marketing purposes. Eventenemay process and use such data to provide and improve the Services, to complywith law, and as otherwise described in the Privacy Policy.
As a condition of use, you agreenot to use the Services for any purpose that is prohibited by the Agreement orby 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 theServices 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 writtenconsent, such as contests, sweepstakes, barter, advertising, or pyramidschemes; (v) impersonates any person or entity, including any employee orrepresentative of Eventene; (vi) interferes with or attempt to interfere withthe proper functioning of the Services or uses the Services in any way notexpressly permitted by the Agreement; or (vii) attempts to engage in or engagein, any potentially harmful acts that are directed against the Services,including but not limited to violating or attempting to violate any securityfeatures of the Services, using manual or automated software or other means toaccess, “scrape,” “crawl” or “spider” any pages contained in the Services,introducing viruses, worms, or similar harmful code into the Services, orinterfering or attempting to interfere with use of the Services by any otheruser, host or network, including by means of overloading, “flooding,”“spamming,” “mail bombing,” or “crashing” the Services.
You further agree not to use theServices to send unsolicited or unlawful marketing or promotional messages, andacknowledge that your use of any lead generation features of the Services mustcomply with applicable advertising, marketing, and electronic communicationslaws, including any consent, disclosure, or opt-out requirements.
Eventene may, but is notobligated to, monitor or review the Services and Content at any time. Withoutlimiting 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 suchContent violates the Agreement or any applicable law. Although Eventene doesnot generally monitor user activity occurring in connection with the Servicesor Content, if Eventene becomes aware of any possible violations by you of anyprovision of the Agreement, Eventene reserves the right to investigate suchviolations, and Eventene may, at its sole discretion, immediately terminateyour license to use the Services, or change, alter or remove Your Content, inwhole or in part, without prior notice to you.
You are solely responsible foryour interactions with other Users and any other parties with whom youinteract; provided, however, that Eventene reserves the right, but has noobligation, to intercede in such disputes. You agree that Eventene will not beresponsible for any liability incurred as the result of such interactions.
The Services may contain UserContent provided by other Users. Eventene is not responsible for and does notcontrol User Content. Eventene has no obligation to review or monitor, and doesnot approve, endorse or make any representations or warranties with respect toUser Content. You use all User Content and interact with other Users at yourown risk.
Our Services may include instantmessaging and chat functionalities allowing user-to-user communication. Usersare expected to use these features responsibly and in accordance with ourcommunity guidelines. All messages should respect the rights of others and notinvolve harmful, threatening, abusive, or otherwise objectionable content. Wereserve the right, but not the obligation, to monitor or review content sharedvia these services and to remove any material that violates our policies or thelaw. Repeated misuse of the messaging and chat services may result insuspension or termination of access to these features or the Services as awhole.
All information aboutParticipants and Events, Registration Data and any information stored ortransmitted in any way on the Websites, Mobile App or through the use of theServices, is subject to our Privacy Policy (“Privacy Policy”), the terms ofwhich are incorporated herein.
When you participate in an Event,certain information about you (for example, your name, email address,organization, or registration information) may be shared with the Organizerand, where applicable, exhibitors or sponsors, especially when you allow a QRcode or badge to be scanned or when you otherwise indicate interest in a booth,sponsor, or exhibition. Such third parties are independent controllers orbusinesses (as applicable) of your information and are solely responsible fortheir own privacy practices, communications, and follow-up. You should reviewthe privacy notices of Organizers or exhibitors before engaging with them.
Eventene maintains commerciallyreasonable administrative, physical, and technical safeguards designed toprotect the confidentiality, integrity, and availability of personal data andOrganizer Data processed through the Services. Such safeguards may includeaccess controls, encryption in transit, vulnerability management, and loggingand monitoring. While Eventene takes reasonable steps to protect your data, nomethod of transmission over the Internet or method of electronic storage is100% secure, and Eventene cannot guarantee absolute security.
If Eventene becomes aware ofunauthorized access to personal data in its possession that is likely to resultin a risk to the rights and freedoms of individuals, Eventene will notifyaffected Organizers or Users without undue delay and in accordance withapplicable law, and will provide information reasonably available to Eventeneat the time of notification.
The Services may contain links tothird-party websites (“Third-Party Websites”) and applications (“Third-PartyApplication”). When you click on a link to a Third-Party Website or Third-PartyApplication, we will not warn you that you have left the Services and aresubject to the terms and conditions (including privacy policies) of anotherwebsite or destination. Such Third-Party Websites and Third-Party Applicationsare not under the control of Eventene. Eventene is not responsible for anyThird-Party Websites or Third-Party Applications. Eventene provides theseThird-Party Websites and Third-Party Applications only as a convenience anddoes not review, approve, monitor, endorse, warrant, or make anyrepresentations with respect to Third-Party Websites or Third-PartyApplications, or any product or service provided in connection therewith. Youuse all links in Third-Party Websites and Third-Party Applications at your ownrisk. When you leave our Websites, the Agreement and policies no longer govern.You should review applicable terms and policies, including privacy and datagathering practices, of any Third-Party Websites or Third-Party Applications,and make whatever investigation you feel necessary or appropriate beforeproceeding with any transaction with any third party.
You acknowledge and agree thatthe availability of the Mobile App and the Services is dependent on the thirdparty from whom you received the Application license, e.g., the Apple App Storeor Google Play (each, an “App Store”). You acknowledge that the Agreement isbetween you and Eventene and not with the App Store. Eventene, not the AppStore, is solely responsible for the Services, including the Mobile App, thecontent thereof, maintenance, support services, and warranty therefor, andaddressing any claims relating thereto (e.g., product liability, legalcompliance or intellectual property infringement). In order to use the MobileApp, you must have access to a wireless network, and you agree to pay all feesassociated with such access. You also agree to pay all fees (if any) charged bythe App Store in connection with the Services, including the Mobile App. Youagree to comply with, and your license to use the Mobile App is conditionedupon your compliance with all terms of agreement imposed by the applicable AppStore when using any Service, including the Mobile App. You acknowledge thatthe App Store (and its subsidiaries) are third-party beneficiaries of theAgreement and will have the right to enforce it.
The following applies to any AppStore Sourced Application accessed through or downloaded from the Apple AppStore:
(a) You acknowledge and agree that (i) the Agreement is concluded between youand Eventene only, and not Apple, and (ii) Eventene, not Apple, is solelyresponsible for the App Store Sourced Application and content thereof. Your useof the App Store Sourced Application must comply with the App Store Terms ofService.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenanceand support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conformto any applicable warranty, you may notify Apple, and Apple will refund thepurchase price for the App Store Sourced Application to you (if any) and to themaximum extent permitted by applicable law, Apple will have no other warrantyobligation whatsoever with respect to the App Store Sourced Application. Asbetween Eventene and Apple, any other claims, losses, liabilities, damages,costs or expenses attributable to any failure to conform to any warranty willbe the sole responsibility of Eventene.
(d) You and Eventene acknowledge that, as between Eventene and Apple, Apple isnot responsible for addressing any claims you have or any claims of any thirdparty relating to the App Store Sourced Application or your possession and useof the App Store Sourced Application, including, but not limited to: (i)product liability claims; (ii) any claim that the App Store Sourced Applicationfails 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 claimthat the App Store Sourced Application or your possession and use of that AppStore Sourced Application infringes that third party’s intellectual propertyrights, as between Eventene and Apple, Eventene, not Apple, will be solelyresponsible for the investigation, defense, settlement and discharge of anysuch intellectual property infringement claim to the extent required by theAgreement.
(f) You and Eventene acknowledge and agree that Apple, and Apple’ssubsidiaries, are third-party beneficiaries of the Agreement as related to yourlicense of the App Store Sourced Application, and that, upon your acceptance ofthe terms and conditions of the Agreement, Apple will have the right (and willbe deemed to have accepted the right) to enforce the Agreement as related toyour license of the App Store Sourced Application against you as a third-partybeneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with allapplicable third-party terms of agreement when using the App Store SourcedApplication.
The following applies to anyGoogle Play Sourced Application accessed through or downloaded from GooglePlay:
(a) You acknowledge and agree that (i) the Agreement are concluded between youand Eventene only, and not Google, Inc. (“Google”), and (ii) Eventene, notGoogle, is solely responsible for the Google Play Sourced Application andcontent thereof. Your use of the Google Play Sourced Application must complywith the Google Play Agreement of Service.
(b) Google is only a provider of Google Play where you obtained the Google PlaySourced Application.
(c) Eventene, and not Google, is solely responsible for its Google Play SourcedApplication;
(d) Google has no obligation or liability to you with respect to Eventene’sGoogle Play Sourced Application or this Agreement; and
(e) You acknowledge and agree that Google is a third-party beneficiary to thisAgreement as it relates to Eventene’s Google Play Sourced Application.
If you elect to receive pushnotifications regarding Events through the Mobile App, any such notificationswill incur normal carrier fees and charges. You may disable push notificationsat any time by following instructions in the Mobile App (via the Settings page)or in your mobile device's operating system.
When you sign up for the Site andthe Services with a free account (“Free Plan”) you will be limited to thenumber of records that you may input regarding Events and be subject to otherrestrictions, including the number of Events and Authorized Users. You maychange from a Free Plan to one of our paid plans (“Paid Plan”) by accessingyour account information in the “My Account” tab of the Site and following theinstructions provided, including agreeing to the payment terms. For clarity,the term “Paid Plan” refers to any subscription plan that requires payment offees, regardless of tier or feature set.
If you agree to sign up for aPaid Plan, your subscription will renew automatically and you will be chargedthe agreed upon amount on the same day each month (or the same day each year inthe case of an annual plan) of your subscription (“Billing Date”) until youraccount is canceled, terminated, or converted to a Free Plan. You may convertyour account to a Free Plan by disabling the Auto-Renewal setting in yourBilling Profile in your Account settings before your next occurring BillingDate (“Next Billing Date”). No full or partial refunds will be provided for anyaccount conversion from a Paid Plan to a Free Plan in the middle of a billingcycle. You may also cancel or terminate your Free Plan or Paid Plan account bycontacting us at support@eventene.com. If we are unable to charge you for anymonthly or annual charges on your Next Billing Date, we will notify you throughthe e-mail address that you provided when you signed up for the Services. Inorder to continue your Paid Plan, you must supply a valid form of payment inthe Payment Method area of your Account settings. If we are unable to chargeyour monthly or annual charge for the Paid Plan for more than ten (10) daysafter notification, your Paid Plan account (including the Auto-Renewal feature)will be canceled and your Paid Plan will be downgraded to a Free Plan, afterwhich you and your Authorized Users will not be able to use any Paid Planfeatures, unless you change your account back to a Paid Plan. If your Paid Planaccount is terminated or cancelled, you are solely responsible for exportinginformation stored to your computer or another account. After sixty (60) daysfollowing cancellation or termination of your account, we are no longerobligated to store any information that you input or stored for your account.
If Eventene permits you to payfor a Paid Plan or other Services by invoice, payment is due within the timeperiod specified on the invoice. Unless otherwise agreed in writing, invoicepayment terms are net thirty (30) days from the invoice date. Any amounts notpaid when due may accrue interest at a rate of one and one-half percent (1.5%)per month, or the maximum rate permitted by law, whichever is lower, from thedue date until paid in full. Eventene reserves the right to suspend or disableaccess to the Services, downgrade a Paid Plan to a Free Plan, limitfunctionality of the Services, or terminate your account if any invoicedamounts remain unpaid after their due date.
The Services also allowOrganizers to collect payments from Participants for the purposes of operatingEvents. The Organizers, not Eventene, are solely responsible for honoring anygoods or services offered in exchange for payments through the Services. Ifyou, as a Participant, choose to enter into a transaction with the Organizerfor participation in an Event and/or purchase of Event-related items, the totalfees payable will be displayed to a Participant before the Participant makes apayment to the Organizer. Upon receipt of your request, Eventene may, usingStripe, initiate a pre-authorization and/or charge a normal amount to yourPayment Method (as defined below). You as a Participant agree to pay the totalfees for any Event items requested and confirmed.
Eventene uses Stripe, Inc.(“Stripe”) as a third-party service provider for payment services (e.g., creditcard transaction processing, merchant settlement and related services). If youare required to pay Eventene and/or an Organizer and elect to use the Services,you agree to be bound by Stripe’s Privacy Policy available at https://stripe.com/privacy,and hereby consent and authorize Eventene and Stripe to share any informationand payment instructions you provide to the extent required to complete thepayments in accordance with the Agreement. By requesting or confirming Eventpayments through the Services, you also agree to be bound by Stripe’s ServiceAgreement available at https://stripe.com/ssa.
All information that you provideto us or Stripe must be accurate, current, and complete. By accessing or usingthe Services, you authorize Eventene to charge your payment method (“PaymentMethod”) in accordance with this Section 12. YOU REPRESENT AND WARRANT THAT YOUHAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES. You agreeto pay all charges you incur.
Eventene’s fees are net of anyapplicable Sales Tax. If any Services, or payments for any Services, under theAgreement are subject to Sales Tax in any jurisdiction and you have notremitted the applicable Sales Tax to Eventene, you will be responsible for thepayment of such Sales Tax and any related penalties or interest to the relevanttax authority, and you will indemnify Eventene for any liability or expense wemay incur in connection with such Sales Taxes. Upon our request, you willprovide us with official receipts issued by the appropriate taxing authority,or other such evidence that you have paid all applicable taxes. For purposes ofthis section, “Sales Tax” shall mean any sales or use tax, and any other taxmeasured by sales proceeds, that Eventene is permitted to pass to itscustomers, that is the functional equivalent of a sales tax where theapplicable taxing jurisdiction does not otherwise impose a sales or use tax.
If your use of the Servicesexceeds the limitations of your current plan (including without limitationattendee counts, number of Events, storage limits, Authorized Users, or featureaccess), Eventene may notify you and either (a) charge applicable overage fees,or (b) upgrade your plan to the appropriate tier in accordance with Eventene’sthen-current pricing. You remain responsible for all fees associated with suchoverages or tier adjustments.
For certain enterprise or customplans, Eventene may agree in a separate written Service Level Agreement (“SLA”)to provide service credits as a remedy for verified service unavailability orother issues defined in that SLA. Any such credits will be described in theapplicable SLA and will represent your sole and exclusive remedy for theservice issues covered by that SLA.
You agree to defend, indemnifyand hold Eventene and its affiliates, together with their respective employees,agents, directors, officers and shareholders (each, an “Eventene Party” andcollectively, the “Eventene Parties”) harmless from and against allliabilities, losses, claims, damages, costs and expenses (including reasonableattorneys' 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 thisAgreement, (iv) your violation of any rights of another party, including anyUsers and (v) your violation of any applicable laws, rules or regulations.Eventene reserves the right, at its own cost, to assume the exclusive defenseand control of any matter otherwise subject to indemnification by you, in whichevent you agree to fully cooperate with Eventene in asserting any availabledefenses. This provision does not require you to indemnify any of the EventeneParties for any unconscionable commercial practice by such party or for suchparty’s fraud, deception, false promise, misrepresentation or concealment, orsuppression or omission of any material fact in connection with any Servicesprovided hereunder. You agree that the provisions in this section will surviveany termination of your account, the Agreement and/or your access to theServices.
Without limiting the foregoing,if you are an Organizer, you agree to defend, indemnify and hold EventeneParties harmless from and against any and all claims, damages, losses,liabilities, costs and expenses (including reasonable attorneys’ fees) arisingout of or related to (a) your Events, including any claims by Participants orthird parties relating to event access, safety, logistics, or cancellations;(b) your failure to obtain necessary consents or provide required notices toParticipants; and (c) your violation of any applicable data protection orprivacy laws in connection with your use of the Services; and (d) youruse of any lead generation, badge scanning, or lead export features of theServices, including any communications or follow-ups with Participants based onsuch leads.
You understand that theprocessing and transmission of communications relating to the use of theWebsites, Mobile App, and/or the Services, including your data, may involvetransmissions over various networks and changes to conform and adapt totechnical 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 transmittedby you through the Services.
YOU EXPRESSLY UNDERSTAND ANDAGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICESIS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS, WITH ALL FAULTS. EVENTENE PARTIES EXPRESSLYDISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Eventene Parties make norepresentation or warranty that (i) the Services will meet your expectations orrequirements, (ii) the Services will be uninterrupted, timely, accurate,secure, complete or error-free, (iii) any results or information that may beobtained from the use of the Services will be accurate, timely, complete orreliable and (iv) any errors in any software used in connection with theServices will be corrected. Operation of the Services may be interfered with bynumerous 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 theInternet or any data or telecommunications equipment, system or network used inconnection with the Services.
While we have endeavored tocreate secure and reliable Websites and Mobile App, the Eventene Parties arenot responsible for the security of information transmitted via the Internet,the accuracy of the information contained on the Websites or Application, orfor the consequences of any reliance on such information. You must make yourown determination as to these matters. The Services may be temporarilyunavailable from time to time for maintenance or other reasons.
From time to time, Eventene may perform scheduledmaintenance or emergency maintenance to maintain the security or integrity ofthe Services, and such maintenance may result in temporary serviceinterruptions.
YOU ACKNOWLEDGE AND AGREE THATEVENTENE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EVENTENEPARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OFEXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELYWITH YOU. YOU ACKNOWLEDGE AND AGREE THAT MAPSPEOPLE, INC. IS A THIRD-PARTYBENEFICIARY TO THIS AGREEMENT AS IT RELATES TO THE MAPSPEOPLE MAPS.
YOU ARE SOLELY RESPONSIBLE FORALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES,INCLUDING YOUR PARTICIPATION IN ANY EVENTS. YOU UNDERSTAND THAT EVENTENE DOESNOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES.
IN NO EVENT SHALL EVENTENEPARTIES BE LIABLE WITH RESPECT TO ANY EVENT OR ANY OTHER SUBJECT MATTER OF THISAGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTEDDATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIALDAMAGES, EVEN IF EVENTENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOMEJURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENTPERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLEUNDER APPLICABLE LAW, EVENTENE'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTYIN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEESPAID BY YOU TO EVENTENE FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIODIMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES; OR (B) $100.
EXCEPT FOR EVENTENE’S OBLIGATIONSTO PROTECT YOUR PERSONAL DATA AS SET FORTH IN EVENTENE’S PRIVACY POLICY,EVENTENE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERYOR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENTAND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THE LIMITATIONS OF DAMAGES SETFORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEENEVENTENE AND YOU.
To the maximum extent permittedby law, Eventene Parties are not responsible for, and shall have no liabilityarising out of or related to, any Events, including: (a) event quality, safety,or logistics; (b) any cancellations, rescheduling, overbooking, or denial ofaccess; or (c) any acts or omissions of Organizers, Participants, venues, orthird-party service providers.
You agree that Eventene, in itssole discretion and without prior notice or liability to you, may issue awarning, temporarily suspend, indefinitely suspend, or terminate your accountfor any reason, whether with or without cause or warning. In the event oftermination of this Agreement or your access to the Services, Eventene maydelete and/or store, in its discretion, data associated with your use of theServices. Eventene may also deactivate your account or change your Paid Planaccount to a Free Plan account.
If Eventene permanentlydiscontinues the Services prior to the end of a prepaid subscription period,Eventene will use commercially reasonable efforts to provide at least thirty(30) days’ prior notice and a reasonable opportunity for Organizers to exportOrganizer data then stored in the Services. If the Services are permanentlydiscontinued before the expiration of a prepaid subscription term, Eventenewill provide a prorated refund of prepaid fees corresponding to the unusedportion of such term. This prorated refund will be the sole and exclusiveremedy of the Organizer in connection with the permanent discontinuation of theServices, unless otherwise required by applicable law or agreed in a separatewritten agreement.
For clarity, a temporaryinterruption of the Services, scheduled or unscheduled maintenance, featurechanges, changes to third-party integrations, or termination of an individualUser or Organizer account shall not constitute a permanent discontinuation ofthe Services.
Upon termination of thisAgreement, all provisions of the Agreement which by their nature should survivewill survive termination, including without limitation ownership provisions,warranty disclaimers, and limitations of liability.
If you want to terminate theServices provided by Eventene, you may do so by (a) notifying Eventene at anytime and (b) closing your account for all of the Services that you use. If youare a subscriber to a paid account, termination may also be effected bydisabling the Auto-Renew feature within the Services. Your notice should besent in writing to Eventene’s address set forth in Section 20.6. THE SERVICESWILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOURSUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 12.
The Services are controlled andoperated from the United States. If you access or use the Services from outsidethe United States, you do so at your own initiative and are responsible forcompliance with local laws and regulations. Eventene makes no representationthat the Services are appropriate or available for use in any particularjurisdiction.
To the extent that we processpersonal data originating in the European Economic Area (EEA), the UnitedKingdom, or Switzerland, we will do so in accordance with applicable dataprotection laws and as further described in our Privacy Policy. To the extentEventene processes personal data on behalf of Organizers in connection withEvents, Eventene acts as a data processor (or service provider) and Organizersact as data controllers (or businesses), and Organizers are responsible forobtaining all necessary consents, notices, and lawful bases for suchprocessing.
If you are an Organizer subjectto the General Data Protection Regulation (GDPR), the UK GDPR, the SwissFederal Act on Data Protection, or equivalent data protection laws, Eventenemay make available a Data Processing Agreement (“DPA”) governing Eventene’sprocessing of personal data on your behalf. In the event of any conflictbetween the terms of a DPA and this Agreement with respect to the processing ofpersonal data, the terms of the DPA will control.
Please read the followingarbitration agreement in this Section (“Arbitration Agreement”) carefully. Itrequires you to arbitrate disputes with Eventene and limits the manner in whichyou can seek relief from us.
You agree that any dispute orclaim relating in any way to your access or use of the Websites, to anyproducts sold or distributed through the Websites, or to any aspect of yourrelationship with Eventene, will be resolved by binding arbitration, rather thanin court, except that (1) you may assert claims in small claims court if yourclaims qualify; and (2) you or Eventene may seek equitable relief in court forinfringement or other misuse of intellectual property rights (such astrademarks, trade dress, domain names, trade secrets, copyrights, and patents).This Arbitration Agreement shall apply, without limitation, to all claims thatarose or were asserted before the effective date of this Agreement or any priorversion of this Agreement.
The Federal Arbitration Actgoverns the interpretation and enforcement of this Arbitration Agreement. Tobegin an arbitration proceeding, you must send a written notice requestingarbitration and describing your claim to Eventene’s then-current registeredagent as listed with the Delaware Secretary of State or as otherwise providedby Eventene upon request.
The arbitration will be conductedby JAMS, an established alternative dispute resolution provider. Disputesinvolving claims and counterclaims under $250,000, not inclusive of attorneys’fees and interest, shall be subject to JAMS’s most current version of theStreamlined Arbitration Rules and procedures available at www.jamsadr.com/rules-streamlined-arbitration/;all other claims shall be subject to JAMS’s most current version of theComprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration/.JAMS’s rules are also available at www.jamsadr.com or by callingJAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties willselect an alternative arbitral forum. If the arbitrator finds that you cannotafford to pay JAMS’s filing, administrative, hearing and/or other fees andcannot obtain a waiver from JAMS, Eventene will pay them for you. In addition,Eventene will reimburse all such JAMS’s filing, administrative, hearing and/orother fees for claims totaling less than $10,000 unless the arbitratordetermines the claims are frivolous.
You may choose to have thearbitration conducted by telephone, based on written submissions, or in personin the country where you live or at another mutually agreed location. Anyjudgment on the award rendered by the arbitrator may be entered in any court ofcompetent jurisdiction.
The arbitrator shall haveexclusive authority to (a) determine the scope and enforceability of thisArbitration Agreement and (b) resolve any dispute related to theinterpretation, applicability, enforceability or formation of this ArbitrationAgreement including, but not limited to, any claim that all or any part of thisArbitration Agreement is void or voidable. The arbitration will decide therights and liabilities, if any, of you and Eventene. The arbitration proceedingwill not be consolidated with any other matters or joined with any other casesor parties. The arbitrator shall have the authority to grant motionsdispositive of all or part of any claim. The arbitrator shall have theauthority to award monetary damages and to grant any non-monetary remedy orrelief available to an individual under applicable law, the arbitral forum’srules, and the Agreement (including the Arbitration Agreement). The arbitratorshall not be empowered to award punitive, exemplary, multiplied, orconsequential damages, except where such damages are expressly permitted byapplicable law and cannot be waived. The arbitrator shall issue a written awardand statement of decision describing the essential findings and conclusions onwhich the award is based, including the calculation of any damages awarded. Thearbitrator has the same authority to award relief on an individual basis that ajudge in a court of law would have. The award of the arbitrator is final andbinding upon you and us.
YOU AND EVENTENE HEREBY WAIVE ANYCONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONTOF A JUDGE OR A JURY. You and Eventene are instead electing that all claims anddisputes shall be resolved by arbitration under this Arbitration Agreement,except as specified above. An arbitrator can award on an individual basis thesame damages and relief as a court and must follow this Agreement as a courtwould. However, there is no judge or jury in arbitration, and court review ofan arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHINTHE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUALBASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEYGENERAL BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONEUSER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If adecision is issued stating that applicable law precludes enforcement of anyportion of this subsection as to a given claim for relief, then that claim (andonly that claim) must be severed from the arbitration and brought exclusivelyin the state or federal courts located in the State of Delaware. All otherclaims shall be arbitrated.
You have the right to opt out ofthe provisions of this Arbitration Agreement by sending written notice of yourdecision to opt out to contact@eventene.com within 30 days after first becomingsubject to this Arbitration Agreement. Your notice must include your name andaddress, your Eventene username (if any), the email address you used to set upyour Eventene account (if you have one), and an unequivocal statement that youwant to opt out of this Arbitration Agreement. If you opt out of thisArbitration Agreement, all other parts of this Agreement will continue to applyto you. Opting out of this Arbitration Agreement has no effect on any otherarbitration agreements that you may currently have, or may enter in the future,with us.
Except as provided above, if anypart or parts of this Arbitration Agreement are found under the law to beinvalid or unenforceable, then such specific part or parts shall be of no forceand effect and shall be severed and the remainder of the Arbitration Agreementshall continue in full force and effect.
This Arbitration Agreement willsurvive the termination of your relationship with Eventene. The arbitratorshall apply this Agreement, including the Governing Law provision in Section20.5, and the Federal Arbitration Act, without regard to conflict of lawsprinciples.
Notwithstanding any provision inthis Agreement to the contrary, we agree that if Eventene makes any futurematerial change to this Arbitration Agreement, you may reject that changewithin thirty (30) days of such change becoming effective by writing Eventeneat the following address: Eventene, Inc., 730 Arizona Ave, Suite 200, SantaMonica, CA 90401.
California residents havecertain rights regarding consumer complaints and privacy under California law.In accordance with California Civil Code §1789.3, California resident users mayfile grievances or complaints with the California Department of ConsumerAffairs, Consumer Information Division, 400 R Street, Suite 1080, Sacramento,CA 95814; by telephone at (800) 952-5210 or (916) 445-1254; or by email todca@dca.ca.gov. Additional information about online privacy protections isavailable at www.ftc.gov.
California residents may alsohave rights under the California Consumer Privacy Act (as amended by theCalifornia Privacy Rights Act) (“CCPA/CPRA”), including the right to requestaccess to, deletion of, or correction of their personal information, and theright to opt out of certain data sharing practices. Instructions for exercisingthese rights are provided in our Privacy Policy. You may also contact us atsupport@eventene.com for assistance.
The communications between youand Eventene may take place via electronic means, whether you visit theServices or send Eventene e-mails, or whether Eventene posts notices on theServices 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, andother communications that Eventene provides to you electronically satisfy anylegal requirement that such communications would satisfy if it were to be inwriting. The foregoing does not affect your statutory rights.
Eventene may assign thisAgreement at any time to a subsidiary or parent entity or to a successor to itsbusiness as part of a merger or sale of substantially all of its assets,including, without limitation, as part of a merger, acquisition, corporate reorganization,or sale of all or substantially all of its assets. You may not assign ortransfer this Agreement. If any provision of this Agreement is held to beunenforceable for any reason, the remaining provisions will be unaffected andremain in full force and effect.
Eventene shall not be liable forany delay or failure to perform resulting from causes outside its reasonablecontrol, 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 ormaterials.
For any questions or comments, orto report violations of this agreement, including receipt of spam from a user,please contact us at: contact@eventene.com with “Terms of Use” in the subjectline of your email. We will do our best to address your concerns.
This Agreement and any dispute,claim, or controversy arising out of or relating to it, to the extent notsubject to arbitration, will be governed by and construed in accordance withthe laws of the State of Delaware, without regard to its conflict of lawsprinciples. You and Eventene agree to the exclusive jurisdiction and venue ofthe Delaware Court of Chancery, or if federal jurisdiction exists, the UnitedStates District Court for the District of Delaware, for all such disputes notsubject to arbitration. The United Nations Convention on Contracts for theInternational Sale of Goods will not apply to this Agreement.
Where Eventene requires that youprovide an e-mail address, you are responsible for providing Eventene with yourmost current e-mail address. In the event that the last e-mail address youprovided to Eventene is not valid, or for any reason is not capable ofdelivering to you any notices required/ permitted by the Agreement, Eventene’sdispatch of the e-mail containing such notice will nonetheless constituteeffective notice. You may give notice to Eventene at the following address:Eventene, Inc., 730 Arizona Ave, Suite 200, Santa Monica, CA 90401. Such noticeshall be deemed given when received by Eventene by letter delivered bynationally recognized overnight delivery service or first-class postage prepaidmail at the above address.
The failure of Eventene toexercise or enforce any right or provision of this Agreement shall notconstitute a waiver of such right or provision.
If any of the provisions of thisAgreement is found by a court of competent jurisdiction to be invalid orunenforceable, then that provision will be construed in a manner consistentwith applicable laws to reflect, as nearly as possible, the original intentionsof the parties, and the remaining provisions shall remain in full force andeffect.
You may not use, export, import,or transfer any Services except as authorized by U.S. law, the laws of thejurisdiction in which you obtained the Services, and any other applicable laws.In particular, but without limitation, the Services may not be exported orre-exported (a) into any United States embargoed countries, or (b) to anyone onthe U.S. Treasury Department’s list of Specially Designated Nationals or theU.S. Department of Commerce’s Denied Person’s List or Entity List. By using theServices, you represent and warrant that (i) you are not located in a countrythat is subject to a U.S. Government embargo, or that has been designated bythe U.S. Government as a “terrorist supporting” country and (ii) you are notlisted on any U.S. Government list of prohibited or restricted parties. Youalso will not use the Services for any purpose prohibited by U.S. law,including the development, design, manufacture or production of missiles,nuclear, chemical or biological weapons. You acknowledge and agree thatproducts, services or technology provided by Eventene are subject to the exportcontrol laws and regulations of the United States. You shall comply with theselaws and regulations and shall not, without prior U.S. governmentauthorization, export, re-export, or transfer Eventene products, services ortechnology, either directly or indirectly, to any country in violation of suchlaws and regulations.
California residents may reportcomplaints to the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs as described inSection 19 (California Rights Policy).
This Agreement, together with anyapplicable Data Processing Agreement, constitutes the final, complete andexclusive agreement between you and Eventene with respect to the subject matterhereof and supersedes all prior and contemporaneous discussions between you andEventene with respect to such subject matter.
For transparency, Eventene maymaintain an archive or summary of material prior versions of these Terms of Useand their effective dates. You can request information about prior versions bycontacting support@eventene.com. Archived versions are provided for referenceonly and do not supersede the then-current version of the Agreement unlessexpressly required by applicable law. Your continued use of the Services afterthe effective date of an updated version of these Terms constitutes youracceptance of that version, in accordance with the “Effective Date” and changeprovisions described above.
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