General Terms and Conditions
Welcome to Eventful. These General Terms and Conditions (referred to as the "General Terms") govern your utilization of www.Eventful.com (including all domains and sub-domains thereunder, known as the "Website") and any services provided or received thereby. The Website facilitates a searchable listing for (a) businesses ("Providers") to publish available event venues and event-related services, (b) event planners ("Planners," collectively with Providers, "Participants") to explore and communicate with Providers, and (c) Eventful to provide various services to Participants periodically.
ACCEPTANCEBy using this website, you are considered to have acknowledged these General Terms comprehensively. Carefully read these General Terms as they delineate the conditions under which Eventful renders the Website accessible to you. If you do not agree with these General Terms or breach them, you are not authorized to use the Website. In this document, "you" refers to the individual or entity utilizing the Website, and "Eventful" denotes Eventful, Inc. and its affiliates. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal recourse is to cease using the Website.
ADDITIONAL SERVICESBeyond the features available to users at no cost, you may register to access specific additional features ("Eventful Services") provided by Eventful. To utilize Eventful Services, you may be required to agree to additional terms and conditions ("Service Terms"), which are hereby incorporated into these General Terms by reference. Eventful reserves the right to charge a fee for the use of Eventful Services.
RIGHT TO MODIFY OR DISCONTINUE INFORMATION AND ACCESSEventful retains the right, periodically, to monitor your usage of the Website and the authority to remove or decline to post any information for any reason. You acknowledge that Eventful is not liable to you or any third party for (a) removal of, or refusal to post, any information on the Website or (b) modification, suspension, discontinuation, or termination of the Website or your access to it. Eventful reserves the right to suspend or terminate your access to the Website without notice if it believes that your usage may (i) contravene applicable law or these General Terms or (ii) adversely affect Eventful's interests or the interests of another person or entity, including intellectual property or other rights.
CONDUIT FOR INFORMATION; RELEASEYou recognize that, while Eventful maintains the Website, it does not (a) have an obligation to review or evaluate information that Participants post, (b) endorse Providers or guarantee the quality, legality, affordability, utility, or safety of their venues or services, or (c) guarantee the willingness or ability of Planners to contract or pay for venues or services. The Website functions as a conduit for information provided by Participants, and you are solely responsible for any information you post on the Website. Consequently, in the event of a dispute with one or more Participants, you release Eventful (and its officers, directors, agents, and employees) from claims, demands, and damages arising from or connected with such disputes. Links to other websites on the Website are provided for your convenience, and Eventful disclaims any endorsement or warranty regarding the content of such websites. Accessing third-party websites linked to the Website is at your own risk.
RESTRICTIONSYou may not:
- Post or transmit from the Website any false, misleading, unlawful, threatening, harassing, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could result in civil or criminal liability under the law.
- Upload materials that could infringe any third party's rights, including intellectual property, publicity, or privacy rights.
- Upload materials containing viruses, corrupted files, or any other similar software or programs that may harm another's computer.
- Falsify or delete any author attributions, legal notices, or proprietary designations in uploaded files.
- Copy, reproduce, alter, modify, create derivative works of, or publicly display any content from the Website, except for information you provide, and then only in the form you provided it. Additionally, you may not use any automated device or manual process to achieve the aforementioned or to monitor the Website. Furthermore, you may not use any device, software, or routine to bypass robot exclusion headers or interfere with the proper functioning of the Website.
By using the Website, you grant Eventful a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right (subject to compliance with the Privacy Policy) to exercise all copyright and publicity rights concerning all information you post on the Website, including information provided through the Event Agent (as defined below).
EVENTFUL INTELLECTUAL PROPERTYYou agree not to reproduce, duplicate, copy, sell, resell, or exploit any use of or access to any part of the Website for commercial purposes, except as expressly authorized by Eventful. You also acknowledge that third parties may own or possess intellectual property rights in content submitted by other Participants. Without explicit authorization from Eventful, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any information on the Website.
INTERNET ACCESSYou are responsible for acquiring and maintaining (a) access to the Website and paying any third-party fees (such as Internet service provider or airtime charges) incurred in connection therewith and (b) all equipment necessary to access the Website.
SEARCH TOOLIf you initiate a search on the Website for event rooms, meeting spaces, or services, Eventful's search tool (the "Event Agent") will provide results containing matching venues or services. You acknowledge that Eventful (a) bears no responsibility for the accuracy or completeness of information returned in search results and (b) may transfer any or all information you enter into the Event Agent to third parties, following its Privacy Policy terms, incorporated into these General Terms by reference. After receiving search results, you may contact listed Providers directly if desired.
PRIVACYUpon registering with Eventful, you may need to provide personal information. You agree to furnish true, accurate, current, and complete information during registration. It is your responsibility to update this account information promptly. If you provide fraudulent, untrue, inaccurate, incomplete, or outdated information, or if there are reasonable grounds to suspect such information, Eventful reserves the right to suspend or terminate your access to the Website without notice. Eventful is granted the right, subject to the Privacy Policy, to transmit, monitor, retrieve, store, and use your information in connection with Website operation. To the maximum extent permitted by law, Eventful disclaims responsibility or liability for any information you submit or the use or misuse of information transmitted or received through the Website.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY BY EVENTFULYOU EXPLICITLY AGREE THAT THE USE OF THE WEBSITE, INCLUDING YOUR USE OF ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, IS AT YOUR SOLE RISK. EVENTFUL (A) PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE WEBSITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EVENTFUL MAKES NO WARRANTY (A) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR (B) AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. THEREFORE, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR RECEIVE ANY SERVICES, CONTENT, OR INFORMATION THROUGH THE USE OF THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INCURRED DAMAGES. IN NO EVENT SHALL EVENTFUL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTFUL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE A FUNDAMENTAL BASIS OF THE AGREEMENT, AND EVENTFUL WOULD NOT PROVIDE, OR ALLOW YOU TO ACCESS, THE WEBSITE WITHOUT SUCH LIMITATIONS.INDEMNIFICATIONYou agree to defend, indemnify, and hold Eventful, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against any claims, actions, or demands, liabilities and settlements, including reasonable legal and accounting fees, arising from or alleged to arise from your use or misuse of the Website, any violation of these General Terms, or the infringement by you or any other subscriber or user of your account of any intellectual property or other right of any person or entity.
APPLICABLE LAW; VENUEThese General Terms are governed by the substantive laws of the State of Utah, without regard to its conflict of laws principles. You consent that exclusive jurisdiction for any dispute with Eventful or related to your use of the Website resides in the federal or state courts sitting in the State of Utah. You hereby consent to the exercise of personal jurisdiction and venue in such courts for any such dispute.
REMEDIESIn addition to its rights under applicable law, if Eventful determines, in its sole discretion, that you have breached any provision of these General Terms or demonstrated inappropriate conduct, Eventful reserves the right to take any or all of the following actions without notice or warning: (i) delete any or all content provided by you or anyone acting under your member name; (ii) discontinue your registration(s) with Eventful; (iii) discontinue your subscription to any content and/or product or service purchased through the Website; (iv) notify or send content to and/or fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which Eventful deems appropriate. Upon discontinuation of your access to the Website by Eventful, you agree not to attempt to re-register with or access the Website or use any Website content or any other product or service provided by Eventful, whether through a different member name or otherwise.
CHILDREN'S PRIVACYWe do not collect personally identifiable information from any person known to be a child under the age of 13. We are committed to safeguarding the privacy of children. Be aware that the Website is not intended or designed for children under the age of 13.
MISCELLANEOUSEventful's failure to insist on or enforce strict performance of any provision of these General Terms or exercise any right under them will not be construed as a waiver of Eventful's right to assert or rely upon any such provision or right in any instance. Eventful may assign its rights and obligations under these General Terms, and upon such assignment, Eventful may be relieved of further obligations hereunder. You are not allowed to assign your rights and obligations hereunder. These General Terms and the Eventful Privacy Policy constitute the entire agreement between you and Eventful regarding the use of the Website. Eventful may modify these General Terms at any time without liability. Your continued use and access of the Website following notice that these General Terms have changed constitute your acceptance of the new General Terms. Eventful reserves the right to reject or remove any listing for any reason. Eventful may modify, suspend, discontinue, or terminate the Website (or any part thereof), with or without notice, for any reason. If any provision of these General Terms is found invalid by any court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. You and Eventful are independent contractors, and neither your use of the Website nor Eventful Services shall be deemed to create any agency, partnership, joint venture, or employee-employer relationship. All notices required or permitted under these General Terms shall be deemed delivered (a) in the case of notice to you, upon prominently posting by Eventful of such notice on the Website and/or sending written notice to you at any provided email and/or post office address and (b) in the case of notice to Eventful, upon receipt by Eventful of an email submitted through the 'Contact Us' link on the Contact Us page or if delivered personally or mailed first-class, postage pre-paid, by registered or certified mail (notices mailed shall be deemed given ten (10) business days after mailing) to Eventful, Inc., 15 Plaza Drive, Ste101, Scarborough, ME 04074. Eventful reserves the right to terminate free access to the Website, and once free access is terminated, Eventful may charge each subscriber any applicable fee, surcharge, and/or membership fee for access to the Website and/or any for-pay content, services, products, etc.
Venue Terms of ServiceUpon registering with Eventful.com as a 'Provider,' you may choose to participate in specific Eventful Services ("Programs"). By clicking 'Submit,' you are considered to have agreed to these Provider Terms and Conditions (hereinafter referred to as the "Provider Terms"), which may be amended by Eventful from time to time. These Provider Terms, along with the General Terms and Conditions ("General Terms"), are an integral part of your agreement. Make sure to carefully review both the General Terms and these Provider Terms. Any capitalized terms used in these Provider Terms, not defined, shall carry the meanings ascribed to them in the General Terms.
PROVIDER ACCOUNT MAINTENANCETransferring your Eventful account or User ID to another party is not permitted. By registering as a Provider, you assert that you possess the necessary rights, authority, and power to bind yourself or the relevant business entity to these Provider Terms and the General Terms. Your use of the Website is contingent upon having the requisite rights and authority to sell items or services accurately described in your business profile on the Website. Eventful may monitor your Website usage to ensure compliance with Provider Terms and reserves the right to remove or refuse to post information at its discretion.
FEEDBACKProviders are allowed to receive feedback ("Feedback") from Participants on the Website. Eventful is not obligated to monitor or guarantee the accuracy and fairness of Feedback. Consequently, you release Eventful and its officers, directors, agents, and employees from any claims, demands, or damages arising from Feedback related to you. Providers are prohibited from manipulating Feedback, undermining the Feedback system's integrity, or marketing or exporting Feedback on any platform other than Eventful-operated websites.
PROVIDER BREACHIn case of a breach of the General Terms or Provider Terms, Eventful reserves the right, in addition to its rights under the General Terms, to promptly remove your profile from its listings, with no obligation to refund any previously paid amounts. Participants may be warned about your actions.
LEGAL COMPLIANCEProviders must adhere to all applicable domestic and international laws, statutes, ordinances, and regulations governing Website use and the listing, purchase, and sale of products or services.
ARBITRATIONAny legal dispute arising from or related to Eventful Services, excluding legal actions by Eventful to collect fees or obtain injunctions related to Website operations, shall be settled through binding arbitration following the commercial arbitration rules of the American Arbitration Association. Individual arbitration is stipulated, and no consolidation with claims of other parties is allowed.
DISCLAIMER AND LIMITATION OF LIABILITYEVENTFUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PROGRAM AND YOUR PARTICIPATION THEREIN. EVENTFUL DOES NOT GUARANTEE THAT YOUR PARTICIPATION WILL GENERATE ENGAGEMENTS. ANY RISK ASSOCIATED WITH YOUR PARTICIPATION, INCLUDING COLLECTING OWED AMOUNTS, REMAINS WITH YOU. EVENTFUL'S LIABILITY IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR PROGRAM PARTICIPATION. YOU ACKNOWLEDGE THESE LIMITATIONS AS ESSENTIAL TO THE AGREEMENT.
INDEMNIFICATIONYou agree to indemnify and hold Eventful, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from claims, actions, or demands, including legal and accounting fees, arising from your use, misuse, or violation of these Provider Terms, or infringement of intellectual property or other rights.
These terms constitute the entire agreement between you and Eventful, subject to modification without liability. Eventful reserves the right to terminate access or modify the Website at its discretion. If any provision is found invalid, other provisions remain in force. You and Eventful are independent contractors, and all notices shall be deemed delivered upon posting on the Website or sending written notice. Eventful reserves the right to charge applicable fees after terminating free access to the Website.