Event Me User Agreement
1 General
2 Event Me is only a forwarder
3 Getting invited and going to events
4 Promoting an event to subscribers
5 Permitted events
6 Fees and services
7 Subscriber account, password, and security
8 License and site access
9 Content
10 External links
11 Copyright policy
12 Trademarks
13 User conduct (other)
14 Privacy
15 Notices
16 Indemnity
17 No warranty
18 Liability limit
19 No agency
20 Legal compliance
21 Arbitration and form selection
22 Breach
23 Other
1 General
This is the website of EventMe! Inc. (Event Me). Our corporate postal
address is 39-61 47th ST; Sunnyside, NY 11104 (USA). We can be reached via
e-mail at invite@EventMe.com or you can
reach our representatives by telephone at (USA) 212-477 2707. This User
Agreement describes the terms and conditions applicable to your use of
Event Me (both via the Site and email) and refers to registered
subscribers ("Subscribers"), event organizers using our service ("Event
Organizers") or both ("Users").
Event Me shall not be liable to Users or any third party should
Event Me modify or discontinue any aspect or feature of the Service. We
reserve the right to make changes to our Service, policies, and this User
Agreement at any time. We will notify registered Users who have agreed to
receive the Event Me newsletter through that newsletter about such
changes. For those users who have not agreed to accept the newsletter,
substantive changes will be posted on the site in this location, and the date
of the changes will be noted on the Web site for a period of time. Your
continued use of the site after the changes are posted constitutes your
agreement to the changes. If you do not agree to the changes, you may
discontinue being an Event Me User at any time by sending an email with
UNSUBSCRIBE in its subject line to invite@EventMe.com
.
BY COMPLETING THE REGISTRATION PROCESS OR USING THE Event Me SITE, YOU
INDICATE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS HEREIN.
If you are dissatisfied with any part of this User Agreement, your sole and
exclusive remedy is to discontinue using the Event Me Service. If you have
any questions, please contact us at invite@EventMe.com
.
2 Event Me is only a forwarder
Event Me forwards invitations of events to Subscribers and may provide
them with a variety of related services. Event Organizers receive promotions to
customized Invitation Lists.
2.1 Safe events
Because user authentication on the internet is difficult, Event Me cannot
and does not confirm each User's purported identity. We encourage you to
communicate directly with Event Organizers or potential event participants.
2.2 Release
Because we are not involved in the actual events promoted through our Service,
you release Event Me (and its officers, directors, contractors, parent
companies, agents, subsidiaries, and employees) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with any dispute you have with one or more Users.
2.3 Information control
We do not control the information provided by other Users that is made available
through our system. You may find other Users' information to be offensive,
harmful, inaccurate, or deceptive. Please use common sense and practice caution
when using our Service. Please note that there are also risks of dealing with
underage persons holding themselves out as adults or people acting under other
false pretenses.
2.4 Reservations and payments for events
For some events, Event Me collects RSVP requests from Subscribers or other
visitors of the Site on behalf of the Organizer. Such information is stored in
our system for the the Event Organizers so that they have a complete guest
list. However, because data transmission over the Internet and/or our systems
can fail, Event Me cannot be held liable for the accuracy of such information.
Event Me also offers shopping cart processing technology to Event Organizers.
This way, Organizers can efficiently arrange for payments from guests. However,
Event Me neither controls nor possesses any involved payment information at any
time and therefore cannot be held liable for any damages resulting from the
loss or abuse of such data. Because payments go directly for the buyer to the
Organizer's account, Event Me never holds moneys paid for event admission and
is not an intermediay for such transactions.
Please note that only actual payment on the website of the designated payment
processor is proof of purchase and guarantees admission under the Event
Organizers' terms. Subscribers and other payors are advised to print a copy of
the payment confirmation email or other receipt as a proof of payment to assist
in event admission.
Payments for tickets to some charitable events can be deducted from U.S. taxable
income. To the extent that Event Me points out such tax deductibility, we do so
in good faith based on information provided by the Event Organizer. Therefore,
the Organizer and not Event Me are responsible for the accuracy of such
information and Event Me cannot be held liable for problems arising out of
errors or misrepresentations related to the tax deductibility of event
payments.
3 Getting invited and going to events
As a Subscriber, you are ultimately responsible for your profile information.
If you are underage, this means in particular that you have to be truthful
about your month and year of birth in order to enable event organizers to
exclude you from invitations to events that are illegal for underaged
audiences.
You are encouraged to forward invitations to your contacts if the Event
Organizers don't state otherwise. Please forward an invitation only to contacts
that are likely to be interested in the event and have reached the legal age to
attend.
If you are receiving an invitation to events directed to mature audiences or
where alcohol will be served, you can attend them only if you have reached the
legal age in the jurisdiction(s) of the event. If you believe that you should
not have been invited because you have stated (by your month and year of birth)
that you are underage for that event, please inform us at
invite@EventMe.com about the event. Please inform us also if you think
an event is unlawful for any reason.
4 Promoting an event to subscribers
Invitation. You must be legally able to promote the event(s) you are
promoting through us whether for yourself or for your clients. You must truly
and fully describe your event and all its terms in the invitation and to us.
This includes, in particular, that you may have to inform us of a minimum age
in order to exclude subscribers that have not yet reached the legal age for
your event. Your invitation may include text descriptions, graphics, pictures,
links, and other content relevant to the promotion.
Cancellations and changes. You are responsible for informing invited
Subscribers of any relevant changes to or cancellations of your event(s).
RSVP and payment processing. If you use Event Me to accept reservations
for your event, we expect you to honor all successful reservations that comply
with your terms of admission to your event. If your event sells out, you need
to inform us promptly so that we can close the registration. In order to take
advantage of our shopping cart feature to facilitate efficient collection of
admission payments for your event, you currently need to have a "verified
Premier or Business account" with PayPal. Otherwise, you will not be able to
accept payments from guests that don't have a PayPal account and you cannot use
our shopping cart. Please use this link to register for a free PayPal Premier or
Business account now. (Note: It can take up to 4 business days for your
account to be verified so that it can accept credit card payments. PayPal
charges
processing fees on received payments.)
5 Permitted events
As an Event Me User, you are ultimately responsible for making sure that
planning or attending a promoted event is legal in the jurisdiction(s) it takes
place in. If you think an event promoted through Event Me is not legal,
please contact us immediately at invite@EventMe.com
. We will investigate the suspicious event and, if appropriate, inform
invited Subscribers and terminate any ongoing or future promotions of the event
through our service.
Any event involving unlawful activity, such as the consumption of illegal drugs
or other illegal activities, may not be promoted through Event Me.
Events where alcohol will be served or events that are directed towards mature
audiences can only be promoted if we are informed of such conditions.
Political demonstrations or gatherings can be promoted through Event Me if
they have been officially approved by the appropriate locality (e.g., by
permit) if such approval is required.
You are not allowed to promote an event through Event Me if its
composition, its theme, its description, or any other feature violates
copyrights, trademarks, or other legal rights.
Event Me does not permit Event Organizers to place in their invitations
advertisements for third-party companies, products, or services unrelated to
the promoted event. This does not preclude event organizers from listing
companies, products, or services sponsoring the event itself in the invitation.
Event Me has to exercise judgment in allowing or disallowing certain
invitations in the best interest of the Users. Therefore, Event Me will
not promote or allow promotion of events promoting or glorifying hatred,
violence, or racial intolerance, or events that promote organizations with such
views. Under this policy, Event Me may, in its discretion, refuse or
terminate the promotion of events and refund promotion fees when the event or
description graphically portrays violence or victims of violence, and lacks
substantial social, artistic, or political value. Furthermore, Event Me
will refuse or terminate any promotion and suspend the event organizers
involved where it appears that a person convicted of a violent felony is
attempting to use Event Me (directly or indirectly) to benefit financially
from his or her criminal notoriety.
6 Fees and services
Subscribers use the Event Me Service free of
charge. Event Organizers pay a fee per promotion in relation to the kind of
event,
the value our service adds to it, and the number of
our subscribers being invited. Unless otherwise stated, all fees are quoted in U.S. Dollars. You
are responsible for paying all fees associated with using our Service and our
Site, as well as all applicable taxes. We reserve the right to charge a
fee of $25 on returned checks and a 1.5% monthly late fee (minimum $10) on
overdue balances. We may also advise our subscribers to use caution when dealing with event organizers
who are defaulting on payments to us.
For some events, organizers use Event Me's shopping cart feature to arrange for
payments through their PayPal account. While this does not involve any fees for
the registering guests, PayPal (but not Event Me) charges
payment processing fees to the organizers.
7 Subscriber account, password, and
security
Once you subscribe to the Service, you will receive a password and an account.
You are responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You may change your password at any time by
following the relevant instructions; you may also set up a new and/or
additional account (using a different email address) at your convenience. Every
Subscriber agrees to immediately notify Event Me of any unauthorized use
of his or her account or any other breach of security known to the User.
Our Services are not available to children under the age of 13 or to
temporarily or indefinitely suspended Event Me Users. If you are between
the ages of 13 and 18, you may use Event Me only with the permission and
oversight of a parent or guardian. Event Me reserves the right in its sole
discretion to refuse Service, terminate accounts, remove or edit content, or
cancel promotions at any time. If you do not qualify for any reason, please do
not use our Services. You may discontinue being an Event Me Subscriber at
any time by sending an email with UNSUBSCRIBE in its subject line to
invite@EventMe.com .
8 License and site access
Event Me grants you a limited license to access and use this Site. You may
not download (other than page caching) or modify the site, or any portion
thereof, except with the express written consent of Event Me. Although you
can use Event Me to promote events on behalf of your clients, this license
does not include any further resale or commercial use of this Site or its
contents; any collection and use of any event listings or descriptions; any
derivative use of this Site or its contents; or any use of data mining, robots,
or similar data gathering and extraction tools. This Site or any portion of
this Site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent
of Event Me. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Event Me without express written consent. You may
not use any meta tags or any other "hidden text" utilizing Event Me's name
or trademarks without the express written consent of Event Me. Any
unauthorized use terminates the permission or license granted by Event Me.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Event Me so long as the link does not
portray Event Me, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter.
9 Content
Event Me is a distributor of content supplied by Event Organizers,
coordinators, promoters, and other third parties. Event Organizers are solely
responsible for any data, text, software, music, sound, photographs, graphics,
video, messages, files, or other materials ("Content") which is transmitted,
posted, or distributed by them through the Service. All Content, whether
publicly posted or privately transmitted, is the sole responsibility of the
person or entity from which such Content originated. This means that each Event
Organizer, and not Event Me, is entirely responsible for all Content that
he or she uploads, posts, emails, or otherwise transmits via the Service.
Event Me does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity, or quality of such Content. As a
Subscriber, you may be exposed to Content posted by event organizers that may
be offensive, indecent, or objectionable to you. Under no circumstances will
Event Me be liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, or otherwise
transmitted via the Service.
Solely in order to enable Event Me to use the information you supply us
with (so that we are not violating any rights you might have in that
information), you agree to grant Event Me and its successors a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) you have in the Content that you supply
to us, in any media now known or not currently known, with respect to that
Content. Event Me will only use your Content in accordance with our
Privacy Policy. Event Organizers also grant Event Me the right to
authorize the downloading, printing, and, if not explicitly stated otherwise,
email forwarding in whole or in part of any Content that you have posted to the
Event Me Site or through the Service, by Subscribers for their personal
use.
10 External links
The Event Me Site and Emails contain links to other websites, resources
and advertisers. Event Me is not responsible for the availability of these
external sites and never does it endorse nor is it responsible for any of the
content, advertising, or other materials on such external sites. Under no
circumstances shall Event Me be held responsible or liable, directly or
indirectly, for any loss or damage caused, or alleged to have been caused, in
connection with the use of or reliance on any content, goods or services
available on any external site. Any concerns regarding any external link should
be directed to the external site's administrator or webmaster.
Event Organizers may place a simple link to another web page in the description
portion of their listing to help provide more information about their event or
to direct invitees to other websites for the purpose of RSVP'ing online.
However, the following links are not permitted:
links to other event direct-marketing services;
links to information about events that are prohibited on Event Me;
links to sites that are unlawful for the invited audiences; and
links to sites to which the event organizer does not have permission to link.
11 Copyright policy
All content included on this Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Event Organizers, Event Me, or Event Me's content
suppliers and is protected by United States and international copyright laws.
The compilation of all content on this Site is the exclusive property of
Event Me and protected by U.S. and international copyright laws. All
software used on this Site is the property of Event Me or its software
suppliers and protected by United States and international copyright laws.
Event Me respects the copyright and intellectual property rights of others
and insists that our Users respect those rights as well. Any copyrighted
material posted on the Event Me Site or distributed through Email is
intended for the personal use of Subscribers only. Commercial distribution,
performance, public display and/or commercial use of any of these materials is
strictly prohibited. You may not reproduce, modify, or otherwise use this
Content in any other way without the written consent of Event Me. You may,
however, forward Email messages in their entirety if not stated otherwise in
the Email message. Materials that infringe or appear to infringe on the
proprietary rights of others may be removed by Event Me in its sole
discretion. In addition, Event Me may terminate the accounts of Users who
appear to infringe the copyright or other intellectual property rights of
others.
If you believe that your copyright in any material has been infringed on
Event Me's Site or in Emails sent through Event Me, please notify
Event Me at info@EventMe.com or at
39-61 47th ST; Sunnyside, NY 11104 (USA). You must provide us with the
following information, which we will then forward to the alleged infringer:
Identify the copyrighted work that you claim has been infringed;
Identify the material on our Site or in Emails sent through us that you claim
is infringing, with enough detail so that we may locate it in our data;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner; and
Your physical or electronic signature.
12 Trademarks
EVENTME and other marks indicated on our Site are registered trademarks of
EventMe! Inc. in the United States. EVENTME, the Event Me Logo, EXIT YOUR
SOCIAL SAFETY ZONE, GET INVITED, and MATCHING EVENTS AND PEOPLE and other
Event Me graphics, logos, page headers, button icons, scripts, and service
names are trademarks or trade dress of EventMe! Inc. All other trademarks not
owned by Event Me that appear on this Site or in Email sent to you through
Event Me are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Event Me.
It is generally permissible for you to refer to Event Me on your website,
in event listings or in advertisements in a descriptive manner. For example,
you might say "I promote events through Event Me." Please remember that
Event Me is always spelled "Event Me" or "EventMe!" and never spelled
"Event Me!," "Eventme", or "EventMe.com" (with the exception of internet
addresses, of course). You should not refer to Event Me in any way that
might lead someone to believe that your company or site is sponsored by,
affiliated with, or endorsed by Event Me without the written consent of
Event Me.
13 User conduct (other)
Event Me reserves the right, but does not assume any responsibility, to
monitor or review User conduct on the Service. Users' use of the Service is
subject to all applicable local, state, national and international laws and
regulations. Users agree to the following conditions of use: (1) not to use the
Service for illegal purposes (including, but not limited to, gambling or
betting); (2) not to interfere or disrupt networks connected to the Service;
and (3) to comply with all regulations, policies, and procedures of networks
connected to the Service. The Service makes use of the internet to send and
receive certain messages; therefore, Users' conduct is subject to internet
regulations, policies, and procedures. Users agree NOT to:
-
Transmit or upload any material that contains any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs, or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data, or personal information;
-
Harvest or otherwise collect information about others, including email
addresses, without their consent;
-
Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity that is not a User of the Service any directory of
Event Me's Users or other User or usage information or any portion thereof
other than in the context of your use of the Service as permitted under this
User Agreement;
-
Publish, distribute or disseminate any libelous, threatening, inappropriate,
profane, defamatory, infringing, indecent, unlawful, harassing, abusive,
harmful, vulgar, obscene, sexually explicit, false, inaccurate, misleading or
otherwise objectionable material or information;
-
Defame, abuse, harass, stalk, threaten or in any way violate the legal rights
(such as rights of privacy and publicity) of others;
-
Violate any applicable local, state, federal or international law, statute,
ordinance or regulation (including, but not limited to, those governing
consumer protection, unfair competition, antidiscrimination or false
advertising);
-
Transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation;
-
Invade another's privacy or violate rights of publicity or intellectual
property rights (including, but not limited to, copyright, trademark and patent
rights) while using the Service;
-
Create a false identity for the purpose of misleading others as to the identity
or age of the User or the origin of Content;
-
Interfere with another User's use and enjoyment of the Service;
-
Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means;
-
Create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers; or
-
Engage in any other conduct which, in Event Me's sole discretion, is
considered unauthorized, objectionable, or unlawful.
Users agree not to use Event Me for chain letters, junk mail, surveys,
contests, pyramid schemes, "Spamming", or for any use of email to any person
who has not given specific permission to be included in such a process.
14 Privacy
It is Event Me's policy to respect the privacy of its Users. Event Me
will disclose Users' Data, the contents of Users' private communications, or
the contact information of Event Organizers' guests only if required to do so
by law, or as otherwise stated in Event Me's Privacy Policy, or in the
good faith belief that such action is necessary to: (1) conform to the edicts
of the law or comply with legal process served on Event Me; (2) protect
and defend the rights or property of Event Me; or (3) act under exigent
circumstances to protect the personal safety of its Users or the public. A
Subscriber's ability to access his or her personal information is limited to
that information contained in that Subscriber's account profile, which the
Subscriber can update or change at any time by visiting his or her Subscriber's
Account Profile page. Users consent to the use of their information as
described in the Privacy Policy. Please see Event Me's Privacy
Policy for more information.
15 Notices
Except as explicitly stated otherwise, any notices shall be given by postal
mail to EventMe! Inc., 39-61 47th ST; Sunnyside, NY 11104 (USA) (for User
notices to Event Me) or to User's email address that we have on file (for
Event Me notices to Users). Notice shall be deemed to be given 24 hours
after an email is sent, unless the sending party is notified that the email
address is invalid. If you are an Event Organizer, we may alternatively give
you notice by certified mail, postage prepaid and return receipt requested, to
the address provided to Event Me. In such case, notice shall be deemed
given 3 days after the date of mailing.
16 Indemnity
You agree to indemnify and hold us and our subsidiaries, partent companies,
affiliates, officers, directors, agents, contractors, and employees harmless
from any claim or demand, including reasonable costs and attorneys' fees, made
by any third party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of any law or the
rights of any third party.
17 No warranty
Users expressly agree that use of the Service is at their sole risk. EventMe!
Inc. Services are offered on an "as is" and "as available" basis. Event Me
makes no representations or warranties of any kind regarding the Content of
this Site and its related Email services. Under no circumstances will
Event Me be liable to any party for any direct, indirect, special,
punitive, multiple, or consequential damages (including, but not limited to,
damages for loss of business profits, business interruption, loss of programs
or information), or any other damages arising in any way out of the Content
included within an Event Me Email, as part of the Site, or undelivered
Email messages, even if EventMe! Inc. shall have been advised of the
possibility of such damages, and regardless of the form of action, whether in
contract, tort, or otherwise; or for any claim attributable to errors,
omissions, or other inaccuracies in, or destructive properties of any Content.
Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights;
you may also have other legal rights that vary from state to state.
18 Liability limit
In no event shall we or our suppliers be liable for any direct, indirect,
incidental, special, punitive, multiple, or consequential damages or lost
profits arising out of the use of or inability to use the Service, even if
Event Me has been advised of the possibility of such damages, resulting
from the use or the inability to use the Service. Our liability, and the
liability of our suppliers, to you or any third parties in any circumstances is
limited to the greater of (a) the amount of fees you pay to us in the 12 months
prior to the action giving rise to liability, or (b) $100. Some States do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
19 No agency
You and Event Me are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor/franchisee relationship is
intended or created by this Agreement.
20 Legal compliance
You shall comply with all applicable domestic and international laws, statutes,
ordinances, and regulations regarding your use of our Service and your planning
and your attendance of events promoted through this Service.
21 Arbitration and form selection
Any legal controversy or legal claim arising out of or relating to this
Agreement or our Services, excluding legal action taken by Event Me to
collect our fees and/or recover damages for, or obtain an injunction relating
to, the Event Me Site operations, intellectual property, and our Services,
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in New York, New York (USA), and
judgment on the arbitration award may be entered by any court having
jurisdiction thereof. Either you or Event Me may seek any interim or
preliminary relief from a court of competent jurisdiction in New York, New York
(USA) necessary to protect the rights or property of you or Event Me
pending the completion of arbitration. Should either party file an action
contrary to this provision, the other party may recover reasonable attorneys
fees and costs up to $1000.00.
22 Breach
Without limiting other remedies, we may immediately issue a warning,
temporarily refuse, or indefinitely refuse to provide our Services to you: (a)
if you breach this Agreement or the documents it incorporates by reference; (b)
if we are unable to verify or authenticate any information you provide to us;
or (c) if we believe that your actions may cause legal liability for you, our
Users, or us.
23 Other
This Agreement shall be governed in all respects by the laws of the State of
New York in The United States of America, excluding that body of law known as
conflicts of law and the United Nations Convention on Contracts for the
International Sale of Goods. We do not guarantee continuous, uninterrupted or
secure access to our Services, and operation of our Site may be interfered with
by numerous factors outside of our control. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by Event Me, in our
sole discretion, to a third party in the event of a merger or acquisition.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets forth the
complete and entire understanding and agreement between us with respect to the
subject matter hereof. Sections 2.2 (Release), 6 (Fees and services) with
respect to fees owed for our Services, 8 (License), 16 (Indemnity), 18
(Liability limit), and 21 (Arbitration) shall survive any termination or
expiration of this Agreement.
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