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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) 262 8224. 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 intermediary 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 underage 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 for dedicated emails to subscribers and for listings in our online and emailed calendar. That fee depends on 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.

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, 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, anti-discrimination 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, parent 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.