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EventStart LLC ("EventStart", "We", "Our") web applications (the "EventStart Software"), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by EventStart (the "EventStart Services" ) are govern by the following terms and conditions.
Before using any EventStart Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the EventStart Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the EventStart registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the "agreement"). If you do not agree to this agreement, then please cease using the EventStart services immediately.
The EventStart services are available for individuals aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the EventStart registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the EventStart service, including all financial charges and legal liability that he or she may incur.
You acknowledge and agree that EventStart has offered the EventStart services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and EventStart, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and EventStart. EventStart would not be able to provide the EventStart Services to you on an economically reasonable basis without these limitations and disclaimers.
EventStart's Privacy Policy is hereby incorporated into this Agreement by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information. When using any of the EventStart Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). All Guidelines are hereby incorporated by reference into this Agreement.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the EventStart Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on EventStart Services.
The EventStart Services are owned and operated by EventStart. The EventStart Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the EventStart Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the EventStart Services are the property of EventStart or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the EventStart Services are proprietary to EventStart or its affiliates and/or third-party licensors. Except as expressly authorized by EventStart, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The EventStart Services are not available to persons under the age of 14 or to any Users suspended or removed from the EventStart Services by EventStart. You agree that the information you provide to EventStart upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
YOU MUST NOTIFY EVENTSTART IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
You agree to pay any fees due for and incurred by your use of the EventStart Services. Any payments and fees for your purchase and use of the EventStart Services may be managed by EventStart.
In order to ensure your satisfaction you will receive a one time 30-day money-back guarantee with your paid subscription. If you choose to cancel within the first 30-days, you will receive a full refund. Refunds cannot be issued after 30-days and we do not prorate for partial months.
If you wish to discontinue using the EventStart Services after 30-days, you may cancel your subscription at anytime. Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 14th of every month, and you cancel on the 22nd, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made. Please keep in mind, a cancellation will not generate a refund -- it will only stop future charges.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
EventStart reserves the right, but has no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, EventStart also reserves the right to disable any user's use of or access to the EventStart Services and the location information or profiles of other users, for any reason and without any notice.
You alone are responsible for your involvement with other Users. EventStart reserves the right, but has no obligation, to monitor disagreements between you and other Users.
EventStart does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the EventStart Services.
PLEASE NOTE: EVENTSTART RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
The EventStart Services allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize EventStart to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the EventStart Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the EventStart Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
EventStart assumes no responsibility whatsoever in connection with or arising from User Submissions. EventStart assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time EventStart chooses, in its sole discretion, to monitor User Submissions, EventStart nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, EventStart does not endorse and has no control over the content of User Submissions submitted by other Users. EventStart makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, EventStart reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
The EventStart Services may include links to other web sites or services solely as a convenience to Users. EventStart does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, EventStart makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the EventStart Services are solely between you and such advertiser. You agree that EventStart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the EventStart Services.
Parties other than EventStart may provide services or sell products via the EventStart Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. EventStart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if EventStart handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and EventStart will have no liability with respect thereto.
You agree that EventStart, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the EventStart Services or use of the EventStart Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the EventStart Services or any account you may have or portion thereof may be effected without prior notice, and you agree that EventStart will not be liable to you or any third-party for any such termination. EventStart does not permit copyright infringing activities on the EventStart Services, and reserves the right to terminate access to the EventStart Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies EventStart may have at law or in equity.
The EventStart services and any third-party software, services, or applications made available in conjunction with or through the EventStart services are provided "as is" and without warranties of any kind either express or implied. EventStart, and its suppliers and partners (including without limitation EventStart's third-party wireless operator partners), disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
EventStart and its suppliers and partners do not warrant that the functions contained in the EventStart Services will be uninterrupted or error-free, that defects will be corrected, or that the EventStart services or the server that makes them available are free of viruses or other harmful components.
EventStart, and its suppliers and partners do not warrant or make any representations regarding the use or the results of the use of any location information or the EventStart services in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not EventStart or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the EventStart services. you understand and agree that you download or otherwise obtain material or data through the use of the EventStart services at your own discretion and risk.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify, defend, and hold EventStart, its affiliated companies, and its suppliers and partners (including, without limitation, EventStart's wireless operator partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the EventStart Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the EventStart Services to meet another User in-person or to locate and attend any offline place or event. EventStart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will EventStart or its affiliates, contractors, employees, agents, or third-party partners (including, without limitation, EventStart's wireless operator partners) or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the EventStart Services; (c) the EventStart services generally or the EventStart software or systems that make the EventStart Services available; or (d) any other interactions with EventStart or any other user of the EventStart Services, even if EventStart or a EventStart authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall EventStart's (or its affiliates, contractors, employees, agents, suppliers, or third-party partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the EventStart services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by you for accessing the EventStart Services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than EventStart and received through or advertised on the EventStart Services or received through any links provided on the EventStart Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that EventStart's liability will be limited to the extent permitted by law.
Digital Millennium Copyright Act Compliance. It is EventStart's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, EventStart will promptly terminate without notice the accounts of Users that are determined by EventStart to be "repeat infringers." A repeat infringer is a User who has been notified by EventStart of infringing activity violations more than twice and/or who has had a User Submission removed from the EventStart Service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any EventStart Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing EventStart's Designated Copyright Agent with the following information in writing:
EventStart's Designated Copyright Agent to receive notifications of claimed infringement can be reached at legal@eventstart.com. For clarity, only DMCA notices should go to the EventStart Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to EventStart Customer Support.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.