Event PlannersPlease read these terms of service carefully (“EP Terms”). These EP Terms, which incorporate our Privacy Policy and other policies posted on the Site (as defined herein), as amended from time to time, establish and govern the relationship between EVENTup, Inc. (“ EVENTup” or “ we” or “ our”) and the Event Planner end-users of the Site (“ Event Planner”). Our services, technology and Site are hereinafter collectively referred to as the “Services”. The Services include an online platform through which venue owners (“Venue Owners”) may list venues and Event Planners, and other Event Planner end users (collectively, “End Users”), may learn about, reserve, book, and pay for the use of Venues. For the purposes of these EP Terms, all end users of the Services are either Event Planners or Venue Owners (subject to the VO Terms below). If an end user of the Services is not a Venue Owner, then such end user is an Event Planner subject to these EP Terms.
Agreement to these EP TermsThese EP Terms constitute a legal contract. As such, by accessing, completing registration and utilizing the Site, Event Planner hereby acknowledges and agrees to be bound by these EP Terms, as updated, from time to time, by EVENTup, govern such Event Planner’s use of www.EVENTup.com as well as all associated sites linked to www.EVENTup.com by EVENTup, its subsidiaries and affiliated companies (collectively, the “Site”) including without limitation EVENTup’s online listing platform for event locations (each a “ Venue” and collectively, “ Venues”) and related services available via the Site. If an Event Planner does not agree to be bound by all of these EP Terms, such Event Planner shall not access or utilize the Services. If an Event Planner agrees to these EP Terms on behalf of a company or other legal entity, such Event Planner represents and warrants that he or she has the authority to bind that company or other legal entity. Notwithstanding any such agency relationship, the Event Planner agrees to be bound by these EP Terms, personally, as well. At some point, different areas of the Services and the Event Planner’s access to or use of certain Services or Content (defined below) may have different terms and conditions or may require the Event Planner to agree with and accept additional terms and conditions. If there is a conflict between these EP Terms and the terms posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to the Event Planner’s use of or access to that area of the Services or Site Content.
The Event Planner understands and agrees that the Services bring Venue Owners and Event Planner together; however, EVENTup is not a party to any agreements entered into between Venue Owners and Event Planners, nor is EVENTup a real estate broker or agent. As a result, EVENTup has no control over the conduct of Event Planners or Venue Owners. EVENTup has no control over the terms of any proposal generated by the Services, and the mere fact that Services allow Venue Owners to generate proposals with EVENTup’s name and trademark listed on them shall in no way be interpreted as EVENTup offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such proposal. EVENTup expressly disclaims all liability in this regard.
Changes to EP TermsEVENTup, may, in its sole discretion, modify these EP Terms, at any time and without prior notice. If we do so we will let the Event Planner know either by posting the modified EP Terms on the Site or through other communications. It’s important that Event Planners review the modified EP Terms whenever we revise them because Event Planner’s continued use of the Services shall constitute such Event Planner’s agreement to be bound by the modified EP Terms. Event Planner’s continued use will be governed by the modified EP Terms, as well. Because our Services are evolving, if the revised EP Terms are not acceptable to an Event Planner, such Event Planner must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to any Event Planner, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to any Event Planner.
Eligibility and Account Registration
If Event Planner would like to use our Services to view a Venue, such Event Planner must first register to create an account with EVENTup (“Account”). The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services Event Planner represents and warrants that he, she, or it is 18 or older.
When creating an Account, Event Planner will be required to provide certain information and establish a username and a password. Event Planner agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Event Planner can register directly through the Site or a social networking service we support (“SNS”). By using an SNS account, Event Planner is allowing EVENTup to access his or her SNS account information and Event Planner is agreeing to abide by the applicable terms and conditions of Event Planner’s SNS in his or her use of the Services via such SNS. We reserve the right to suspend or terminate Event Planner’s Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that Event Planner creates through the Services that violates these EP Terms. Event Planner is responsible for maintaining the confidentiality of Event Planner’s password and Account, and agree to notify us if Event Planner’s password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. Event Planner is responsible for activities that occur under Event Planner’s Account.
Content on the SiteFor the purposes of these EP Terms:
“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“EVENTup Content” means all Content that EVENTup makes available through the Services, including any Content licensed from a third party, but excluding Event Planner Content and Venue Owner Content.
“Event Planner Content” means all Content that an Event Planner posts, uploads, publishes, submits or transmits to be made available through the Services.
“Site Content” means Event Planner Content, Venue Owner Content and EVENTup Content.
“Venue Owner Content” means all Content that a Venue Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, availability, pricing, features, and any all other information or Content related to Venues.
Subject to Event Planner’s compliance with the terms and conditions of these EP Terms, EVENTup grants Event Planner a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any EVENTup Content solely for Event Planner’s personal and non-commercial purposes or internal business purposes. Subject to Event Planner’s compliance with these EP Terms, EVENTup grants Event Planner a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Venue Owner Content solely for Event Planner’s personal and internal business purposes.
Event Planner acknowledges and agrees to not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these EP Terms. No licenses or rights are granted to Event Planner by implication or otherwise under any intellectual property rights owned or controlled by EVENTup or its licensors, except for the licenses and rights expressly granted in these EP Terms. Event Planner agrees that Event Planner has no right to, or title in or to, any Site Content (except for the End User Content that such Event Planner provides) or any other attributes associated with Event Planner’s Account.
Event Planner agrees that Event Planner is solely responsible for all Event Planner Content. Event Planner represents and warrants that: (a) Event Planner owns the Event Planner Content that Event Planner provides through the Services, and (b) Event Planner has all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to EVENTup the rights in the Event Planner Content provided via the Services. Event Planner also represent and warrant that Event Planner Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Unless otherwise explicitly stated herein or in the Privacy Policy, Event Planner agrees that any Event Planner Content provided in connection with this Site is provided on a non-proprietary and non-confidential basis. Event Planner hereby grants to EVENTup a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute the Event Planner Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Event Planner Content. We may modify or adapt the Event Planner Content in order to transmit, display or distribute such content over computer networks and in various media and/or make changes to the Event Planner Content as necessary to conform and adapt such content to any requirements or limitations of any networks, devices, services or media.
Intellectual Property Infringement.EVENTup respects the intellectual property rights of others, and we ask Event Planners to do the same. EVENTup may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If a user believe that its work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide EVENTup’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit EVENTup to locate the material.
Information reasonably sufficient to permit EVENTup to contact the user as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which such user may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining user is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EVENTup’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
info@eventup.com
or
HR
300 Baker Ave Suite 205, Concord, MA 01742
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-NotificationWe will notify Event Planner that we have removed or disabled access to copyright-protected material that Event Planner provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If Event Planner receives such notice from us, the Event Planner may provide us with a counter-notification in writing to EVENTup’s designated agent that includes all of the following information:
1. The Event Planner’s physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from Event Planner under the penalty of perjury, that Event Planner has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Event Planner’s name, physical address and telephone number, and a statement that Event Planner consents to the jurisdiction of a court for the judicial district in which Event Planner’s physical address is located, or if Event Planner’s physical address is outside of the United States, for any judicial district in which EVENTup may be located, and that Event Planner will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat InfringersEVENTup reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
What Not to DoThe Services may be used and accessed for lawful purposes only. Event Planner agrees that he, she or it will not do any of the following while using or accessing the Services:
· Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Site, or any individual element within the Services, EVENTup’s name, any EVENTup trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EVENTup’s express written consent;
· Access, tamper with, or use non-public areas of the Services, EVENTup’s computer systems, or the technical delivery systems of EVENTup’s providers;
· Attempt to probe, scan, or test the vulnerability of any EVENTup system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EVENTup or any of EVENTup’s providers or any other third party (including a Venue Owner or another Event Planner) to protect the Services or Site Content;
· Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EVENTup or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a EVENTup trademark, logo URL or product name without EVENTup’s express written consent;
· Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these EP Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
· Interfere with, or attempt to interfere with, the access of any Venue Owner, other End Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the Services from Venue Owners or other End Users of the Services without their express permission;
· Impersonate or misrepresent an affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
EVENTup has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EVENTup may involve and cooperate with law enforcement authorities in prosecuting Event Planners who violate these EP Terms. Event Planner acknowledges that EVENTup has no obligation to monitor Event Planner’s access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure compliance with these EP Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. EVENTup reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that EVENTup, at its sole discretion, considers to be objectionable, in violation of these EP Terms or otherwise harmful to the Services.
Termination and Account CancellationIf Event Planner breaches any of these EP Terms, we have the right to suspend or disable Event Planner’s access to or use of the Services. In the event EVENTup terminates Event Planner’s Account for breach of these EP Terms, Event Planner will remain liable for all amounts due hereunder. Subject to these Terms, Event Planner may cancel his, her, or its Account by sending an email to info@EVENTup.com. We require 30 days notice to cancel your subscription. As stated above under the section titled “Changes We Can Make to these EP Terms”, we may change or discontinue all or part of the Services, at any time, without notice, at our sole discretion.
No EndorsementEVENTup does not endorse any Event Planners, Venue Owners or Venues featured on the Site. In addition, we do not attempt to confirm, and do not confirm, any Event Planner’s or Venue Owner’s purported identity. Event Planner is responsible for determining the identity and suitability of others who Event Planner contacts via the Services. EVENTup is not responsible for any damage or harm resulting from Event Planner’s interactions with Venue Owners or other users of the Services. By using the Services, Event Planner agrees that any legal remedy or liability that Event Planner seeks to obtain for actions or omissions of Venue Owners, other users or other third parties will be limited to a claim against such Venue Owner, other users or other third parties who caused Event Planner harm. Event Planner agrees not to attempt to impose liability on or seek any legal remedy from EVENTup.
DisclaimerEVENT PLANNER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, EVENTUP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVENTUP MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET EVENT PLANNER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVENTUP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
EVENT PLANNER IS SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH VENUE OWNERS AND/OR OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM EVENT PLANNER COMMUNICATES OR INTERACTS AS A RESULT OF EVENT PLANNER’S USE OF THE SERVICES.
EVENT PLANNER UNDERSTANDS THAT EVENTUP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY VENUE OWNERS OR OTHER END USERS OF THE SERVICES, NOR DOES EVENTUP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF VENUE OWNERS OR OTHER END USERS OF THE SERVICES. EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF VENUE OWNERS OR OTHER END USERS OF THE SERVICES. EVENT PLANNER AGREES TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH VENUE OWNERS AND OTHER END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM EVENT PLANNER COMMUNICATES OR INTERACTS AS A RESULT OF EVENT PLANNER’SUSE OF THE SERVICES.
Limitation of LiabilityEVENT PLANNER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF EVENT PLANNER’S ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT, AND ANY BOOKINGS OF VENUES VIA THE SERVICES, REMAINS WITH EVENT PLANNER. NEITHER EVENTUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR SITE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE EP TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH VENUE OWNERS OR OTHER END USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM EVENT PLANNER COMMUNICATES OR INTERACTS AS A RESULT OF EVENT PLANNER’S USE OF THE SERVICES, OR THE USE OF A VENUE WHERE A BOOKING WAS MADE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EVENTUP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE EP TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT; (III) THE OFFERING OF ANY VENUE THROUGH THE SERVICES; OR (IV) THE USE OF ANY VENUE BY AN END USER OF THE SERVICES EXCEED THE SERVICE FEES PAID BY THE END USER TO EVENTUP, OR ONE HUNDRED DOLLARS ($100), IF THERE ARE NO SERVICE FEES PAID BY THE END USER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVENTUP AND EVENT PLANNER.
Notwithstanding anything to the contrary herein, if Event Planner has given EVENTup notice of a Dispute under the section called “Dispute Resolution and Arbitration; Class Action Waiver” (below), no change to the “Limitation of Liability” section after EVENTup received Event Planner’s notice will apply to the Dispute.
IndemnityEvent Planner agrees to indemnify and hold harmless EVENTup and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (a) Event Planner’s access to or use of the Services or Site Content or violation of these EP Terms; (b) Event Planner Content; and (c) Event Planner’s interaction with any Venue Owner or user, as applicable, including, but not limited to, (i) any condition caused by events beyond EVENTup’s control that may cause damage to an Venue Owner’s Venue; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Venue, or an Venue Owner’s listing of a Venue via the Services.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects Event Planner’s rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at info@eventup.com or by mail at 300 Baker Ave Suite 205, Concord, MA 01742. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between Event Planner and EVENTup. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. Event Planner has the right to opt-out of this Provision (as explained below), which means Event Planner would retain the right to litigate disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between Event Planner and EVENTup shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, Event Planner may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of Event Planner’s right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “EVENTup” means EVENTup and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between Event Planner and EVENTup regarding any aspect of Event Planner’s relationship with EVENTup, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to Event Planner (such as EVENTup’s licensors, suppliers, dealers or third-party vendors) whenever Event Planner also asserts claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim ResolutionFor all Disputes, whether pursued in court or arbitration, Event Planner must first give EVENTup an opportunity to resolve the Dispute. Event Planner must commence this process by mailing written notification to EVENTup, 300 Baker Ave Suite 205, Concord, MA 01742 . That written notification must include (1) Event Planner’s name, (2) Event Planner’s address, (3) a written description of Event Planner’s Claim, and (4) a description of the specific relief Event Planner seeks. If EVENTup does not resolve the Dispute within 45 days after it receives Event Planner’s written notification, Event Planner may pursue the Dispute in arbitration. Event Planner may pursue the Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt OutNotwithstanding the above, Event Planner or EVENTup may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) EVENT PLANNER OPTS-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT EVENT PLANNER FIRST CONSENTS TO THESE EP TERMS (the “Opt-Out Deadline”). Event Planner may opt out of this Provision by mailing written notification to EventUp,Event Planner may opt out of this Provision by mailing written notification to EventUp, 300 Baker Ave Suite 205, Concord, MA 01742. Event Planner’s written notification must include (1) Event Planner’s name, (2) Event Planner’s address, and (3) a clear statement that Event Planner does not wish to resolve disputes with EVENTup through arbitration. Event Planner decision to opt-out of this Arbitration Provision will have no adverse effect on Event Planner’s relationship with EVENTup. Any opt-out request received after the Opt-Out Deadline will not be valid and Event Planner must pursue the Dispute in arbitration or small claims court.
Arbitration ProceduresIf this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either Event Planner or EVENTup may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – Event Planner or EVENTup may initiate arbitration in either Cook County, Illinois or the federal judicial district that includes Event Planner’s billing address. In the event that Event Planner selects the federal judicial district that includes Event Planner’s billing address, EVENTup may transfer the arbitration to Cook County, Illinois in the event that it agrees to pay any additional fees or costs Event Planner incurs as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – EVENTup will pay all arbitration filing fees and arbitrator’s costs and expenses upon Event Planner’s written request given prior to the commencement of the arbitration. Event Planner is responsible for all additional fees and costs that Event Planner incurs in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if Event Planner provides notice and negotiates in good faith with EVENTup as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that Event Planner is the prevailing party in the arbitration, Event Planner will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action WaiverExcept as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both Event Planner and EVENTup specifically agree to do so following initiation of the arbitration. If Event Planner chooses to pursue the Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to such Event Planner. Neither Event Planner, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury WaiverEvent Planner understands and agrees that by entering into this Agreement Event Planner and EVENTup are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, Event Planner and EVENTup might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that Event Planner would have if Event Planner went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
SeverabilityIf any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
ContinuationThis Provision shall survive the termination of Event Planner’s service with EVENTup or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if EVENTup makes any change to this Provision (other than a change to the Notice Address), Event Planner may reject any such change and require EVENTup to adhere to the language in this Provision if a dispute between the parties arises.
PaymentEVENTup uses Stripe as its third party service provider for payment processing. By using the Services to book Venues or otherwise purchase products or services, Event Planner agrees to be bound by Stripes’ Terms and Conditions and Privacy Policy applicable to such payment processing and hereby consents and authorizes EVENTup and Stripe to share any information and payments instructions provided to such parties and, to the extent required to complete Event Planner’s transactions, with to any third party service provider(s).
STRIPE’S SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE” AND EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING STRIPE’S SERVICES, THE ASSETS OR SERVICES WHICH ARE THE SUBJECT OF A TRANSACTION, THAT STRIPE’S SERVICESWILL MEET THE EVENT PLANNER’S OR VENUE OWNER’S REQUIREMENTS, OR THAT STRIPE’S SERVICESWILL BE UNINTERRUPTED, TIMELY, ERROR FREE, OR SECURE.
GeneralThe Services may include links to other sites and services that are not operated by us. We are providing these links only as a convenience and are not responsible for the content or links displayed on such sites. Event Planner is responsible for and assumes all risk arising from use or reliance of any third party sites.
Event Planner agrees to comply with all laws or regulations relevant to the Site, the Service or the Venues.
Please refer to our Privacy Policy (http://EVENTup.com/privacy/) for information on how we collect, use and disclose information from End Users.
Headings are for reference purposes only and do not limit the scope or extent of such Section. The failure of EVENTup to enforce any right or provision of these EP Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EVENTup. Except as expressly set forth in these EP Terms, the exercise by either party of any of its remedies under these EP Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these EP Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these EP Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these EP Terms, will be in writing and given by EVENTup, as determined by EVENTup in its sole and absolute discretion, (i) via email (in each case to the address that Event Planner provides) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
FeedbackWe welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and Event Planner can submit Feedback by emailing us at info@EVENTup.com. Event Planner grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that Event Planner owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by EVENTup, 715 Peachtree St NE #800 | Atlanta, GA 30308. If Event Planner has a question or complaint regarding the Site or Service, Event Planner contact Customer Service at info@eventup.com. Event Planner may also contact us by writing EVENTup, 300 Baker Ave Suite 205, Concord, MA 01742. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Contacting EVENTupIf Event Planner has any questions about these EP Terms, Event Planner may contact us at info@EVENTup.com.
Venue OwnersPlease read these terms of service carefully (“VO Terms”). These VO Terms, which incorporate our Privacy Policy and other policies posted on the Site (as defined herein), as amended from time to time, establish and govern the relationship between EVENTup, Inc. (“ EVENTup” or “ we” or “ our”) and the Venue Owner, an owner or agent of a venue listed the Site (“Venue Owner”). Our services, technology and Site are hereinafter collectively referred to as the “ Services”. The Services include an online platform through which Venue Owner may list Venues (defined below) and other end users (collectively, “Event Planners”), may learn about Venues.
Agreement to these VO TermsThese VO Terms constitute a legal contract. As such, by accessing, completing registration and utilizing the Site, Venue Owner hereby acknowledges and agrees to be bound by these VO Terms, as updated, from time to time, by EVENTup, govern Venue Owner’s use of www.EVENTup.com as well as all associated sites linked to www.EVENTup.com by EVENTup, its subsidiaries and affiliated companies (collectively, the “Site”) and EVENTup’s online listing platform for event locations (each a “Venue” and collectively, “Venues”) and related services available via the Site. If Venue Owner does not agree to be bound by all of these VO Terms, Venue Owner shall not access or utilize the services provided by the Site. If Venue Owner agrees to these Terms on behalf of a company or other legal entity, Venue Owner represents and warrants that Venue Owner has the authority to bind that company or other legal entity. Notwithstanding any such agency relationship, Venue Owner agrees to be bound by these VO Terms, personally, as well. At some point, different areas of the Services and Venue Owner’s access to or use of certain Services or Content (defined below) may have different terms and conditions or may require Venue Owner to agree with and accept additional terms and conditions. If there is a conflict between these VO Terms and the terms posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to Venue Owner’s use of or access to that area of the Services or Site Content.
Venue Owner understands and agrees that the Services bring Venue Owners and Event Planners together; however, EVENTup is not a party to any agreements entered into between Venue Owners and Event Planners, nor is EVENTup a real estate broker or agent. As a result, EVENTup has no control over the conduct of Event Planners or Venue Owners. EVENTup has no control over the terms of any proposal generated by the Services or the Site, and the mere fact that Services allow Venue Owners to generate proposals with EVENTup’s name and trademark listed on them shall in no way be interpreted as EVENTup offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such proposal. EVENTup expressly disclaims all liability in this regard.
Changes to VO TermsEVENTup, may, in its sole discretion, modify these VO Terms, at any time and without prior notice. If we do so we will let Venue Owner know either by posting the modified VO Terms on the Site or through other communications. It’s important that Venue Owner review the modified VO Terms whenever we revise them because Venue Owner’s continued use of the Site shall constitute Venue Owner’s agreement to be bound by the modified VO Terms. Venue Owner’s continued use will be governed by the modified VO Terms, as well. Because our Services are evolving, if the revised Terms are not acceptable to Venue Owner, Venue Owner must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to Venue Owner, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to Venue Owner.
Eligibility and Account RegistrationIf Venue Owner would like to use our Services to list a Venue, Venue Owner must first register to create an account with EVENTup (“Account”). The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, Venue Owner represents and warrants that Venue Owner is 18 or older.
When creating an Account, Venue Owner will be required to provide certain information and Venue Owner will establish a username and a password. Venue Owner agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Venue Owner can register directly through the Site or a social networking service we support (“SNS”). By using Venue Owner’s SNS account, Venue Owner is allowing EVENTup to access Venue Owner’s SNS account information and Venue Owner is agreeing to abide by the applicable terms and conditions of Venue Owner’s SNS in Venue Owner’s use of the Services via such SNS. We reserve the right to suspend or terminate Venue Owner’s Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that Venue Owner creates through the Services that violates these VO Terms. Venue Owner is responsible for maintaining the confidentiality of Venue Owner’s password and Account, and agree to notify us if Venue Owner’s password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. Venue Owner is responsible for activities that occur under Venue Owner’s Account.
Content on the SiteFor the purposes of these VO Terms:
“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“EVENTup Content” means all Content that EVENTup makes available through the Services, including any Content licensed from a third party, but excluding Event Planner Content and Venue Owner Content.
“Event Planner Content” means all Content that an Event Planner posts, uploads, publishes, submits or transmits to be made available through the Services.
“Site Content” means End User Content, Venue Owner Content and EVENTup Content.
“Venue Owner Content” means all Content that a Venue Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, availability, pricing, features, and any all other information or Content related to Venues..
Subject to Venue Owner’s compliance with the terms and conditions of these VO Terms, EVENTup grants Venue Owner a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any EVENTup Content solely for Venue Owner’s personal and non-commercial purposes or internal business purposes. Subject to Venue Owner’s compliance with these VO Terms, EVENTup grants Venue Owner a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any End User Content solely for Venue Owner’s personal and internal business purposes.
Venue Owner acknowledges and agrees not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these VO Terms. No licenses or rights are granted to Venue Owner by implication or otherwise under any intellectual property rights owned or controlled by EVENTup or its licensors, except for the licenses and rights expressly granted in these VO Terms. Venue Owner agrees that Venue Owner has no right to, or title in or to, any Site Content (except for the Venue Owner Content provided) or any other attributes associated with Venue Owner’s Account.
Venue Owner agrees that Venue Owner is are solely responsible for all Venue Owner Content. Venue Owner represents and warrants that: (a) Venue Owner owns the Venue Owner Content that Venue Owner provides through the Services, and (b) Venue Owner has all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to EVENTup the rights in the Venue Owner Content provided via the Services. Venue Owner also represents and warrants that Venue Owner Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Unless otherwise explicitly stated herein or in the Privacy Policy, Venue Owner agrees that any Venue Owner Content provided in connection with this Site is provided on a non-proprietary and non-confidential basis. Venue Owner hereby grants to EVENTup a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute the Venue Owner Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Venue Owner Content. We may modify or adapt the Venue Owner Content in order to transmit, display or distribute such content over computer networks and in various media and/or make changes to the Venue Owner Content as necessary to conform and adapt such content to any requirements or limitations of any networks, devices, services or media.
Intellectual Property Infringement.EVENTup respects the intellectual property rights of others, and we ask Venue Owners to do the same. EVENTup may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If a user believes that its work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide EVENTup’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit EVENTup to locate the material.
Information reasonably sufficient to permit EVENTup to contact the user as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining user may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining user is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EVENTup’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
info@eventup.com
or
HR
300 Baker Ave Suite 205, Concord, MA 01742
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-NotificationWe will notify Venue Owner that we have removed or disabled access to copyright-protected material that Venue Owner provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If Venue Owner receives such notice from us, the Venue Owner may provide us with a counter-notification in writing to EVENTup’s designated agent that includes all of the following information:
1. The Venue Owner’s physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from Venue Owner under the penalty of perjury, that Venue Owner has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Venue Owner’s name, physical address and telephone number, and a statement that Venue Owner consents to the jurisdiction of a court for the judicial district in which Venue Owner’s physical address is located, or if Venue Owner’s physical address is outside of the United States, for any judicial district in which EVENTup may be located, and that Venue Owner will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat InfringersEVENTup reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
What Not to DoThe Services may be used and accessed for lawful purposes only. Venue Owner agrees that Venue Owner will not do any of the following while using or accessing the Services:
· Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Site, or any individual element within the Services, EVENTup’s name, any EVENTup trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EVENTup’s express written consent;
· Access, tamper with, or use non-public areas of the Services, EVENTup’s computer systems, or the technical delivery systems of EVENTup’s providers;
· Attempt to probe, scan, or test the vulnerability of any EVENTup system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EVENTup or any of EVENTup’s providers or any other third party (including another Venue Owner or an Event Planner) to protect the Services or Site Content;
· Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EVENTup or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a EVENTup trademark, logo URL or product name without EVENTup’s express written consent;
· Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these VO Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
· Interfere with, or attempt to interfere with, the access of any other Venue Owner, End Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the Services from other Venue Owners or End Users of the Services without their express permission;
· Impersonate or misrepresent an affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
EVENTup has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EVENTup may involve and cooperate with law enforcement authorities in prosecuting Venue Owners or Event Planners who violate these VO Terms. Venue Owner acknowledges that EVENTup has no obligation to monitor Venue Owner’s access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure Venue Owner’s compliance with these VO Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. EVENTup reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that EVENTup, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Termination and Account CancellationIf Venue Owner breaches any of these VO Terms, we have the right to suspend or disable Venue Owner’s access to or use of the Services. In the event EVENTup terminates Venue Owner’s Account for breach of these VO Terms, Venue Owner will remain liable for all amounts due hereunder. Subject to these VO Terms, Venue Owner may cancel his, her, or its Account at any time by sending an email to info@EVENTup.com. We require 30 days notice to cancel your subscription. As stated above under the section titled “Changes We Can Make to these VO Terms”, we may change or discontinue all or part of the Services, at any time, without notice, at our sole discretion.
No EndorsementEVENTup does not endorse any Event Planners, Venue Owners or Venues featured on the Site. In addition, we do not attempt to confirm, and do not confirm, any Event Planner’s or Venue Owner’s purported identity. Venue Owner is responsible for determining the identity and suitability of others who Venue Owner contacts via the Services. EVENTup is not responsible for any damage or harm resulting from Venue Owner’s interactions with other Venue Owners or Event Planners that use the Services. By using the Services, Venue Owner agrees that any legal remedy or liability that Venue Owner seek to obtain for actions or omissions of other Venue Owners, Event Planners or other third parties will be limited to a claim against such Venue Owner, Event Planners or other third parties who caused Venue Owner harm. Venue Owner agrees not to attempt to impose liability on or seek any legal remedy from EVENTup.
DisclaimerVENUE OWNER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, EVENTUP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVENTUP MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET VENUE OWNER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVENTUP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
VENUE OWNER IS SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER VENUE OWNERS, EVENT PLANNERS, AND OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM VENUE OWNER COMMUNICATES OR INTERACTS AS A RESULT OF VENUE OWNER’S USE OF THE SERVICES.
VENUE OWNER UNDERSTANDS THAT EVENTUP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY OTHER VENUE OWNERS, EVENT PLANNERS, OR OTHER USERS OF THE SERVICES, NOR DOES EVENTUP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER VENUE OWNERS, EVENT PLANNERS, OR OTHER USERS OF THE SERVICES. EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER VENUE OWNERS OR END USERS OF THE SERVICES. VENUE OWNER AGREES TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER VENUE OWNERS, EVENT PLANNERS, AND OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM VENUE OWNER COMMUNICATES OR INTERACTS AS A RESULT OF VENUE OWNER’S USE OF THE SERVICES.
Limitation of LiabilityVENUE OWNER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF VENUE OWNER’S ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT, AND ANY BOOKINGS OF VENUES VIA THE SERVICES, REMAINS WITH VENUE OWNER. NEITHER EVENTUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR SITE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE VO TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER VENUE OWNERS OR END USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM VENUE OWNER COMMUNICATES OR INTERACT AS A RESULT OF VENUE OWNER’S USE OF THE SERVICES, OR THE USE OF A VENUE WHERE A BOOKING WAS MADE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EVENTUP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT; (III) THE OFFERING OF ANY VENUE THROUGH THE SERVICES; OR (IV) THE USE OF ANY VENUE BY AN END USER OF THE SERVICES EXCEED THE SERVICE FEES PAID BY THE VENUE OWNER TO EVENTUP, OR ONE HUNDRED DOLLARS ($100), IF THERE ARE NO SERVICE FEES PAID BY THE VENUE OWNER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVENTUP AND VENUE OWNER.
Notwithstanding anything to the contrary herein, if Venue Owner has given EVENTup notice of a Dispute under the section called “How Disputes Will Be Handled” (below), no change to the “Limitation of Liability” section after EVENTup received Venue Owner’s notice will apply to the Dispute.
IndemnityVenue Owner agrees to indemnify and hold harmless EVENTup and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (a) Venue Owner’s access to or use of the Services or Site Content or violation of these VO Terms; (b) Venue Owner Content; and (c) Venue Owner’s interaction with any other Venue Owner or Event Planner, as applicable, including, but not limited to, (i) any condition caused by events beyond EVENTup’s control that may cause damage to an Venue Owner’s Venue; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Venue, or a Venue Owner’s listing of a Venue via the Services.
How Disputes Will Be HandledThese VO Terms and any disputes related to them or to Venue Owner’s use of the Services will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these VO Terms or to the transactions contemplated by these VO Terms.
The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“ IP Disputes”) will be the state and federal courts located in Cook County, Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Venue Owner and EVENTup agree that any dispute, claim or controversy arising out of or relating to these VO Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “ Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. VENUE OWNER ACKNOWLEDGES AND AGREES THAT VENUE OWNER AND EVENTUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both Venue Owner and EVENTup otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these VO Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “ AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Venue Owner’s responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
PaymentEVENTup uses Stripe as its third party service provider for payment processing. By using the Services to lease Venues or otherwise buying or selling products or services, Venue Owner agrees to be bound by Stripe’s Terms and Conditions and Privacy Policy applicable to such payment processing and hereby consents and authorizes EVENTup and Stripe to share any information and payments instructions Venue Owner provides to such parties and, to the extent required to complete transactions, with any third party service provider(s).
STRIPE’S SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE” AND EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING STRIPE’S SERVICES, THE ASSETS OR SERVICES WHICH ARE THE SUBJECT OF A TRANSACTION, THAT STRIPE’S SERVICES WILL MEET THE EVENT PLANNER’S OR VENUE OWNER’S REQUIREMENTS, OR THAT STRIPE’S SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR FREE, OR SECURE.
GeneralThe Services may include links to other sites and services that are not operated by us. We are providing these links only as a convenience and are not responsible for the content or links displayed on such sites. Venue Owner is responsible for and assumes all risk arising from use or reliance of any third party sites.
Venue Owner agrees to comply with all laws or regulations relevant to the Site, the Service or the Venues.
Please refer to our Privacy Policy (http://EVENTup.com/privacy/) for information on how we collect, use and disclose information from users.
Headings are for reference purposes only and do not limit the scope or extent of such Section. The failure of EVENTup to enforce any right or provision of these VO Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EVENTup. Except as expressly set forth in these VO Terms, the exercise by either party of any of its remedies under these VO Terms will be without prejudice to its other remedies under these VO Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by EVENTup, as determined by EVENTup in its sole and absolute discretion, (i) via email (in each case to the address that Venue Owner provides) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
FeedbackWe welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and Venue Owner can submit Feedback by emailing us at info@EVENTup.com. Venue Owner grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that Venue Owner owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Contacting EVENTup
If Venue Owner has any questions about these VO Terms, Venue Owner may contact us as info@EVENTup.com.
