1. SERVICES. The Eventable Platform provides online services that make sharing Events easy. When we refer to Events we mean concerts, conferences, lectures, speaker series, sporting events, ticket sales, television broadcasting, retail sales/promotions, group meetings, and other types of content or data, for commercial or private use, that can be expressed with a time period and be displayed on a calendar platform. The Eventable Platform is designed to maximize distribution of Publisher Content, make it easy for End Users to add your Events to their personal calendars, and provide you insight into End Users who share your Publisher Content.
2. PUBLISHER ACCOUNTS. If you are a Publisher and want to receive reports or other customized Services that are related to your Publisher Site(s), we may require that you create an Account. You can create an Account by following the registration instructions provided on the Site. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, and you will keep that information true, accurate, and up-to-date. If you have requested a fee-bearing Service, you agree also to provide payment information. Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service. You are responsible for all activities occurring under Your Account, including payment of applicable fees, and you may not authorize anyone else's use. You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may not use your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
For paid versions of Eventable and other paid services made available through Eventable ("Paid Services"), you must provide Eventable with a valid credit card to pay for such services. In addition, you agree that Eventable has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Eventable retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Eventable does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel or downgrade your account to an Eventable Free account, you authorize Eventable to continue billing your credit card and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
If you are purchasing any Paid Services on a subscription basis, you can choose to purchase on a monthly or yearly subscription and your subscription will renew automatically. Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such services) and are non-refundable for the subscription period they are purchased for. You agree that Eventable may process your credit card on each monthly, annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription. If your paid subscription to Eventable Pro or other Paid Services began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), Eventable will process your payment on the last day of such month. You may elect to cancel or downgrade your Eventable Paid account at any time by sending a notice to email@example.com. If you subscribed to a monthly plan, your Eventable account will be immediately downgraded to an Eventable Free account, but no credit will be issued for any prepaid fees for your Eventable Paid account.
3. EVENTS. Publishers are responsible for any Events on the Publisher Site and End Users are responsible for any Events they have added to their calendar. You agree that any Events for which you are responsible will not:
As a Publisher, you can enter your Event information using the Publisher Site ("Publisher Events") and then get a link or download code from the Site that allows End Users to add your Event to their personal calendar platforms. This “add to calendar” button, which enables anyone to add Publisher Events to their personal calendar platform and receive future Event updates, is designed to maximize distribution of Publisher Events, drive awareness and attendance (whether online or offline) to Publisher Events, and provide Publishers insight into End Users who add Publisher Events to their calendar. When you enter Events into the Publisher Site, you authorize us to use, reproduce, distribute, publicly display and publicly perform the Publisher Events to the extent necessary or desired for us to provide the Services. If you are an End User, you similarly, authorize us to use, reproduce, distribute, publicly display and publicly perform the Content you provide or submit by using the Service.
4. GENERAL RULES OF CONDUCT. It is our goal to make the use of our Site and Services a good experience for all of our Publishers and Users. With this in mind, we have formulated these rules of conduct. You agree not to, nor allow anyone accessing your Account or the Site or Services to:
6. OUR TRADEMARKS. EVENTABLE is a registered trademark in the United States. Other Eventable graphics, logos, designs, page headers, button icons, and toolbars appearing on the Site or the Services may be trademarks in the United States and other countries (collectively, with the registered trademarks, the "Eventable Marks"). All other logos and trademarks are trademarks of their respective owners. You are not authorized to use any Eventable Marks without the prior written permission of Eventable. Ownership of all Eventable Marks and the goodwill associated therewith remains with us. We hereby grant Publishers a non-exclusive right and license to display any Eventable Marks but solely as incorporated into, and subject to the restrictions of use associated with, the code and Eventable Buttons licensed in Section 5. Except for this limited license granted to Publishers, you are not authorized to use any Eventable Marks.
7. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services, (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. INTERACTIVE FORUMS. The Site may contain forums that allow our Publishers and other registered users to interact with us and each other ("Forums"). You are solely responsible for any Content you post to a Forum and the provisions of Sections 3 and 4 apply. We reserve the right, but do not undertake the obligation, to alter, edit, refuse to post or remove a post on the Forums if it does not meet the standards established in this Agreement or for any other reason we deem appropriate. We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities of other users on the Site. You agree that (i) we are not in any manner responsible for the Content, (ii) we do not guarantee the accuracy, integrity or quality of the Content, and (iii) we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Site or Forums. You retain the copyright in any Content that you post in the Forums, and by posting any Content in the Forums, you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
11. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Publisher Site, you do so on your own initiative and are responsible for compliance with local laws.
13. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
14. TERMINATION. You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time. You agree that we shall not be liable to You or any third party for termination of your access to the Site and Services. In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide You such Services.
15. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at Copyright Agent at: DMCA Claims, Eventable, Inc., 415 Madison Ave. 4th Floor New York, NY 10017. Please note that, pursuant to 17 U.S.C., section 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by Eventable in connection with the written notification and allegation of copyright infringement.
16. DISCLAIMERS. THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVENTABLE, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. EVENTABLE, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
17. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL EVENTABLE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE EVENTABLE PLATFORM, OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EVENTABLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.