Terms and Conditions
Eventcombo’s Terms and Conditions
These Terms and Conditions govern your use of the Eventcombo software, which allows you to register, explore and interact with us, event participants and event organizers before, during and after the event (the “Service”). By using the Service, you expressly acknowledge and agree that you are entering into a legal agreement and have understood and agree to comply with, and be legally bound by these Terms and Conditions (“Agreement”). If you do not agree to be bound by this Agreement, please do not use the Service.
1. Ability to Acknowledge and Accept
You represent and warrant that you are of legal age in your jurisdiction and otherwise competent to enter into this Agreement and, if you are entering into this Agreement on behalf of an entity, you are authorized to enter into this Agreement on behalf of such entity.
2. Right to Use
By using the Service, you are given the right to a personal, non-exclusive, non-assignable, non-transferable license to use the Service in connection with events you participate in on a mobile, tablet, computer or device (“Device”).
3. Restrictions
You agree,
- not to permit any third party to license, redistribute, sell, lease, lend or rent the Service.
- not to disassemble, reverse engineer, decompile or decrypt or attempt to derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any documentation or data related to the Service.
- not to copy, modify, improve or create derivative works or features or a competitive product to the Service or any part thereof.
- not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service.
- not to remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service.
- not to use any communications systems provided by the Service to send unauthorized and/or unsolicited commercial communications.
- not to use the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement.
4. Account
In order to use some of the Service you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account access secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of creating an Account, joining an event or registering for an event or use of the Service, including but not limited to, name, email address, phone number, physical address, and employer, may be provided to and maintained by us, whether or not you complete the registration process.
5. Location Data
Certain features (“Features”) of the Service may collect or be dependent on data related to geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us.
6. Your Content
You confirm that the content you upload, import, copy, display, transmit and/or otherwise use while interacting with the Service, including any designs, images, animations, videos, audio, fonts, logos, artwork, interfaces, usernames, or any other information (“Your Content”) does not infringe upon any third-party rights, including any intellectual property and privacy rights.
7. Third Party Sources and Content
- The Service enables you to view, access, link, interact with and otherwise use third party content that are not owned or controlled by Eventcombo (“Third Party Content”).
- We are not responsible for and disclaim all warranties regarding the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights of, or relating to, any Third Party Content. Your interaction with and reliance upon any Third Party Content is at your discretion.
- We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a third party source and are not responsible or liable to you in connection with Third Party Content.
8. Communications
The Service may permit you to send communications, including email, to us or to other Service users (“Communications”). You are solely responsible for your Communications and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Communications. You grant us a worldwide right to use, store, and reproduce your Communications for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third party service providers to facilitate the sending of Communications to your designated recipients). You represent and warrant that your Communications will not be infringing on any third party right, including Intellectual Property or privacy rights. You retain all ownership rights in your Communications. You acknowledge and agree that provisions of Section 9 shall also apply to Communications.
9. Submissions
- The Service may permit hosting, sharing, posting and publishing of Your Content (“Submissions“). You understand that Submissions may be publicly available. You shall be solely responsible for Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, and/or delete any Submissions at any time which we believe to be in violation of any of our policies.
- Subject to this Agreement and terms of our Privacy Policy, by utilizing Submissions, you hereby grant us a right to worldwide, irrevocable, non-exclusive, royalty-free, perpetual right to use, reproduce, distribute, prepare derivative works of, display and perform the Submissions only in connection with the Service, including without limitation for redistributing part or all of your Submissions (and derivative works thereof), and you hereby waive any moral rights in your Submissions, to the extent permitted by law.
- You understand and acknowledge that when accessing and using the Service: you will be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us in this respect.
- We reserve the right to access, read, preserve and disclose any Submission or any other information that we obtain in connection with the Service as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process, subpoena or governmental request.
- enforce this Agreement, including investigation of potential violations of it.
- detect, prevent or otherwise address fraud, security or technical issues.
- respond to user support requests.
- protect the rights, property or safety of our users or the public.
- You agree that you will not send, display, post, submit, publish or transmit a Submission that:
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- is unfair or deceptive under the consumer protection laws of any jurisdiction.
- is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights.
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
- impersonates another person.
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking.
- is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent.
- involves theft or terrorism.
- constitutes an unauthorized commercial communication.
- contains contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information.
10. Add-Ons
- It is our policy to respect legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Please be advised that we enforce a policy that provides termination in appropriate circumstances of Service for users who are repeated infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in accordance with the DMCA:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
- Description of copyrighted work you claim to be infringed.
- Description of where material you claim is infringing is located on the Service with URLs.
- Your address, telephone number and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and that you are making the statement under penalty of perjury and your submitted information is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
- If you believe the material you posted was removed from the Service by mistake, and you have the right to post the material, you may elect to send us an email with an explanation. The communication must include the following requirements:
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person. Your digital or physical signature.
- 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 was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
11. Intellectual Property Rights
Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest, or any intellectual property rights relating thereto, in the Services or any related content.
Intellectual Property Rights mean all rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law thereof, the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, tradenames and other proprietary identifiers, whether or not registered and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
12. Payments
If you wish to purchase tickets through the Service (a “Transaction”), you will be asked to provide information including but not limited to payment/credit card information. You agree all information that you provide in connection with the Transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process any Transaction. You agree to pay all charges incurred by you at prices and taxes then in effect. You acknowledge that complying with your local or geographic-relevant laws where the event is taking place is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution for any legal reason. You agree that you will only use credit cards and/or payment accounts belonging to you or such other party who expressly authorize such use, for the purpose of conducting Transactions.
13. Privacy
We will use any personal information we collect or obtain in connection with the Service and you agree to allow us to do so when using the Service. You are solely responsible for maintaining the security of your Device(s), which you are using the Service on, from any unauthorized access.
14. Warranty Disclaimers
- Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
- You agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers. We do not warrant that the Service will operate error-free, or without disruption.
- If you have a dispute with any other service user, you agree that we are not liable for any claims or damages arising out of or connected with such a dispute. We reserve the right but have no obligation, to monitor any such dispute.
- The Service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of usage of trade.
15. Limitation of Liability
- Under no circumstances shall we be liable for any special, indirect, incidental, punitive or consequential damages, or for any loss of data, revenue, business or reputation, or for the cost of substitute goods or services, that arises under or in connection with this agreement, or that results from the use of, or the inability to use, the Service even if you have been advised of the possibility of such damages.
- Withstanding that we remain non-liable, in any instance, our total aggregate liability for any/all damages and losses that arise under or in connection with this agreement, or that result from your use of or inability to use the Service, shall not in any circumstance exceed the total amount of fees paid by you for the Service/Transaction.
16. Indemnity
You agree to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
- your use of, or inability to use, the Service, including but not limited to Submissions or Communications
- your violation of this Agreement
- your violation of any third party right, including without limitation any Intellectual Property Right or privacy right.
You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
17. Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.
18. Modification
We reserve the right to modify this Agreement at any time by sending you a notification or publishing the revised Agreement on the Service. Such change will be effective immediately and your continued use of the Service thereafter means that you accept those changes.
19. Term and Termination
- This Agreement is effective until terminated by us or you. We reserve the right, at any time to:
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- discontinue or modify any aspect of the Service; and/or
- terminate this Agreement and your use of the Service with or without cause and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
- upon termination of this Agreement, you shall cease all use of the Service. Any and all Sections related to General, Intellectual Property Rights, Privacy, Warranty, Limitation of Liability, Indemnity, Governing Law and Disputes shall survive termination of this Agreement.
20. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware, United States, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
21. General
This Agreement, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any cause of action arising out of or related to this agreement must commence within six (6) months after the cause of action was identified. Any cause of action beyond six (6) months will be invalid.