General Terms and Conditions

General Terms and Conditions

Welcome to Eventective. These General Terms and Conditions (as amended by Eventective from time to time, the "General Terms") govern your use of www.eventective.com (including all domains and sub-domains thereunder, the "Website") and any services provided or received thereby.  The Website provides a searchable listing  for (a) businesses ("Providers") to post available event venues and event-related services, (b) event planners ("Planners", and together with Providers, "Participants") to search for, and contact, Providers and (c) Eventective to offer various services to Participants from time to time.
ACCEPTANCE
By clicking ['Submit'], you shall be deemed to have accepted these General Terms in their entirety.  Read these General Terms carefully since they describe the terms and conditions under which Eventective makes the Website available to you.  If you do not accept these General Terms, or if you breach these General Terms, you may not use the Website.  In this document, "you" means the person or company using the Website; "Eventective" means Eventective, Inc. and its affiliates. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website.   
ADDITIONAL SERVICES
In addition to those features of the Website that Eventective makes available, free of charge, to users generally, you may also register to use certain additional features ("Eventective Services") that Eventective makes available to registered Participants.  As a condition to accessing or using Eventective Services, Eventective may require that you agree to certain additional terms and conditions ("Service Terms"), which Service Terms are hereby incorporated into these General Terms by reference.  Eventective may charge you a fee to use Eventective Services.
RIGHT TO MODIFY OR DISCONTINUE INFORMATION AND ACCESS
Eventective reserves the right, at any time and from time to time, to monitor your use of the Website, as well the right to remove or refuse to post any information for any reason. You agree that Eventective shall not be liable to you or to any third party for any (a) removal of, or refusal to post, any information from or to the Website or (b) modification, suspension, discontinuation or termination of the Website or your access thereto.  Eventective reserves the right to terminate or suspend your access to all or any portion of the Website, without notice, if it believes that your use of the Website may (i) violate applicable law or these General Terms or (ii) harm Eventective's interests or the interests, including intellectual property or other rights, of another person or entity. 
CONDUIT FOR INFORMATION; RELEASE
You acknowledge and agree that, although Eventective maintains the Website, Eventective does not (a) control any transactions between you and any other Participant that might result from your use of the Website, (b) have any obligation to review or otherwise evaluate information that Participants post or submit, (c) endorse any Providers or warrant the quality, affordability, legality, utility or safety of any of their venues or services, or (d) warrant the willingness or ability of any Planners to contract, or pay, for venues or services.  The Website merely serves as a conduit for information provided by Participants and, accordingly, you shall be solely responsible for any information that you post, or cause to be posted, on the Website. Accordingly, if you have a dispute with one or more Participants, you hereby release Eventective (and its officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Links to other websites from the Website are provided solely for your convenience. Eventective does not endorse, and hereby disclaims any representations or warranties regarding, the content of any other websites including without limitation any information, products or services provided through such other websites. If you access any of the third party websites linked to the Website, you do so entirely at your own risk.
RESTRICTIONS
You may not:

  • Post to, or transmit from, the Website any false, misleading, unlawful, threatening, harassing, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law;
  • Upload materials that, if posted, could infringe any third party's rights, including but not limited to rights in intellectual property, publicity or privacy;
  • Upload materials that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Copy, reproduce, alter, modify, create derivative works of, or publicly display, any content (except for information that you provide, and then only in the form that you provided it) from the Website, or use any robot, spider, other automatic device, or manual process to effectuate the foregoing or to monitor the Website; (b) use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any activities conducted thereon or (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • Restrict or inhibit any other user from transmitting or posting on the Website;
  • Use the Website to collect information about others, including e-mail addresses; or violate the security features of the Website, such as by (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

LICENSE TO EVENTECTIVE
You hereby grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right, subject to compliance with the Privacy Policy, to exercise all copyright and publicity rights with respect to all information that you post or cause to be posted on the Website, including any information that you provide through the Event Agent (as defined below).
EVENTECTIVE INTELLECTUAL PROPERTY
You agree that, except as expressly authorized by Eventective, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of, or access to, any portion of the Website. You further acknowledge and agree that third parties may own or possess intellectual property rights in content submitted by other Participants. Except as expressly authorized by Eventective, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on, any information contained on the Website, in whole or in part. 
INTERNET ACCESS
You are responsible for obtaining and maintaining (a) access to the Website and paying any third party fees (such as Internet service provider or airtime charges) that you incur in connection therewith and (b) all equipment necessary to access to the Website.
SEARCH TOOL
If you initiate a search on the Website for event rooms, meeting spaces or services, Eventective's search tool (the "Event Agent") will return results which contain matching venues or services. You acknowledge and agree that Eventective (a) shall bear no responsibility for the accuracy or completeness of any information returned in the search results and (b) may transfer any or all of the information that you enter into the Event Agent to third parties, in accordance with the terms of its Privacy Policy, which is incorporated these General Terms by reference. After you receive search results, you may contact the listed Providers directly if you wish.
PRIVACY
If you register with Eventective, you may be required to provide Eventective with personal information such as your name, address, e-mail address, gender, birth date, member name and password, household income, education, marital status and employment status. You agree to provide true, accurate, current and complete information when registering with the Website.  It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or out of date, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or out of date, we reserve the right to suspend or terminate your access to the Website (and any related account) without notice and to refuse any and all current and future use of this site. You are responsible for all uses of your registration, whether or not authorized by you, as you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Eventective password. Notwithstanding any provision of the Privacy Policy to the contrary, you hereby grant Eventective, and all other persons or entities involved in the operation of the Website, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. To the maximum extent permitted by law, Eventective cannot, and hereby disclaims, any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website.
DISCLAIMER OF WARRANTIES, LIMTATION OF LIABILITY BY EVENTECTIVE
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, IS AT YOUR SOLE RISK. EVENTECTIVE (A) MAKES THE WEBSITE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EVENTECTIVE MAKES NO WARRANTY (A) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR RECEIVE ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND EVENTECTIVE, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR.  IN NO EVENT SHALL EVENTECTIVE, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTECTIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT EVENTECTIVE WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE WEBSITE ABSENT SUCH LIMITATION.
INDEMNIFICATION
You agree to defend, indemnify, and hold Eventective, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your use or misuse of the Website, any violation of these General Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
APPLICABLE LAW; VENUE
These General Terms are governed by the substantive laws of the State of Maine, without respect to its conflict of laws principles. You agree that exclusive jurisdiction for any dispute with Eventective, or in any way relating to your use of the Website, resides in the federal or state courts sitting in the State of Maine, and hereby consent to the exercise of personal jurisdiction and venue in such courts in connection with any such dispute. 
REMEDIES
In addition to its rights under applicable law, if Eventective determines, in its sole discretion, that you have breached any provision of these General Terms, or have otherwise demonstrated inappropriate conduct, Eventective reserves the right to immediately take any or all of the following actions without any notice or warning to you to (i) delete any or all content provided by you, or anyone acting under your member name, to Eventective; (ii) discontinue your registration(s) with Eventective; (iii) discontinue your subscription to any content and/or product or service purchased through the Website; (iv) notify or send content to and/or fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which Eventective deems to be appropriate.  Upon the discontinuation of your ability to access the Website by Eventective, you agree that you shall not attempt to re-register with, or access, the Website or use any Website content or any other product or service provided by Eventective, whether through use of a different member name or otherwise.
NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT
If you believe that material or content published on the Website may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to: Paul Hertlein, Eventective, Inc., 10 Plaza Drive, Suite 105, Scarborough, ME 04074, email: phertlein@eventective.com
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know to be a child under the age of 13.
MISCELLANEOUS
The failure of Eventective to insist upon or enforce strict performance by you of any provision of these General Terms or to exercise any right under the General Terms will not be construed as a waiver or relinquishment of Eventective's right to assert or rely upon any such provision or right in any instance. Eventective may assign its rights and obligations under these General Terms and upon such assignment Eventective may be relieved of any further obligation hereunder.  You are not permitted to assign your rights and obligations hereunder. These General Terms and the Eventective Privacy Policy constitute the entire agreement between you and Eventective with respect to the use of the Website.  Eventective may modify these General Terms at any time without liability. Your continued use and access of the Website following notice that these General Terms have changed constitutes your acceptance of the new General Terms. Eventective may reject or remove any listing for any or no reason. Eventective may modify, suspend, discontinue or terminate the Website (or any part thereof), with or without notice, for any reason. If any provision of these General Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these General Terms, which shall remain in full force and effect.  You and Eventective are independent contractors and neither your use of the Website, nor Eventective Services, shall be deemed to create any agency, partnership, joint venture or employee-employer relationship. All notices required or permitted to be given under these General Terms shall be deemed delivered (a) in the case of notice to you, upon prominently posting by Eventective of such notice on the Website and/or sending written notice to you at any e-mail and/or post office address you have provided to Eventective and (b) in the case of notice to Eventective, upon receipt by Eventective of an e-mail submitted through the 'Contact Us' link on the Contact Us page or if delivered personally or mailed first-class, postage pre-paid, by registered or certified mail (notices mailed shall be deemed to have been given ten (10) business days after mailing) to Eventective, Inc., 10 Plaza Drive, Suite 105, Scarborough, ME 04074. Eventective reserves the right to terminate free access to the Website and once free access is terminated, Eventective may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Website and/or any for-pay content, services, products, etc.