Terms and Conditions for Venues/Vendors

Terms and Conditions for Venues/Vendors

By registering with Eventective.com as a 'Provider', you may further elect to participate in certain Eventective Services ("Programs").  By clicking 'Submit', you shall be deemed to have accepted these Provider Terms and Conditions (as amended by Eventective, from time to time, the "Provider Terms") AND the General Terms and Conditions (the "General Terms"), in their respective entireties. These Provider Terms are hereby incorporated into, and made a part of, the General Terms.  Please review the General Terms and these Provider Terms carefully.  Capitalized terms used in these Provider Terms, but not defined, shall have the meanings ascribed thereto in the General Terms. 

PAID SERVICES
Although Eventective does not charge a fee to register as a Provider, as a registered Provider, you may have the option to participate in certain Programs for which Eventective charges a fee.  Eventective shall provide you an opportunity to review and accept any applicable fees before you agree to participate in a paid Program. Eventective may condition your right to participate in any Program upon your acceptance of additional terms and conditions.  Eventective may modify any of its Programs (including applicable fees) or these Provider Terms at any time without liability.  Eventective shall notify you of changes to these Provider Terms or the General Terms. Your continued participation in the Program after notice that these Provider Terms have changed constitutes your acceptance of the new Provider Terms. Eventective may reject or remove any listing for any or no reason.
PROVIDER ACCOUNT MAINTENANCE
Your may not transfer your Eventective account (including Feedback) or User Id to another party. By registering as a Provider, you represent and warrant to Eventective that you have all necessary right, power and authority to bind yourself, or the business entity on who's behalf  you accept these Provider Terms, to these Provider Terms and the General Terms.  You may use the Website only if you (a) have all necessary right and authority to sell the item(s) or service(s) you purport to sell on the Website, and (b) completely and accurately describe your business on the business profile page of the Website. Eventective reserves the right, at any time and from time to time, to monitor your use of the Website to determine compliance with these Provider Terms, as well the right to remove or refuse to post any information for any reason.
FEEDBACK
Eventective permits Participants to post feedback ("Feedback") to the Website concerning Providers. You acknowledge and agree that Eventective has no obligation to monitor Feedback or to otherwise ensure the accuracy or fairness of any Feedback.  Accordingly, 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 Feedback that concerns you. You shall not (a) manipulate any Feedback that relates to you or any other Participant, (b) take any action that may undermine the integrity of the Feedback system or (c) market or export your Feedback in any venue other than an Eventective operated website.
PROVIDER BREACH
If you breach the General Terms or these Provider Terms, then in addition to its rights under the General Terms, Eventective may immediately remove your profile from its listings (without any obligation to refund any amounts previously paid by you) and warn Participants of your actions.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and your listing, purchase and sale of products or services.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to any Eventective Services, excluding legal action taken by Eventective to collect fees or to obtain an injunction relating to Website operations, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Maine, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
PARTICIPATION IN PROGRAMS
As a registered Provider, you may have the option to participate in certain Programs for which Eventective charges a fee.  If you elect to do so, then the following additional terms shall apply to you:

EventClicks Program (Pay-Per-Click)
If you elect to participate in the EventClicks Program, then, by clicking the 'Submit Order' button on the 'Secure Payment' page, you agree that the following additional terms shall apply to you:

  • In order to participate in the EventClicks program you will need to have a payment method set up for your user ID.
  • Eventective shall display your listing prominently in the areas and/or categories that you select.
  • You may cancel your participation in the EventClicks Program with respect to all or any single listing by notice to Eventective or by pausing your account from My Eventective.  Cancellation or pausing of your participation in the EventClicks Program shall not relieve you of any payment obligation incurred by you prior to cancellation or pausing.
  • You represent and warrant that you hold, and hereby grant Eventective, all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in all information necessary to permit Eventective to post your listing in the manner described above.
  • You shall be responsible for all charges in the EventClicks Program, or as set in your Website account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by Eventective.  You shall pay all charges monthly by a deduction from the credit card in your payment method. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees Eventective incurs collecting late amounts.
  • To the fullest extent permitted by law, refunds (if any) are at the discretion of Eventective. Nothing in these Provider Terms obligates Eventective to extend credit to any party.  Provider acknowledges and agrees that any credit card and related billing and payment information that Provider provides to Eventective may be shared by Eventective with companies who work on Eventective's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Eventective and servicing Provider's account. Eventective may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Eventective shall not be liable for any use or disclosure of such information by such third parties.
Listing Enhancement Program (Advertising)
If you elect to participate in the Listing Enhancement Program, then, by clicking the 'Submit Order' button on the 'Secure Payment' page, you agree that the following additional terms shall apply to you:

  • In exchange for receipt by Eventective of your payment of the amount set forth on the applicable 'Secure Payment' page, Eventective shall display your listing in the manner that you select, as further described here, for a period of one year.
  • You may cancel your participation in the Listing Enhancement Program with respect to all or any single listing by notice to Eventective.  Cancellation of your participation in the Listing Enhancement Program shall not relieve you of any payment obligation incurred by you prior to cancellation or entitle you to any refund.
  • You represent and warrant that you hold, and hereby grant Eventective, all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in all information necessary to permit Eventective to post your listing in the manner described above.
  • You shall be responsible for all charges up to the amount of each invoice delivered to you (if you've elected to be invoiced), or as set in your Website account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by Eventective.  You shall pay all charges in accordance with the payment terms in the applicable invoice or these Provider Terms.  Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees Eventective incurs collecting late amounts.
  • To the fullest extent permitted by law, refunds (if any) are at the discretion of Eventective. Nothing in these Provider Terms obligates Eventective to extend credit to any party.  Provider acknowledges and agrees that any credit card and related billing and payment information that Provider provides to Eventective may be shared by Eventective with companies who work on Eventective's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Eventective and servicing Provider's account. Eventective may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Eventective shall not be liable for any use or disclosure of such information by such third parties.
  • Eventective will refund any unused portion of your advertising period on a pro-rata basis, less a $25 service charge. Refunds are pro-rated for whole months only, and will not include any portions of a month during which an Enhanced Listing was displayed on the Eventective site. (Any Listing cancelled on or after the 1st day of a month will not be eligible for a refund for that entire month.) The $25 cancellation fee will apply to all Listings, without exception, and is regrettably required to help offset Eventective's costs in processing cancellations and refunds.
Automatic Renewal
As of January 1, 2012, any listing enhancement paid for by credit card shall automatically renew at the expiration of the 12-month term for an additional 12 months at the current rate at the renewal time.
  • If the listing enhancement was purchased by check or PayPal, it shall not automatically renew.
  • Automatic renewal is designed to provide you with no interruption in our service to you. In order to turn off automatic renewal, you must sign in to your listing and turn off automatic renewal from your "My Listing" page, at any time prior to the expiration of your current 12 month term. After turning off automatic renewal, your listing enhancement will stay active until the expiration of the current listing enhancement period.
  • If automatic renewal is not turned off, you are affirming and authorizing us to charge your credit card at the end of each listing enhancement term for an additional time period at the then-current subscription rate for the same listing enhancement product.
  • If the product you purchased is no longer available, you authorize us to charge your credit card for a product that is the most similar to the original product that you purchased, at the then-current price of the new product.
  • For any assistance at all regarding your listing enhancement or automatic renewal, please call us at 207-253-1653.

Sales Lead Program (Pay Per Lead)
If you elect to participate in the Sales Lead Program, then, by clicking the ['Submit Order'] button on the 'Secure Payment' page, you agree that the following additional terms shall apply to you:

  • In exchange for receipt by Eventective of your payment of the amount(s) set forth on the applicable 'Secure Payment' page, Eventective shall deliver the specified number of Sales Leads.  "Sales Lead" means information submitted by Planners in the course of using the Event Agent.
  • You acknowledge and agree that Eventective may resell Sales Leads that you purchase to other Providers.
  • You may not resell or otherwise disclose Sales Leads to any third party.
  • You shall be responsible for all charges up to the amount of each invoice delivered to you (if you've elected to be invoiced), or as set in your Website account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by Eventective.  You shall pay all charges in accordance with the payment terms in the applicable invoice or these Provider Terms.  Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees Eventective incurs collecting late amounts.
  • To the fullest extent permitted by law, refunds (if any) are at the discretion of Eventective. Nothing in these Provider Terms obligates Eventective to extend credit to any party.  Provider acknowledges and agrees that any credit card and related billing and payment information that Provider provides to Eventective may be shared by Eventective with companies who work on Eventective's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Eventective and servicing Provider's account. Eventective may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Eventective shall not be liable for any use or disclosure of such information by such third parties.
  • You may cancel your participation in the Sales Lead Program at any time by notice to Eventective.  Cancellation of your participation in the Sales Lead Program shall not relieve you of any payment obligation incurred by you prior to cancellation.

DISCLAIMER AND LIMITATION OF LIABILITY
EVENTECTIVE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROGRAM, AND YOUR PARTICIPATION THEREIN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVENTECTIVE DOES NOT PROMISE THAT YOUR PARTICIPATION IN ANY PROGRAM WILL GENERATE ENGAGEMENTS FOR YOU. THE ENTIRE RISK OF YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING COLLECTION OF ANY AMOUNTS OWED TO YOU IN CONNECTION WITH ANY ENGAGEMENTS BOOKED AS A RESULT OF YOUR PARTICIPATION IN ANY PROGRAM, REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EVENTECTIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF EVENTECTIVE IS NEVERTHELESS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, EVENTECTIVE'S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT THAT YOU PAID TO EVENTECTIVE TO PARTICIPATE IN THE PROGRAM.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT EVENTECTIVE WOULD NOT PERMIT YOU TO PARTICIPATE IN ANY PROGRAM 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 Provider 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.