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.
By use of this website, 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.
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.
You may not:
LICENSE TO EVENTECTIVE
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.
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.
DISCLAIMER OF WARRANTIES, LIMITATION 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.
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.
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.
DMCA - NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT
Eventective will respond expeditiously to any and all notices of copyright infringement that comply with applicable law. If you have a copyright that you believe has been infringed on by any materials accessible on or from the Eventective website, you may request removal of those materials. Please submit written notification to our Copyright Agent whose information is available below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: