Terms and Conditions of Use

Web Application

Updated: May 25, 2018

Welcome to the Eventene Website (the "Site"). This Site is owned and operated by Eventene, LLC ("Company"). These Terms and Conditions of Use ("Terms of Use") are an agreement between you and Company and govern your use of the Site. By accessing the Site and using any of the Services provided on the Site (as defined below), you signify your agreement to all the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then do not use the Site.

These Terms of Use are effective as of the date posted above, and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Company may modify or update these Terms of Use at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all the features of the Site or Company's Services at any time.

By agreeing to these Terms of Use, you consent to allow the Company to contact you regarding the Site and Services, including providing you information regarding updates to the Site and Services, changes to these Terms of Use, and other information regarding the Site and Services.

1. Description of Services

Subject to the terms and conditions specified herein, including those set forth in Section 5, Company offers software, resources and tools through the Site for collection, processing and storage of information for the purpose of organizing, coordinating and making communications regarding events (“Events”). The Company also provides a mobile application (“Application”) for participants in Events (“Participants”) to obtain information regarding such Events and to communicate with users of the web application (“Organizers”) and other Participants. The Application and Site are collectively referred to as the “Services.”

Organizer’s access to the Services is password protected and is restricted to users who register through the Site and subscribe to the Services. Only registered users are able to access the Site and to input and process information regarding Events.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the availability of new Services or products, shall be subject to these Terms of Use. Company is under no obligation to update the Site, the Services or any information or data contained on the Site or used in connection with the Services. Company, in its sole discretion, may at any time and from time to time to add, modify or discontinue, temporarily or permanently, any or all of the Services without notice or liability to you or any third party.

2. PROPRIETARY RIGHTS

Company retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services (excluding data and information regarding Participants and Events ). Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Services, including the software provided to Organizers through the Site. You may not reproduce, download (other than page caching), modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Intellectual Property, except as expressly permitted in these Terms of Use or with Company's prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available through the Services. Use of the Services is solely subject to these Terms of Use. Notwithstanding anything to the contrary, all rights are reserved and remain always with the Company.

3. Registration Obligations

You will be directed on one or more occasions to register with the Site and create a customer account or otherwise provide Company with certain information about yourself and your company (as applicable) ("Registration Data"). On registering with the Site, You will obtain a confidential user ID and password (collectively, "Password") for your individual use that must be used to access and use the Services. If you subscribe to a Pro Plan described below, you may allow additional users authorized by you (“Authorized Users”) to use the Site and Services, subject to these Terms of Use.

You agree by registering: (i) to these Terms of Use; (ii) to provide true, accurate, current and complete Registration Data, (iii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iv) for security reasons, to maintain the confidentiality of any Password obtained by you or set-up by you as an account administrator on behalf of your company's Authorized Users, (v) to not allow any other party (apart from any of your Authorized Users) to use your Password(s); (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; (vii) to take full responsibility for all activities that occur under any customer account created for your use, and (viii) to allow no more than one Authorized User to use each Password at any time or share passwords with other users.

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your information through the Site for purposes of registration, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company's performance of the Services for you.

4. Privacy Policy

All information about Participants and Events, Registration Data and any information stored or transmitted in any way on the Application or through the use of the Services, is subject to our privacy policy (“Privacy Policy”), the terms of which are incorporated herein.

5. Use of the Site and the Services

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Services. You will not use the Services, including the information displayed in the Services, to promote the use of illegal substances, nudity, sex, pornography, or to transmit any communications that contain expletives or inappropriate, offensive, defamatory or abusive language. You will also not use the Services, including the information displayed in the Services, to infringe the intellectual property rights of others or to contact any individuals (including Participants and Organizers) regarding anything other than Events, including offering to market or sell goods or services or sending communications that violate CAN-SPAM laws.

You further represent and warrant that you have obtained all necessary permissions from those persons, including Participants, from whom you collect and process Personal Information and Non-Personal Information (as defined in the Privacy Policy) and for whom you display information in the Application. You agree and acknowledge that you solely are responsible for obtaining any necessary permissions from Participants and/or a parent or guardian of Participants. You further agree that you will not collect, process or display on or through the Services, including the Application, any “individually identifiable health information” (“PHI”) regarding any Participant or other individual. For avoidance of doubt, PHI (as defined in the Privacy Policy) includes an individual’s past, present or future physical or mental health, or an individual’s condition or provision of health care to an individual, including for any Participant. PHI further includes information such as an individual’s health condition, medical treatment, medications or other similar information.

6. User Eligibility

You acknowledge that you and your Authorized Users are 18 years of age or older. If you are under 18, do not send any information to us or create an account.

7. Payment Terms

When you sign up for the Site and the Services by clicking the agreement at the end of this form you may choose either the free plan (“Free Plan”) or one of the paid pro plan subscriptions (“Pro Plan”). If you choose the Free Plan you will be limited to the number of records that you may input regarding Events and be subject to other restrictions, including the number of Events and Authorized Users. You may change from the Free Plan to the Pro Plan by accessing your account information in the “My Account” tab of the Site and following the instructions provided, including agreeing to the payment terms.

If you agree to a Pro Plan, you will be charged the agreed upon amount on the same day each month of your subscription (“Billing Date”) until your account is canceled, terminated or converted to a Free Plan. You may convert your account to a Free Plan by disabling the Auto-renew setting in your Billing Profile before your next occurring Billing Date. No full or partial refunds will be provided for any account conversion from a Pro Plan to a Free Plan in the middle of billing cycle.. You may cancel your Pro Plan account at any time by contacting us at support@eventene.com. If you cancel your Pro Plan account, your account will convert to a Free Plan on the next occurring Billing Date. No refunds will be provided for any cancellation, termination or conversion of a Pro Plan account in the middle of a billing cycle.

In we are unable to charge you for any monthly charges on the Billing Date, we will notify you through the e-mail address that you provided when you signed up for the Services. In order to continue your Pro Plan account, you must supply a valid form of payment in the “My Account” tab of the Site. If we are unable to charge your monthly charge for the Pro Plan for more than ten (10) days after notification, your Pro Plan account (including the auto-renewal feature) will be canceled and your account will be transferred to a Free Plan. After cancellation or termination, you and your Authorized Users will not be able to use any Pro Plan features, unless you change your account back to a Pro Plan. If your Pro Plan account is terminated or cancelled, you are solely responsible for exporting information stored to your computer or another account. After sixty (60) days following cancellation or termination of your account, we are no longer obligated to store any information that you input or stored for your account.

8. Links

The Site and Application may contain links to other Internet web applications and resources. Links found on the Site and Application may let users leave the Site or Application and go to sites operated by parties other than the Company . Users may also be able to register for the Application using an account on other parties’ sites. Company does not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such web applications or resources. The linked sites are not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by the Company, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. Third parties’ sites are not subject to our Terms of Use and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

9. Warranty Disclaimers

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

COMPANY PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company makes no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of Company's control including, but not limited to, telecommunications network disruptions or cloud-based service providers . Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

While we have endeavored to create a secure and reliable Site, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

10. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR YOUR COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100.

11. Indemnity

You agree to defend, indemnify and hold Company and its affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Use, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services.

12. Termination

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of these Terms of Use, the Company may delete and/or store, in its discretion, data associated with your use of the Site. The Company may also deactivate your account or change your Pro Plan account to a Free Plan account. In the event of termination, the Company has no further obligations to you.

13. Miscellaneous

This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and Company. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 2-3, 5-7, and 9-14 shall survive any termination of these Terms of Use.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

14. Assignment

The Company may assign these Terms of Use at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Use. If any provision of this Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, including receipt of spam from a user, contact the Company at: contact@eventene.com with “Terms of Use” in the subject line of your email, or:

Eventene
Attn: David Wood
2500 Broadway, Suite F-125
Santa Monica, CA 90404
USA

Phone:+1 (833) 383-6863


Mobile Application

Updated: May 25, 2018

Welcome to the Eventene Mobile Application (the "Application"). This Application is owned and operated by Eventene, LLC ("Company"). These Terms and Conditions of Use ("Terms of Use") are an agreement between you and Company and govern your use of the Application and the services provided through the Application (“Services”). By accessing the Application and using any of the Services, you signify your agreement to all of the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then do not use the Application.

These Terms of Use are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Company may modify or update these Terms of Use at any time by posting the amended terms on the Application and such terms shall be effective for all use of the Application and Services once they are posted. Your continued use of the Application and/or the Services following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Application or Services at any time.

By agreeing to these Terms of Use, you consent to allow the Company to contact you regarding the Application and Services, including providing you information regarding updates to the Application and Services, changes to these Terms of Use, and other information regarding the Application and Services.

1. DESCRIPTION OF SERVICES

Subject to the terms and conditions specified herein, including those set forth in Section 5, Company offers resources and tools through the Application for accessing information and making communications regarding events (“Events”) enrolled in by participants (“Participants”).

Participants’ access to the Services is password protected and is restricted to users who register through the Application and subscribe to the Services and are approved by organizers of Events (“Organizers”). Only registered users can access the Application and obtain information regarding Events.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the availability of new Services or products, shall be subject to these Terms of Use. Company is under no obligation to update the Application, the Services or any information or data contained on the Application or used in connection with the Services. Company, in its sole discretion, may at any time and from time to time to add, modify or discontinue, temporarily or permanently, any or all of the Services without notice or liability to you or any third party

2. PROPRIETARY RIGHTS

Company retains all right, title and interest in and to the Application, as well as all data, information, content and materials provided on the Application (excluding data and information regarding Participants and Events). Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Application and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Application. You may not reproduce, download (other than page caching), modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Intellectual Property, except as expressly permitted in these Terms of Use or with Company's prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available through the Application. Use of the Application is solely subject to these Terms of Use. Notwithstanding anything to the contrary, all rights are reserved and remain always with the Company.

3. REGISTRATION OBLIGATIONS

You will be directed on one or more occasions to register with the Application and create a customer account or otherwise provide Company with certain information about yourself and your company (as applicable) ("Registration Data") and regarding specific Organizers or Events. On registering with the Application [and being approved by an Organizer], You will obtain a confidential user ID and password (collectively, "Password") for your individual use that must be used on the Application to access and use the Services.  

You agree by registering: (i) to these Terms of Use; (ii) to provide true, accurate, current and complete Registration Data, (iii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iv) for security reasons, to maintain the confidentiality of any Password obtained or created by you; (v) to not allow any other party to use your Password; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; (vii) to not access information regarding any Events for which you have not been approved by an Organizer; and (viii) to take full responsibility for all activities that occur under any customer account created for your use. Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.

If you provide any information that is untrue, inaccurate, not current or incomplete, if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you have violated the terms of registration, Company may suspend or terminate your account and refuse any and all current or future use of the Application and Services (or any portion thereof). By submitting your information through the Application for purposes of registration, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company's performance of the Services for you.

4. PRIVACY POLICY

All information about Participants and Events, Registration Data and any information stored or transmitted in any way on the Application or through the use of the Services, is subject to our privacy policy (“Privacy Policy”), the terms of which are incorporated herein.

5. USE OF THE APPLICATION AND THE SERVICES

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Application and the Services. You will not use the Application and the Services, including the information input or displayed in the Application and Services, to promote the use of illegal substances, nudity, sex, pornography, or to transmit any communications that contain expletives or inappropriate, offensive, defamatory or abusive language. You will also not use the Application and the Services, including the information displayed in the Application and Services, to infringe the intellectual property rights of others or to contact any individuals (including Participants and Organizers) regarding anything other than Events, including offering to sell goods or services or sending communications that violate CAN-SPAM laws.

You further represent and warrant that you have given all necessary permissions to Organizers, including permissions to display Personal Information and Non-Personal Information (as defined in the applicable privacy policy) in the Application. If you have any questions regarding the information displayed in the Application, please contact the Organizer of the Event.

6. USER ELIGIBILITY

You acknowledge that you are 18 years of age or older or are a Participant in an Event who has the permission of a parent or guardian to use the Application and/or Services.

7. LINKS

The Application may contain links to other Internet web applications and resources. Links found on the Application may let you leave our Application and go to sites operated by parties other than the Company. You may also be able to register for the Application using an account on other parties’ sites. Company does not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such web applications or resources. The linked sites are not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by the Company, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. Third parties’ sites are not subject to our Terms of Use and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

8. PUSH NOTIFICATIONS

If you elect to receive push notifications regarding Events through the Application, any such notifications will incur normal carrier fees and charges. You may disable push notifications at any time by following instructions in the Application (via the Settings page) or in your operating system.

9. WARRANTY DISCLAIMERS

You understand that the processing and transmission of communications relating to the use of the Application or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Application.

COMPANY PROVIDES THE APPLICATION AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company makes no representation or warranty that (i) the Application or the Services will meet your expectations or requirements, (ii) the Application or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Application or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Application or in connection with the Services will be corrected. Operation of the Application may be interfered with by numerous factors outside of Company's control including, but not limited to, telecommunications network disruptions. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Application or the Services.

While we have endeavored to create a secure and reliable Application, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Application, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Application may be temporarily unavailable from time to time for maintenance or other reasons.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR YOUR COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100.

11. INDEMNITY

You agree to defend, indemnify and hold Company and its affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Application or the Services, (ii) your breach or alleged breach of these Terms of Use, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Application or the Services.

12. TERMINATION

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of these Terms of Use, the Company may delete and/or store, in its discretion, data associate with your use of the Application. In the event of termination, the Company has no further obligations to you.

13. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Application and the Services and supersedes all prior and contemporaneous agreements between you and Company. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  The provisions of Sections 2-3, 5-6, and 9-13 shall survive any termination of these Terms of Use.

This Application is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Application may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Application is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Application from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Application or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

14. ASSIGNMENT

The Company may assign these Terms of Use at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Use. If any provision of this Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, including receipt of spam from a user, contact the Company at: support@eventene.com with “Terms of Use” in the subject line of your email, or:

Eventene
Attn: David Wood
2500 Broadway, Suite F-125
Santa Monica, CA 90404
USA

Phone:+1 (833) 383-6863