EVENTUP CUSTOMER TERMS OF SERVICE
Last Updated: November 13, 2012
Welcome to Eventup!
Please read these terms of service carefully ("Customer Terms") - they are a legal contract between you and Eventup, Inc. ("Eventup") which govern your use of www.eventup.com (the "Site") and Eventup's online listing and booking platform for event locations ("Venues") and related services available via the Site.
In this document we refer to our services, technologies and Site collectively as the "Services". For convenience, we also use the following defined terms: "Listing" means a Venue that is listed by a Venue Owner for rental via the Services; "Member" means a person who completes the Eventup account registration process to rent a Venue as contemplated herein, as described under "Creating an Eventup Account" below; and "Venue Owner" means a user of the Services who registers with Eventup to create a Listing for Venues.
By accessing or using our Services, you agree to be bound to all of the terms and conditions described in these Customer Terms. If you do not agree to all of these terms and conditions, do not use our Services.
Please contact us at email@example.com with any questions regarding these Customer Terms.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE OWNERS MAY LIST VENUES AND MEMBERS MAY LEARN ABOUT AND BOOK VENUES. YOU UNDERSTAND AND AGREE THAT EVENTUP'S SERVICES BRING VENUE OWNERS AND MEMBERS TOGETHER; HOWEVER, EVENTUP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE OWNERS AND MEMBERS, NOR IS EVENTUP A REAL ESTATE BROKER OR AGENT. AS A RESULT, EVENTUP HAS NO CONTROL OVER THE CONDUCT OF VENUE OWNERS OR MEMBERS VIA THE SERVICES OR VENUES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Agreement to these Customer Terms
At some point, different areas of the Services and your access to or use of certain Services or Content (defined below) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Customer Terms and terms and conditions posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or Site Content.
Changes We Can Make to these Customer Terms and Services
Eventup, may, at its sole discretion, modify these Customer Terms, at any time and without prior notice. If we do so, we will let you know either by posting the modified Customer Terms on the Site or through other communications. It's important that you review the new Customer Terms whenever we revise them because if you continue to use the Services after we post modified Customer Terms you are indicating to us that you agree to be bound by the revised Customer Terms. Because our Services are evolving, if the revised Customer Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
How Eventup Works
Our Services can be used to facilitate the listing and booking of Venues. Such Venues are made available via the Services by Venue Owners. Venue Owners are also responsible for accommodating and fulfilling the appointments you make to visit a Venue in-person prior to booking the Venue (each a "Venue Visit") via the Services. You may view Listings as an unregistered visitor to the Services; however, if you wish to schedule an appointment to visit a Venue or book a Venue via the Services, you must first register to create an account ("Account") and become a Member.
As you know, Eventup makes available a platform for Venue Owners and Members to connect for the purpose of listing and booking Venues. Eventup is not an owner or operator of Venues, nor is it a provider of such properties and Eventup does not own, sell, resell, furnish, provide, rent, re-rent, host, manage and/or control Venues. Instead, Eventup's role is solely to facilitate the availability of the Services for Venue Owners and Members and to provide the related services. Venue Owners are independent contractors. Eventup is not responsible for and disclaims any and all liability related to the actions of Venue Owners, Members, third parties and other users of the Services.
Who Can Use our Services
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Creating an Eventup Account
When creating an Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You can register directly through the Site or via a social networking service we may support (your "SNS"). By using your SNS account, you are allowing Eventup to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates these Customer Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Bookings and Financial Terms
The Venue Owners, not Eventup, are solely responsible for fulfilling Venue Visits and bookings, and making available any Venues reserved through the Services. It is the Venue Owner and not Eventup which determines the amounts due and payable by you to the Venue Owner for and related to a booking ("Venue Booking Fee") and the possible fee range for booking a Venue provided in the Listing.
Making an Inquiry About a Venue; Venue Visits. You can make an inquiry regarding a Venue, request to schedule a Venue Visit or request a quote for a Venue Booking Fee for a Venue by completing an online inquiry form. Within twenty-four (24) business hours of your submission of the form, an Eventup representative will contact you. Venue Visits are subject to the approval of the applicable Venue Owner. Please contact an Eventup representative should you wish to cancel or reschedule a Venue Visit. Should you wish to arrange a booking for a Venue after a Venue Visit or otherwise, you agree to make such booking via the Services.
Booking a Venue. After you receive a response to your inquiry from Eventup, including a quote, and your Venue Visit (should you choose to schedule one), you may contact Eventup to make your booking via the Services. If the Venue you wish to book is available on the dates and at the times you request and you choose to book the Venue via the Services, Eventup will either collect: (i) a deposit as a percentage of the Venue Booking Fee or a flat fee, in an amount not to exceed the Venue Booking Fee (collectively, a "Deposit"); or (ii) the entire Venue Booking Fee, on behalf of the Venue Owner at the time of booking. The Listing and/or quote provided to you will indicate whether a Deposit or the total Venue Booking Fee will be due at the time of booking. Where a Deposit is required, the remaining balance of the Venue Booking Fee will be collected by Eventup on behalf of the Venue Owner on the due date that the Venue Owner specified, and Eventup will automatically charge the remaining balance amount via the same credit card used for the Deposit (unless you notify Eventup in advance of the charge that you wish to use an alternative method of payment for the remaining balance).
Eventup reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Deposit amount not to exceed the Venue Booking Fee associated with your booking or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Eventup receives confirmation of your booking from the applicable Venue Owner, Eventup will collect the Deposit as well as the remaining balance, if applicable, in accordance with the these Customer Terms. All Deposits and remaining balance are payable in United States dollars. Once your booking transaction is complete, you will receive a confirmation email summarizing your booking and a copy of such confirmation will be available for review via your Account.
Venue Owner Agreement
If you decide to book a Venue identified in a Listing, you understand and agree that you may be required to enter into a written agreement with the Venue Owner. You also agree that you will accept any terms, conditions and restrictions, written or oral, associated with such Venue imposed by the Venue Owner. You acknowledge and agree that you, and not Eventup, will be responsible for performing the obligations of any such agreements, terms, conditions and restrictions, and Eventup is not a party to such agreements or terms, conditions and restrictions and disclaims all liability arising from or related thereto.
Insurance and Taxes
Eventup does not carry any insurance for bookings made or Venues featured on the Services. Accordingly, you agree that it is your sole responsibility to obtain any insurance as required by law or otherwise related to your booking of a Venue or your activities on the Services. You are also solely responsible for determining any tax requirements or obligations you may have related to any bookings made via the Services. Eventup cannot and does not offer tax advice to Members.
Booking Changes and Cancellations
Please note that change and cancellation procedures and penalties for bookings vary depending on the policies of the applicable Venue Owner. Any such cancellation procedures and penalties are those of the Venue Owner and not of Eventup, and Eventup has no responsibility or liability in this regard. You agree that you will accept any terms, conditions and restrictions associated with any Venue imposed by the Venue Owner, including, but not limited to, any change or cancellation fees. If you have any complaints or questions about your experience with a Venue Owner or a Venue, or if you wish to cancel a booking made via the Services, please contact the applicable Venue Owner directly. If a Venue Owner cancels a booking, please contact Eventup at firstname.lastname@example.org and Eventup will address your request, in its sole discretion. Please note that Eventup is not responsible for resolving any disputes between Members and Venue Owners or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard. If you cancel a booking of a Venue, Eventup will not refund any service fees charged by Eventup to a Venue Owner for such booking. Consequently the value of such service fees may be charged to you by a Venue Owner in addition to any other cancellation fees associated with a Venue Owner's cancellation policy, which will be described in the applicable Listing, or otherwise communicated to you by the Venue Owner.
Content on Eventup
Key Definitions. "Content" means text, graphics, images, music, software, audio, video, information, works of authorship or other materials. "Eventup Content" means all Content that Eventup makes available through the Services, including any Content licensed from a third party, but excluding Member Content and Venue Owner Content. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. "Site Content" means Member Content, Venue Owner Content and Eventup Content. "Venue Owner Content" means all Content that a Venue Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings.
Eventup Licenses. Subject to your compliance with the Customer Terms, Eventup grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Eventup Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Customer Terms, Eventup grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content and Venue Owner Content solely for your personal and internal business purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Customer Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eventup or its licensors, except for the licenses and rights expressly granted in these Customer Terms.
Member Content. We permit Members to post, upload, publish, submit or transmit Member Content, including, but not limited to, reviews of Venues. By making available any Member Content through the Services, you hereby grant to Eventup a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
You agree that you are solely responsible for all your Member Content. You represent and warrant that: (a) you own the Member Content that you provide through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Eventup the rights in the Member Content you provide via the Services. You also represent and warrant that your use of, and your authorization of Eventup's use of, the Member Content you provide via the Services will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Intellectual property laws protect the Services and Eventup Content. Except as expressly provided in these Terms, Eventup and its licensors own all rights in the Services and Eventup Content. Eventup has no ownership rights in Member Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Site Content. You agree that you have no right to, or title in or to, any Site Content (except for the Member Content that you provide) or any other attributes associated with your Account.
What Not To Do
Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Services, Eventup's name, any Eventup trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eventup's express written consent;
- Access, tamper with, or use non-public areas of the Services, Eventup computer systems, or the technical delivery systems of Eventup providers;
- Attempt to probe, scan, or test the vulnerability of any Eventup system, network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eventup or any of Eventup's providers, or any other third party (including another user) to protect the Services or Site Content;
- Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eventup or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Eventup trademark, logo URL or product name without Eventup's express written consent;
- Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by the Customer Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Eventup has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Eventup may involve and cooperate with law enforcement authorities in prosecuting users who violate these Customer Terms. You acknowledge that Eventup has no obligation to monitor your access to or use of the Services or Site Content, or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Customer Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Eventup reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that Eventup, at its sole discretion, considers to be objectionable, in violation of these Customer Terms or otherwise harmful to the Services.
Eventup respects copyright law and expects its users to do the same. Eventup has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe the rights of copyright holders. Please see Eventup's Copyright Policy at [http://eventup.com/privacy/] for further information.
Links to Third-Party Sites
The Services may include links to other sites and services that are not operated by Eventup. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites.
Termination and Account Cancellation
If you breach any of the terms of these Customer Terms, we have the right to suspend or disable your access to or use of the Services. In the event Eventup terminates these Customer Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com. As stated above under the section titled "Changes We Can Make to these Customer Terms and Services", we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
Eventup does not endorse any Members, Venue Owners, or any Venues featured on the Services. In addition, we do not attempt to confirm, and do not confirm, any Member's or Venue Owner's purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Services. Except as provided in the Eventup Guarantee Terms and Conditions, accessible at http://eventup.com/guarantee/, we will not be responsible for any damage or harm resulting from your interactions with other Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members and Venue Owners will be limited to a claim against the particular Members or Venue Owners who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Eventup in this regard.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EVENTUP DOES NOT CONDUCT BACKGROUND CHECKS ON ANY VENUE OWNER OR MEMBER. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, EVENTUP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVENTUP MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO, THE LISTINGS OR ANY VENUES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVENTUP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VENUES, OR ANY SERVICES OR SITE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENUE OWNERS. YOU UNDERSTAND THAT EVENTUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR REVIEW OR VISIT ANY VENUES. EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, VENUE OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON BY WAY OF A VENUE VISIT OR OTHERWISE.
You agree to indemnify and hold harmless Eventup and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with: (a) your access to or use of the Services or Site Content or your violation of these Customer Terms; (b) your Member Content; and (c) your (i) interaction with any Member or Venue Owner, (ii) scheduling a Venue Visit or booking of a Venue or (iii) use of a Venue by you or any other Member.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT, AND YOUR BOOKING OF ANY VENUES VIA THE SERVICES, REMAINS WITH YOU. NEITHER EVENTUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE CUSTOMER TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR BOOKING OF ANY VENUE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EVENTUP'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE CUSTOMER TERMS, FROM YOUR BOOKING OF ANY VENUE VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE OR YOU DO NOT OWE ANY PAYMENTS FOR BOOKINGS VIA THE SERVICES, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVENTUP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
How Disputes Will be Handled
California Law Governs. These Customer Terms and any disputes related to them or to your use of the Services will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Customer Terms or to the transactions contemplated by these Customer Terms.
Where a Lawsuit Must Occur. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Los Angeles County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Waiver of Jury Trial and Class Action; Agreement to Mandatory Arbitration. You and Eventup agree that any dispute, claim or controversy arising out of or relating to these Customer Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Eventup are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Eventup otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Customer Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Eventup otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Eventup submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Eventup will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Eventup will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Eventup changes this "Dispute Resolution" section after the date you first accepted these Customer Terms (or accepted any subsequent changes to these Customer Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Eventup's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Eventup in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Customer Terms (or accepted any subsequent changes to these Customer Terms).
These Customer Terms constitute the entire and exclusive understanding and agreement between Eventup and you regarding the Services and Site Content, and any bookings of Venues made via the Services, and supersede and replace any and all prior oral or written understandings or agreements between Eventup and you regarding the Services and Site Content.
You may not assign or transfer these Customer Terms, by operation of law or otherwise, without Eventup's prior written consent. Any attempt by you to assign or transfer these Customer Terms, without such consent, will be null and of no effect. Eventup may assign or transfer these Customer Terms, at its sole discretion, without restriction. Subject to the foregoing, these Customer Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Customer Terms, will be in writing and given by Eventup (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and you can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The failure of Eventup to enforce any right or provision of these Customer Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eventup. Except as expressly set forth in these Customer Terms, the exercise by either party of any of its remedies under these Customer Terms will be without prejudice to its other remedies under these Customer Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Customer Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Customer Terms will remain in full force and effect.
If you have any questions about these Customer Terms, please contact us at firstname.lastname@example.org.