EVENTUP CUSTOMER TERMS OF SERVICE
Last Updated: February 11 2014
Welcome to Eventup!
Please read these terms of service carefully (“Terms”) – they are a legal contract between you and Eventup, Inc. (“Eventup” or “we” or “our”)which govern your use of www.eventup.com (the “Site”) and Eventup’s online listing 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: “Venue Owner” means a person or company who completes the Eventup account registration process for the purpose of offering Venues to End Users (defined below) to lease or reserve for business or personal use, or that offers through Eventup any other products or services to end users. , as described under “Eligibility and Account Registration” below. “End User” is a person or company who completes the Eventup account registration process for the purpose of leasing or reserving for business or personal use a Venue, or that purchases from a Venue Owner through Eventup any other products or services offered. “You” or “Your” refers to, as the case may be, Venue Owners and/or End-Users.
By accessing or using our Services, You agree to be bound to all of the terms and conditions described in these Terms. If You do not agree to all of these Terms, do not use our Services.
Please contact us at email@example.com with any questions regarding these Terms.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE OWNERS MAY LIST VENUES AND END USERS MAY LEARN ABOUT VENUES. YOU UNDERSTAND AND AGREE THAT EVENTUP’S SERVICES BRING VENUE OWNERS AND END USERS TOGETHER; HOWEVER, EVENTUP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE OWNERS AND END USERS, NOR IS EVENTUP A REAL ESTATE BROKER OR AGENT. AS A RESULT, EVENTUP HAS NO CONTROL OVER THE CONDUCT OF END USERS VIA THE SERVICES OR VENUES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Agreement to these Terms
Venue Owners: VENUE OWNERS ACCEPT THESE TERMS BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, BY ACCESSING OR USING THE SERVICES, BY LISTING A VENUE FOR BOOKING VIA THE SERVICES, OR BY POSTING ANY VENUE OWNER CONTENT THROUGH THE SERVICES, VENUE OWNER AGREES TO BE BOUND BY THESE TERMS WHETHER OR NOT VENUE OWNER REGISTERED WITH THE SERVICES.
End-User: End-Users accept these Terms BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON OR BY ACCESSING OR USING THE SERVICES.
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 Terms and the terms 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 Terms
Eventup, may, at its sole discretion, modify these Venue Owner 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 Terms whenever we revise them because if You continue to use the Services after we post modified Terms, Your continued use of the Services shall constitute Your agreement to be bound by the revised Terms. Because our Services are evolving, if the revised 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.
Eligibility and Account Registration
If You would like to use our Services to create a Listing (defined below, You must first register to create an account with Eventup (“Account”) as a Venue Owner or End-User. The Services are intended solely for businesses or 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.
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 a social networking service we 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 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.
VENUE OWNERS: Listing a Venue
[For this section, “you” and “your” shall refer only to the Venue Owner.] As a Venue Owner, you can list your Venue via the Services. In order to list your Venue via the Services, you will be required to agree to a subscription term for each Venue you list and pay the required fee (“Subscription”). During the listing process, you will be asked a variety of questions about the Venue to be listed, including, but not limited to, the location, capacity, size, features, availability of the Venue, pricing and related financial terms and whether you wish to offer the option to schedule a visit to your Venue by End Users prior to making a booking (each a “Venue Visit”). A Venue which you list via the Services is referred to herein as a “Listing” and such Listing will be made publicly available via the Services. In the event that you create and/or modify a Listing with the assistance of an Eventup representative, you understand and agree that any assistance provided by Eventup is performed on your behalf and at your direction and that you are responsible for any and all information contained in your Listings. Other End Users will be able to schedule a Venue Visit based upon the information provided in your Listing and to book a Venue. You agree to keep the information in your Listing up to date. For example, if the availability of your Venue changes and the Venue is no longer available for a specific date or time, you agree to update your Listing accordingly. Please note that Eventup reserves the right, at any time and without prior notice, to remove or disable access to any Listing that Eventup, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You agree to respond to inquiries from Eventup and from End Users regarding your Venue within six (6) business hours of receipt of (i) such inquiry, (ii) requests to schedule Venue Visits and (iii) requests for quotes for Venue Booking Fees (defined below). You understand and agree that (i) once a quote for the Venue Booking Fee is provided to an End User, the Venue Booking Fee for such booking may not be altered; (ii) you are responsible for accommodating and fulfilling any Venue Visits you confirm with an End User; and (iii) after a booking has been confirmed, you are responsible for honoring the booking in accordance with the terms and conditions included in such confirmation and any agreement, oral or written, you have entered into with the applicable End User.
Agreements between the Venue Owner and End User. You understand and agree that any transaction entered into as a result of Your use of the Services between a Venue Owner and an End User, whether oral or written, is between the Venue Owner and the End User and Eventup is not a party thereto. You each acknowledge and agree that You, and not Eventup, will be responsible for performing the obligations of any such agreement, and Eventup disclaims all liability arising from or related to any such agreement. You agree and acknowledge that Eventup does not own, sell, resell, furnish, provide, rent, re-rent, manage, host and/or control Venues or any other properties, Eventup is not an agent for either the Venue Owner or the End User, and Eventup’s role is solely to facilitate the availability of the Services for Venue Owners and End Users.
The booking of Venues and the related financial terms are not negotiated or booked through the Service, but are negotiated and booked directly between the Venue Owner and End User.
Venue Owner Fees and Termination of Subscription
Venue Owner fees will be billed to the Venue Owner on a monthly basis. Fees will be based upon monthly, quarterly, bi-yearly or yearly subscription term. Subscription terms shall automatically renew unless cancelled with at least fourteen (14) days prior written notice to the other party. A Subscription may be terminated without cause by either Eventup or Venue Owner provided fourteen (14) days advance written notice is given to the other party. Eventup may terminate a Subscription without notice if the Venue Owner violates the Terms. Cancellation of a Subscription does not operate to terminate these Terms.
Cancellations of Bookings
All cancellations of bookings shall be communicated directly between Venue Owner and End User. Eventup has no role or involvement in the cancellation of bookings. Venue Owners shall publish their cancellation policies on their Venue Listing. Venue Owners agree and warrant to End Users that only the cancellation policies published on its listing will be enforced. End Users are encouraged to inquire about cancellation polices of Venue Owners prior to booking with a Venue Owner. Eventup has no liability to either the Event Owner or End User for any cancelled booking. VENUE OWNER AND END USER EXPRESSLY RELEASE EVENTUP FROM ANY AND ALL LIABILITY RELATED TO ALL VENUE OFFERINGS. VENUE OWNER AND END USER AGREE AND ACKNOWLEDGE THAT Eventup is not responsible for resolving any disputes between Venue Owners and End Users, whether related to a booking cancellation, or otherwise, or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard.
Venue Owner and End User understand and agree that it is Venue Owner’s sole responsibility to obtain any insurance as required by law or otherwise related to any Listings or bookings made via the Services. Eventup recommends that Venue Owners obtain appropriate insurance for their Venues and that each Venue Owner reviews his/her/its policy carefully to confirm that he/she/it understand its terms (e.g., what exclusions and deductibles apply).
Compliance with Law
Venue Owner agrees to obtain and maintain all permits and licenses required by any governmental unit or agency and that he/she/it will comply with all applicable laws and regulations related to any rental of a Venue or Listings made via the Services.
End User agrees to comply with all laws or regulations required by any governmental unit or agency in the jurisdiction that the Venue is located.
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 End User Content and Venue Owner Content. “End User Content” means all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services. “Site Content” means End User 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 terms and conditions of these 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 or your internal business purposes. Subject to Your compliance with the terms and conditions of these Venue Owner Terms, Eventup grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any End User 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 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 Terms.
End User Content. [For this paragraph, “you” and “your” shall refer only to the End User.] You agree that you are solely responsible for all your End User Content. You represent and warrant that: (a) you own the End User 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 End User Content you provide via the Services. You also represent and warrant that your End User Content 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.
Venue Owner Content.We permit Venue Owners to post, upload, publish, submit or transmit Venue Owner Content. By making available any Venue Owner 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 or compliance with these Terms, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Venue Owner in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
[For this paragraph, “you” and “your” shall refer only to the Venue Owner.] You agree that you are solely responsible for all your Venue Owner Content. You represent and warrant that: (a) you own the Venue Owner 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 Venue Owner Content you provide via the Services. You also represent and warrant that your use of, and your authorization of Eventup’s use of, the Venue Owner 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.
Venue Owner represents and warrants that it will not post any images with any kind of text (credits, third-party names, etc.), aside from permanent signage at the Venue. Venue Owner authorizes Eventup to alter any images so that they are in compliance with these Terms; however, Eventup is under no obligation to do so and the failure of Eventup to do so shall not relieve Venue Owner of any liability related to the posting of images in violation of these Terms.
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 End User 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 End User 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’s computer systems, or the technical delivery systems of Eventup’s providers;
· Attempt to probe, scan, or test the vulnerability of any Eventup system or 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 Venue Owner or End 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 these Venue Owner 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 Venue Owner, End 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 Venue Owners or End 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 Venue Owners and/or End Users who violate these 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 Venue Owner 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 Terms or otherwise harmful to the Services.
Eventup respects copyright law and expects Venue Owners and End Users to do the same. Eventup has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Venue Owners, End Users or other account holders who repeatedly infringe the rights of copyright holders. Please see Eventup’ 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 us. 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 these Terms, we have the right to suspend or disable your access to or use of the Services. In the event Eventup terminates these Terms for your breach, you will remain liable for all amounts due hereunder. Subject to these Terms and, in the case of a Venue Owner, subject to the terms of any subscription agreement the Venue Owner enters into, You may cancel your Account at any time by sending an email to firstname.lastname@example.org. As stated above under the section titled “Changes We Can Make to these Terms”, 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 End Users or any Venue Owners of the Services or Listings or Venues featured on the Services. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Venue Owner’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided in the Eventup Venue Owner Guarantee, accessible at http://eventup.com/guarantee/, which is an agreement between Venue Owners and Eventup, we will not be responsible for any damage or harm resulting from your interactions with other End 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 End Users or other third parties will be limited to a claim against the particular End Users or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Eventup.
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, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Eventup makes no warranty regarding the quality of 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 VENUE OWNERS AND/OR END 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 END USERS WHO MAKE BOOKINGS OF VENUES YOU OWN OR CONTROL. YOU UNDERSTAND THAT EVENTUP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY venue owners or END USERS OF THE SERVICES, NOR DOES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF venue owners or END USERS OF THE SERVICES. EVENTUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF venue owners or END USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH venue owners and end users OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
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 Terms; (b) Your Venue Owner Content or End User Content, as applicable; and (c) Your interaction with any Venue Owner or End User, as applicable, including, but not limited to, (i) any condition caused by events beyond Eventup’s control that may cause damage to an Event Owner’s Venue; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of an Event Owner’s Venue, or an Event Owner’s Listing of a Venue via the Services.
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 ANY BOOKINGS OF 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 OR PROPERTY DAMAGE arising ouT of or in connection with thESE VENUE OWNER TERMS OR from the use OF or inability to use the ServiceS OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH VENUE OWNERS OR OTHER END USERS OF the SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR THE USE OF A VENUE WHERE A BOOKING WAS MADE 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 (i) THESE TERMS; (ii) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT; iii) THE OFFERING OF ANY VENUE THROUGH THE SERVICES; OR (iv) THE USE OF ANY VENUE BY AN END USER OF THE SERVICES EXCEED THE SERVICE FEES PAID BY THE VENUE OWNER RELATING TO OR ASSOCIATED WITH THE VENUES AT ISSUE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM OR ACTION, OR ONE HUNDRED DOLLARS ($100), IF THERE ARE NO SERVICE FEES RELATING TO OR ASSOICATED WITH THE VENUE OWNER’S VENUE. 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.
Notwithstanding anything to the contrary herein, if You have given Eventup notice of a Dispute under the section called “How Disputes Will be Handled” (below), no change to the “Limitation of Liability” section after Eventup received Your notice will apply to the Dispute.
How Disputes Will be Handled
Illinois Law Governs. These Terms and any disputes related to them or to your use of the Services will be governed by the laws of the State of Illinois 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 Terms or to the transactions contemplated by these 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 (“IP Disputes”) will be the state and federal courts located in Cook County, Illinois 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 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 Venue Owner 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. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Illinois 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 Cook County, Illinois. 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. The prevailing party is entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
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 foregoing terms, if Eventup changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above. 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 Terms (or accepted any subsequent changes to these Terms).
Notwithstanding anything to the contrary herein, if You have given Eventup notice of a Dispute under this section called “How Disputes Will be Handled”, no change to the “How Disputes Will be Handled” section after Eventup received your notice will apply to the Dispute.
These Terms constitute the entire and exclusive understanding and agreement between Eventup and You regarding the Services and Site Content, and any Listings or bookings 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, and any Listings and bookings made via the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Eventup’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Eventup may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these 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 Terms, will be in writing and given by Eventup, as determined by Eventup in its sole and absolute discretion, (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 firstname.lastname@example.org. 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 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact us at email@example.com.