ChooseYourEvent.com: Terms of Use
Welcome to Chooseyourevent.com! The following are terms of use that govern the use of www.chooseyourevent.com or www.chooseyourvenue.com (each, the “Website”) and the services of Chooseyourevent.com Inc., (the “Company,” “we,” or “us”). By assessing or using the Company services, Website and software, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service. These Terms and Conditions affect your rights and liabilities under the law. Do not register for or use the Website if you do not agree to these Terms and Conditions and our Privacy Policy (found at: http://www.chooseyourevent.com/privacypolicy.asp).1. PERMITTED USE
Generally. The Website is provided to you for your personal use subject to these Terms and Conditions. You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review event and promotional information, for personal use, or to schedule an event, unless otherwise specifically authorized by the Company to do so.
Conditions of Use. As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to schedule legitimate events for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the events you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have a Chooseyourevent.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
2. AMENDMENTS
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. Any changes will be notified to you via the e-mail address provided by you or via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
3. REGISTRATION
Generally. You do not have to register in order to visit the Website. To access certain features of the Service, though, you will need to register with the Company.
Obligation. By registering, you become obligated to inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Consent to Communications. By registering and providing the Company your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
4. TRANSFER OR ASSIGNMENT
You may not transfer or assign any of your rights under these Terms and Conditions to any other person. We may transfer or assign our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
5. EQUIPMENT
Hardware. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. We are not liable for any damages to your equipment resulting from the use of this Website.
Your Browser. The Company requires that you use an SSL (Secure Sockets Layer) compliant browser. SSL is a protocol that allows your personal computer to establish a secure connection to our Internet server. Although every care has been taken to ensure the site works on as wide a range of systems as possible, we recommend using a modern browser for optimal results, such as Firefox 3, Chrome or Internet Explorer 7 or higher. SSL uses encryption techniques that turn all information transmitted into a series of unrecognizable numbers as the information travels through the Internet. Our servers turn the meaningless numbers into recognizable information after the secure connection has been made. SSL also utilizes the additional protection of a digitally signed certificate that assures you that you are communicating with the Service.
6. WEBSITE AVAILABILITY
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7. INTELLECTUAL PROPERTY
Contents. Everything located on or in this Website is the exclusive property of the Company or used with express permission of the copyright and/or trademark owner. This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
Restrictions. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company or the copyright owner is permitted. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS STRICTLY PROHIBITED. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated.
Permitted Use. You may download, print, and/or save copyrighted material for your personal use only. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. By using this Website, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Violations. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
8. USER CONTENT
User Content. Some areas of the Website may allow users to submit feedback, comments, questions, and other information other than ideas (“User Content”). User Content may include, but not be limited to, uploading your user profile, participating in chats, using bulletin boards, and providing ratings and reviews. You are solely responsible for your User Content that you submit, upload, display, link to or otherwise make available.
License Grant. By submitting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. The Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.
Control of User Content. When using the Website, you may chose to read or otherwise be exposed to User Content. Such contributions do not necessarily represent the view or opinions of the Company. The Company cannot preview User Content before it appears. The Company does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content. The Company is not liable or responsible for the intellectual property rights of or relating to such User Content. You agree and acknowledge that such User Content may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto as described more fully below, and agree to indemnify and hold the Company harmless to the fullest extent allowed by law regarding all matters relating to your use of the Website as described more fully below. Users can be held liable for any illegal or prohibited User Content they provide to the Website, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Website, please notify us at [email protected]. We will investigate your claim and may then take all actions we deem appropriate.
Prohibited User Content. This is a partial list of uses of this Website that are illegal or otherwise prohibited. You are responsible for our losses and costs resulting from your breach of this clause. If we discover or are informed that you have breached any of the following, your ability to upload User Content to the Website may be disabled and/or your account may be terminated. Such prohibited actions include, but are not limited to, use that is:
• Offensive to the online community, such as use that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Disseminating any information that you know is false, misleading, unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• Transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws or regulations;
• Harasses or advocates harassment of another person’s use or enjoyment of the Website;
• Making, transmitting or storing electronic copies of materials protected by copyright or trademark without the permission of the owner;
• Infringing on the Company’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature;
• Harmful to minors;
• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
• Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Displays pornographic or sexually explicit material of any kind;
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
If we discover or are informed that you have posted User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner, we may take all appropriate steps to remedy your noncompliance, including without limitation, disabling your ability to upload User Content, unless you provide us with a response notice of your right to upload such User Content in compliance with our Copyright Policy (See Section 14 below). If we discover or are informed that you continue to upload User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner after we have made reasonable efforts to disable your ability to do so, you will be considered a repeat infringer, and we will terminate your account and delete all data associated with your account; remove all of the User Content you have uploaded/submitted to the Website; and use its reasonable efforts to prohibit you from signing up for another User account in the future.
9. TERMINATE OR SUSPEND REGISTRATION
Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Website and Service and refuse to provide services to you, if (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other users of this Website, or us.
By You. You also have the option to cancel your registration at any time by informing us in writing at [email protected]. If you do so, you must stop using the Website. The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s statutory rights or liabilities.
Termination. We may terminate this Agreement or your access to the Website or Service at any time in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable.
10. LEGAL COMPLIANCE
The scheduling of events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
11. TRUTHFULNESS
You may be asked to provide information during various processes that you engage in on the Website. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of paying for events. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to plan events on the Website.
12. OUR RIGHTS
Our content. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents (granted and pending), trademarks, service marks, copyrights, photographs, audio, videos, music, Ideas and Aggregated Data (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Company Content or Company Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content, Company Intellectual Property Rights, materials or content accessible on the Service. Use of the Company Content and Company Intellectual Property Rights or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Your rights. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Service, including without limitation about how to improve the Service or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost for your reasonable out-of-pocket expenses, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Ideas. You should not submit any Ideas to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
13. DEEP LINKS
You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without our express written permission.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is: [email protected].
15. PRIVACY
We care about the privacy of our Users. Please see our posted Privacy Policy at:
http://www.chooseyourevent.com/privacypolicy.asp.
16. SECURITY
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
17. RELEASE AND LIMITATION ON LIABILITY
You agree and understand that the Company advertises the services of third parties and otherwise provides a service through which you may more easily search and access such third party services. However, you agree and understand that the Company does not provide, oversee or have any connection with the actual experiences you may have with those third party service providers, unless otherwise disclosed on the Website. You agree not to hold the Company responsible for the acts, omissions of those third parties advertised on the Website or any losses you may experience as a result of doing business with any third party advertised on the Website.
Furthermore, as a condition of access to the Website, you fully waive and release the Company’s shareholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site, other users’ use of the Website, User Content posted on the Website, any interactions you have with the third parties whose services are advertised on the Website, and any dispute you have or claim to have against the Company and its affiliates or one or more users on the Website.
18. DISCLAIMERS
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. THE COMPANY MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY EVENTS OR OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE OR USE OF THE COMPANY’S SERVICE.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CHOOSEYOUREVENT.COM USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE COMPANY’S SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE AND/OR THE COMPANY’S SERVICE.
THE COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE EVENT.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to the Company at [email protected]. The company may investigate the claim and take appropriate action, in its sole discretion.
19. INDEMNIFICATION
You agree to defend and indemnify the Company and our respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this Website.
20. THIRD PARTY WEBSITES
The Website includes links to other web Websites with its own content and material. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. The Company is not responsible for content on any site outside the Website.
21. ADVERTISING AND SPONSORSHIP
We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material. You must verify all details with the third party advertiser. Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. The Website acts as a referral Website (and not as an agent) for third parties that advertise their goods and/or services on our Website. Any contracts for services will be made directly between you and the relevant Third party advertiser. Any goods and/or services advertised on the Website by third parties are subject to confirmation of price and availability from the relevant third party advertiser. Any complaints relating to the goods and/or services advertised on this Website or the third party from which those goods and/or services have been purchased must be made to the relevant third party advertiser. Whilst we make every effort to vet advertisers and sponsors on the Website their inclusion does not and is not intended to constitute either an express or implied endorsement by the Company of the services they offer.
22. APPLICABLE LAW
Governing Law. The validity, interpretation and effect of this Agreement shall be governed by the laws of the State of Illinois, excluding the “conflicts of laws” rules thereof. Any litigation arising out of or relating to this Agreement shall be filed and pursued exclusively in the State or Federal courts encompassing Cook County in the State of Illinois, and the parties consent to the jurisdiction of and venue in such courts.
Arbitration. For any claim (excluding claims for violations of confidentiality, intellectual property, rights of publicity and privacy, or otherwise claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Web Site, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by the Company via the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
23. INTERNATIONAL USE
We make no promise that materials on the Website are appropriate, available, or legal for use in locations outside the United States and Canada, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the United State and Canada, you do so on your own initiative and are responsible for compliance with local laws. If you wish to access this website in the United Kingdom, please visit us at http://www.chooseyourevent.co.uk.
24. CONTACT US
If you have any questions about these Terms, please contact us at [email protected].
