Welcome to EventTitans. EventTitans (the “Service”) helps organizers of
professional events to manage and promote their event experience, including
communications, analytics, ticketing, polling and reporting capabilities. Event goers
use EventTitans to discover, register to and experience events.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE DOWNLOADING, INSTALLING
AND/OR USING THE SERVICE.
By using the Service, clicking the “accept” or “ok” button, and using
the EventTitans Service you expressly acknowledge and agree that you are entering into a
legal agreement with EventTitans LLC. (“EventTitans”, "we”, “us” or “our”), and have
understood and agree to comply with, and be legally bound by, the terms and conditions
of this EventTitans End User Terms of Service (“Agreement”). You hereby waive any
applicable rights to require an original (non-electronic) signature or delivery or
retention of non-electronic records, to the extent not prohibited under applicable law.
If you do not agree to be bound by this Agreement please do not register and/or use the
Service.
1. Ability to Accept.
You represent and warrant that you are of legal age and otherwise
competent to enter into this Agreement in your jurisdiction and, if you are entering
into this Agreement on behalf of an entity, that you are authorized to enter into this
Agreement on behalf of such entity.
2. License.
Subject to the terms and conditions of this Agreement, we hereby grant
you a personal, revocable, non-exclusive, non-sub licensable, non-assignable,
non-transferable license (“License”) to: (i) use the Service in connection with events
you participate in; (ii) use the Service on a mobile telephone, tablet, computer or
device (each, a “Device”) that you own or control; and (iii) access and use the Service
on that Device in accordance with this Agreement and any applicable Usage Rules (as
defined below).
3. License Restrictions.
You agree not to, and shall not permit any third party to
(i)
sublicense, redistribute, sell, lease, lend or rent the Service;
(ii) disassemble, reverse engineer, decompile, or decrypt the
Service; (iii) copy (except for backup purposes), modify, improve or
create derivative works of the Service or any part thereof; (iv)
circumvent, disable or otherwise interfere with security-related features of the Service
or features that prevent or restrict use or copying of any content or that enforce
limitations on use of the Service; (v) remove, alter or obscure any
proprietary notice or identification, including copyright, trademark, patent or other
notices, contained in or displayed on or via the Service; (vi) use
any communications systems provided by the Service to send unauthorized and/or
unsolicited commercial communications; (vii) use the EventTitans name,
logo or trademarks without our prior written consent; and/or (viii)
use the Service to violate any applicable laws, rules or regulations, or for any
unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that
breaches this Agreement.
4. Account
In order to use some of the Service features, you may have to create or
use an account (an “Account”). If you create an Account, you must provide accurate and
complete information for yourself. You are solely responsible for the activity that
occurs in your Account, and you must keep your Account password secure. You must notify
us immediately of any unauthorized use of your Account. You acknowledge and agree that
information you provide in the course of creating an Account, joining an event community
or registering for an event or use of the Service, including but not limited to, name,
email address, phone number, physical address, and employer, may be provided to and
maintained by the Organizer, whether or not you complete the registration process, and
may be used by the Organizer in connection with the event or future events or other
products and services. Accounts with two months inactivity will be deleted from our
database and to access our product, or products, or services, it is mandatory for all
account holders to maintain a valid email status all the time.
5. Usages Rules.
If you are using the Service from a third party mobile device platform
or service provider (“Distributor”), please be aware that the Distributor may have
established usage rules which also govern your use of the Service (“Usage Rules”). We
specifically refer to the Usage Rules of certain Distributors below in the section below
entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be
applicable depending on where the Service has been used from. You acknowledge that,
prior to using the Service, you have had the opportunity to review and understand, and
will comply with, its Usage Rules. The Usage Rules that are applicable to your use of
the Service are incorporated into this Agreement by this reference. You represent that
you are not prohibited by any applicable Usage Rules and/or applicable law from using
the Service; if you are unable to make such a representation you are prohibited from
installing and/or using the Service. You agree that any right to refund under the Usage
Rules shall not apply to fees you pay for the events you sign up for using the Service.
6. Location of Data.
Certain features or functionality (“Features”) of the Service may
collect or be dependent on data related to your geographic location (“Location Data”).
If you wish to use these Features, you agree to provide or to make your Location Data
accessible to us. To the extent that we do collect Location Data, we shall use it in
accordance with our Privacy Policy (as defined below). If you do not provide or make
such Location Data accessible then the Features may be limited or not operate.
7. Use of the Service in a Vehicle.
If you are using the Service in a vehicle, you agree:
(i)
to comply with all applicable traffic laws; and (ii)
if you are the driver, not to use the Service unless your vehicle is stationary and
legally parked.
8. Third Party Sources and Content.
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8.1
The Service enables you to view, access, link to, and use content from
Third Party Sources (as defined below) that are not owned or controlled by us
(“Third Party Content”). The Service may also enable you to communicate and interact
with Third Party Sources. “third Party Source(s)” means: (i)
third-party websites and services; and (ii) our partners and
customers.
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8.2
We are not affiliated with and have no control over any Third Party
Sources. We do not assume any responsibility for the content, terms of use, privacy
policies, actions or practices of, any Third Party Sources. Please read the terms of
use and privacy policy of any Third Party Source that you interact with before you
engage in any such activity.
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8.3
We are not responsible for, and we expressly disclaim all warranties
regarding, the accuracy, appropriateness, usefulness, safety or Intellectual
Property Rights (as defined below) of, or relating to, any Third Party Content.
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8.4
We do not endorse any advertising, promotions, campaigns, products,
services or other materials that are included in any Third Party Content or that is
communicated to you from a Third Party Source.
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8.5
By using the Service you may be exposed to Third Party Content that is
inaccurate, offensive, indecent or objectionable. You always have the choice of
deciding whether or not to interact with a Third Party Source or to view and use
Third Party Content. Your interaction with a Third Party Source and your use of, and
reliance upon, any Third Party Content is at your sole discretion and risk.
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8.6
You are solely responsible and liable for your interaction with a Third
Party Source. You agree to waive, and hereby do waive, any legal or equitable rights
or remedies you may have against EventTitans, and release EventTitans from any and
all liability, arising from your use of and interaction on any Third Party Content
and from your interaction with any Third Party Source. If you have any query or
complaint regarding a Third Party Source or any Third Party Content, you agree to
contact the Third Party Source directly.
9. Messages.
The Service may permit you to send messages (including via email) to a
Third Party Source or to other Service users (“Messages”). You are solely responsible
for your Messages and the consequences of sending them, and you agree to hold us
harmless, and expressly release us, from any and all liability arising from your
Messages. You grant us a worldwide license to use, store and reproduce your Messages for
the limited purpose of facilitating sending them to your designated recipients (and we
may also use the tools, services of third party service providers to facilitate the
sending of Messages to your designated recipients). You represent and warrant that you
own or have the necessary rights and permissions to use all of the Intellectual Property
Rights in and to your Messages and to grant the foregoing license to us. You retain all
of your ownership rights in your Messages. You acknowledge and agree that the provisions
of Section 10 (User Submissions) below shall also apply to Messages that you send via
the Service.
10. User Submissions.
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10.1
The Service may permit the hosting, sharing, posting and publishing of
content by you and other users (“User Submissions"). Your User Submissions may be
posted to the Service, or otherwise, be made publicly available. You understand that
whether or not such User Submissions are published, we do not guarantee any
confidentiality with respect to any User Submissions. You shall be solely
responsible for your User Submissions and the consequences of posting or publishing
them. We have complete discretion whether to publish your User Submissions and we
reserve the right without further notice to you, to monitor, censor, edit, remove,
delete and/or remove any and all User Submissions at any time and for any reason.
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10.2
Ownership. You represent and warrant that you own or have the necessary
rights and permissions to use and authorize us to use all Intellectual Property
Rights in and to your User Submissions and to enable inclusion and use thereof as
contemplated by this Agreement. You retain all of your ownership rights in your User
Submissions.
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10.3
License to User Submissions. Subject to this Agreement and the terms of
our Privacy Policy, by submitting the User Submissions, you hereby grant us a
worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use,
reproduce, distribute, prepare derivative works of, display and perform the User
Submissions only in connection with the Service, including without limitation for
redistributing part or all of your User Submissions (and derivative works thereof),
and you hereby waive any moral rights in your User Submissions, to the extent
permitted by law.
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10.4
Exposure. You understand and acknowledge that when accessing and using
the Service: (i) you will be exposed to User Submissions from a
variety of sources and that we are not responsible for the accuracy, usefulness,
safety or Intellectual Property Rights of, or relating to, such User Submissions;
and (ii) you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do
waive, any legal or equitable rights or remedies you may have against us with
respect to (i) and (ii) herein.
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10.5
Disclosure. We reserve the right to access, read, preserve and disclose
any User Submission or any other information that we obtain in connection with the
Service as we reasonably believe is necessary to (i) satisfy any
applicable law, regulation, legal process, subpoena or governmental request;
(ii) enforce this Agreement, including investigation of potential
violations of it; (iii) detect, prevent or otherwise address fraud,
security or technical issues; (iv) respond to your user support
requests; or (v) protect the rights, property or safety of
EventTitans, our users or the public.
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10.6
Prohibited Content. You agree that you will not send, display, post,
submit, publish or transmit a User Submission or Message that: (i)
is unfair or deceptive under the consumer protection laws of any
jurisdiction; (ii) is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights; (iii) creates a
risk to a person’s safety or health, creates a risk to public safety or health,
compromises national security, or interferes with an investigation by law
enforcement; (iv) impersonates another person; (v)
promotes illegal drugs, violates export control laws, relates to illegal gambling,
or illegal arms trafficking; (vi) is unlawful, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, gives
rise to civil liability, violates any law, or is otherwise dishonest, inaccurate,
inappropriate, malicious or fraudulent; (vii) involves theft or
terrorism; (viii) constitutes an unauthorized commercial
communication; (ix) contains the contact information or any
personally identifiable information of any third party unless you have first
obtained the express consent of said third party to include their contact
information or personally identifiable information; and/or (x)
breaches this Agreement.
11. Copyright Policy.
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11.1
Removal of Content. It is the policy of EventTitans to respect the
legitimate rights of copyright owners, and we will respond to clear notices of
alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17
U.S.C. Section 512 (the “DMCA”), EventTitans has designated a Copyright Agent (as
specified below) to receive notifications of claimed copyright infringement in
connection with: (i) the Service and/or (ii) the
websites that we operate. Please be advised that we enforce a policy that provides
for the termination in appropriate circumstances of Service users who are repeat
infringers. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide the Copyright Agent with the following
information in accordance with the DMCA:
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A.
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright;
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B.
A description of the copyrighted work you claim has been
infringed;
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C.
A description of where the material that you claim is infringing
is located on the Service, with enough detail that we may find it. Providing
URLs in the body of an email is the best way to help us locate content
quickly;
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D.
Your address, telephone number and email address;
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E.
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law;
and
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F.
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner’s behalf.
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11.2
Counter-Notification. If you believe that the material you posted was
removed from the Service by mistake and that you have the right to post the
material, you may elect to send us a counter-notification. To be effective the
counter-notification must be a written communication provided to our Copyright Agent
that includes substantially the following (please consult your legal counsel or see
the Digital Millennium Copyright Act, 17 U.S.C. (the “Copyright Act”) Section
512(g)(3) to confirm these requirements):
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A.
Your physical or electronic signature;
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B.
Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled. Providing URLs in the
body of an email is the best way to help us locate content quickly;
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C.
A statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
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D.
Your name, address and telephone number, and a statement that you
consent to the jurisdiction of the Federal District Court for the judicial
district in which the address is located, or if your address is outside of
the United States, for any judicial district in which EventTitans may be
found, and that you will accept service of process from the person who
provided notification of infringement or an agent of such person.
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11.3
Misrepresentations. Please note that under Section 512(f) of the
Copyright Act, any person who knowingly materially misrepresents that material or
activity is infringing or was removed or disabled by mistake or misidentification
may be subject to liability.
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11.4
Copyright Agent. EventTitans’s agent for notice of claims of copyright
infringement (“Copyright Agent”) can be reached as follows:
- Name: EventTitans
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Address: 566 Peachtree Parkway, Ste 120, Cumming GA 30041
- Telephone: +1-678-999-3323
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Email: info@eventtitans.com
12. Intellectual Property Rights.
Ownership. The Service is licensed and not sold to you under this
Agreement and you acknowledge that EventTitans and its licensors retain all title,
ownership rights and Intellectual Property Rights in and to the Service. We reserve all
rights not expressly granted herein to the Service. “Intellectual Property Rights” means
any and all rights, titles and interests in and to any and all trade secrets, patents,
copyrights, service marks, trademarks, know-how or similar intellectual property rights,
as well as any and all moral rights, rights of privacy, publicity and similar rights of
any type under the laws or regulations of any governmental, regulatory, or judicial
authority, whether foreign or domestic.
13. Content
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13.1
Content. The: (i) content on the Service which has
been provided by EventTitans, including without limitation, text, information,
documents, descriptions, products, graphics, photos, sounds, videos, interactive
features, and services (the “Materials”); and (ii) EventTitans’s
trademarks, service marks and logos contained therein (“Marks”, and together with
the Materials, the “EventTitans Content”); is the property of EventTitans and/or its
licensors and may be protected by applicable copyright or other intellectual
property laws and treaties. “EventTitans” and the EventTitans logo are Marks of
EventTitans and its affiliates. All other trademarks, service marks or logos used on
the Service are the trademarks, service marks or logos of their respective owners.
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13.2
Use of Content. The EventTitans Content is provided to you “as is” for
your personal use only and may not be used, copied, distributed, transmitted,
broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any
other purposes whatsoever without our prior written consent. If you download or
print a copy of the EventTitans Content you must retain all copyright and other
proprietary notices contained therein.
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13.3
Changes to EventTitans Content. We attempt to be as accurate as
possible. However, we cannot and do not warrant that the EventTitans Content is
accurate, complete, reliable, current or error-free. We reserve the right to make
changes in or to the EventTitans Content, or any part thereof without the
requirement of giving you any notice prior to or after making such changes to the
EventTitans Content.
14. Payments.
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14.1
The basic License granted hereunder is currently for free, however, we
may charge a fee for certain features and/or uses. You will not be charged for any
such uses of the Service unless you first agree to such charges, but please be aware
that any failure to pay applicable charges may result in you not having access to
some or all of the Service.
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14.2
Please be aware that your use of the Service may require and utilize
internet connection or data access. To the extent that third party service provider
or carrier charges for your internet or data usage are applicable, you agree to be
solely responsible for those charges.
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14.3
Payment information and payment methods provided by event organizers
(each, an “Organizer”) are specified and presented through the Service, within the
registration process to the applicable event, as set forth by the Organizer. If you
wish to purchase tickets through the Service (each such purchase, a “Transaction”),
you will be asked to supply certain information applicable to your Transaction,
including, without limitation, credit card information. You agree that all
information that you provide in connection with the Transaction will be accurate,
current and complete and consent to the disclosure, transmission and use of such
information as necessary to process the Transaction. You agree to pay all charges
incurred by you at the prices then in effect. You will also be responsible for
paying any applicable taxes relating to your Transactions. The sale or purchase of
tickets to entertainment 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 authorities and may provide them with any and all information
you submit to us to assist in any investigation or prosecution they may conduct. You
agree that you will only use credit cards belonging to you, friends, colleagues or
family members who expressly authorize such use, for the purpose of conducting
Transactions. You hereby grant EventTitans the right to provide any information you
submit to third parties for purposes of facilitating the completion of Transactions
initiated by you or on your behalf. Verification of information may be required
prior to the acknowledgement or completion of any Transaction.
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14.4
EventTitans collects event registration fees using Facilitated Payment
Modes (“FPM"), meaning that all monetary payments will be made to the Organizer
directly by you. Therefore, you and the Organizer have an independent relationship,
which is unrelated to this Agreement or to EventTitans, and are bound by the
applicable terms of use governing your agreement and the FPM service. Ticket
availability and the price per ticket for a certain event are determined by the
Organizer.
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14.5
Cancellation; Refunds Policy.
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14.5.1
Any Service charges towards the use of EventTitans platform are non
refundable.
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14.5.2
Before purchasing tickets, we ask you to carefully review your event
selection and review the cancellation policy, set forth by the Organizer. The ticket
prices, availability, cancellation and refund policy are determined by the Organizer
and are set forth throughout the registration process or within the cancellation
policy set forth by the Organizers. Your right to cancel a Transaction and to
receive any refund is subject to the Organizer’s cancellation policy. If no
cancellation policy was provided by the Organizer in connection with the
registration process, cancellation may not be possible and there may be no refunds
given. For all types of Transactions, it is the responsibility of the Organizer to
communicate its refund and cancellation policy to you and to issue you refunds via
the Service or otherwise. All communications or disputes regarding refunds are
between you and the Organizer, and EventTitans will not be responsible or liable in
any way for refunds, errors in issuing refunds, or lack of refunds in connection
with the Transaction. All communications and disputes regarding cancellations,
chargebacks and refunds are between you and the Organizer, and EventTitans will not
be responsible or liable in any way for chargebacks in connection with your use of
the Service for processing Transactions. If you wish to request a refund, you should
contact the applicable Organizer directly. You hereby agree that you will not
attempt to evade, avoid, or circumvent any refund prohibitions in any manner with
regard to tickets you purchased.
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14.6
Cancellation and Postponement. Occasionally, events are cancelled or
postponed. EventTitans is not liable for any damages caused to you, should this
occur. It is the Organizer’s responsibility to attempt to contact you to inform you
of refund or exchange procedures for the event. If the event was moved or
rescheduled, the Organizer may set refund limitations. EventTitans will not be
liable for travel or any other expenses that you or anyone else incurs in connection
with a cancelled or postponed event. Please contact the Organizer for more
information or to request a refund if you cannot attend the rescheduled event.
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14.7
Unlawful Resale of Tickets; Commercial Purposes. Unlawful resale (or
attempted resale), counterfeit or copy of tickets is grounds for seizure and
cancellation without compensation. In addition, EventTitans reserves the right to
restrict or deny ticket purchasing privileges to anyone that EventTitans determines,
in its sole discretion, to be in violation of any of the terms of this Agreement.
15. Privacy.
We will use any personal information that we may collect or obtain in
connection with the Service in accordance with this Agreement and our privacy policy
which is available at https://www.EventTitans.com/privacy (“Privacy Policy”), and you
agree that we may do so. Please also be aware that certain personal information and
other information provided by you in connection with your use of the Service may be
stored on your Device (even if we do not collect that information). You are solely
responsible for maintaining the security of your Device from unauthorized access.
16. Warranty Disclaimers.
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16.1
THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE
OF TRADE.
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16.2
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS
IN THE SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES
TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT
LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC
CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR
INTERNET PROVIDERS.
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16.3
IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE
ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A
DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
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16.4
Applicable law may not allow the exclusion of certain warranties, so to
that extent, such exclusions may not apply.
17. Limitation of Liability.
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17.1
UNDER NO CIRCUMSTANCES SHALL EventTitans BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA,
REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES,
THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE
OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF EventTitans HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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17.2
IN ANY EVENT, EventTitans’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES
AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT
FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCE
EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO EventTitans FOR USING THE
SERVICE (NOT INCLUDING ANY FEES PAID FOR TRANSACTIONS) WITHIN THE THREE (3) MONTHS
PRECEDING THE DATE OF BRINGING A CLAIM.
18. Indemnity.
You agree to defend, indemnify and hold harmless EventTitans and our
affiliates, and our respective officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs and
expenses (including but not limited to attorney’s fees) arising from: (i) your use of,
or inability to use, the Service, including but not limited to your User Submissions or
Messages; (ii) your violation of this Agreement; and (iii) your violation of any third
party right, including without limitation any Intellectual Property Right or privacy
right. Without derogating from or excusing your obligations under this section, we
reserve the right (at your own expense), but are not under any obligation, to assume the
exclusive defence and control of any matter which is subject to indemnification by you
if you choose not to defend or settle it. You agree not to settle any matter subject to
indemnification by you without first obtaining our express approval.
19. Export Laws.
You represent that you are not, and will not make the Services
available to, the resident of any embargoed country or a prohibited person under any
export control or anti-terrorism law, regulation or list. You agree to comply fully with
all applicable export laws and regulations to ensure that neither the Service, nor any
technical data related thereto is exported or re-exported directly or indirectly in
violation of, or used for any purposes prohibited by such laws and regulations.
20. Updates and Upgrades.
We may from time to time provide updates or upgrades to the Service
(each a “Revision"), but are not under any obligation to do so. Such Revisions will be
supplied according to our then-current policies, which may include automatic updating or
upgrading without any additional notice to you. You consent to any such automatic
updating or upgrading of the Service. All references herein to the Service shall include
Revisions. This Agreement shall govern any Revisions that replace or supplement the
original Service unless the Revision is accompanied by a separate license agreement
which will govern the Revision.
21. Term and Termination.
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21.1
This Agreement is effective until terminated by us or you. We reserve
the right, at any time, to (i) discontinue or modify any aspect of the Service;
and/or (ii) terminate this Agreement and your use of the Service with or without
cause, and shall not be liable to you or any third party for any of the foregoing.
If you object to any term or condition of this Agreement or any subsequent
modifications thereto, or become dissatisfied with the Service in any way, your only
recourse is to immediately discontinue use of the Service.
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21.2
Upon termination of this Agreement, you shall cease all use of the
Service. This Section 20.2 and Sections 12 (Intellectual Property Rights), 14
(Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity),
and 21 (Assignment) to 24 (General) shall survive termination of this Agreement.
22. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not
be transferred or assigned by you but may be assigned by EventTitans without restriction
or notification.
23. Modification.
We reserve the right to modify this Agreement at any time by sending
you a notification and/or publishing the revised Agreement on the Service. Such change
will be effective ten (10) days following the foregoing notification thereof, and your
continued use of the Service thereafter means that you accept those changes.
24. Governing Law and Disputes.
This Agreement shall be governed by and construed in accordance with
the laws of Georgia, USA without regard to its conflict of laws rules. You agree to
submit to the personal and exclusive jurisdiction of the courts located in Georgia, USA,
and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent
jurisdiction.
25. General.
This Agreement, and any other legal notices published by us in
connection with the Service shall constitute the entire agreement between you and
EventTitans concerning the Service. In the event of a conflict between this Agreement
and any of the foregoing, the terms of this Agreement shall prevail. No amendment to
this Agreement will be binding unless in writing and signed by EventTitans. 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 of any term of
this Agreement shall be deemed a further or continuing waiver of such term or any other
term, and a party’s failure to assert any right or provision under this Agreement shall
not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION
THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE
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