Last Updated: May 24, 2018
THESE TERMS OF SERVICE INCLUDE (1) AN ARBITRATION PROVISION (SECTION 22); (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST EVENTFORTE (SECTION 22); AND (3) A LIMITATION OF LIABILITY FOR ALL CLAIMS FOR DAMAGE AGAINST EVENTFORTE THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM. (SECTION 9) BY USING THE PLATFORM, YOU HEREBY AGREE TO THESE PROVISIONS.
You acknowledge and agree that EventForte may occasionally send you communications such as emails, both for commercial and transactional purposes, regarding your account or the Platform.
Should you provide consent, EventForte may send you short message service (“SMS”) messages in relation to your use of the Platform and for promotional purposes. Message and data rates may apply and EventForte is not responsible for any fees you may be assessed for subscribing to SMS messages.
It is important to note that opting out of SMS messaging may prevent you from receiving certain information EventForte may provide.
To communicate with EventForte, You can send EventForte an email at firstname.lastname@example.org or You can contact EventForte at:
P.O. Box 3681
Los Altos, CA 94024
EventForte may, in its sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time. If you are not 18 years old or the age of majority as the jurisdiction you are in defines as such, this agreement can only be entered into on your behalf by your parent or other person who is lawfully entitled to give consent on your behalf such as a legal guardian. This contract provision is null and void where prohibited by law and the right to use EventForte’s Platform is revoked in such jurisdictions.
You acknowledge, agree, and consent to the use of a keyboard, mouse, touchscreen or other electronic device to select an item, button, icon or similar act/action while using any electronic service we offer within the Platform; or in accessing or making any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree no certification authority or other third party verification is necessary to the validity of your electronic signature; and the lack of such certification or third party verification will not in any way affect the enforceability of your signature or the resulting contract between you and EventForte.
You may view certain content as an unregistered visitor to the Platform. However, to use many aspects of the Platform, you must first register to create an EventForte account (hereinafter, a “User Account” or a “User”).
You must register an account to access and use certain features of the Platform, such as accessing EventForte’s event management application. You can register an account using an email address and creating a password. You may also have the ability to create an account using certain third-party social networking services, such as Facebook (“SNS Account”).
4.1. User Accounts. You must be a registered User with EventForte to access certain elements of the Platform. You are responsible for keeping your password safe and secure. You will be solely responsible and liable for any activity that occurs under your user name. You are also prohibited from sharing your password and you ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted).
Except where provided otherwise on an order form, Users are limited to You or, in the case of multi-user accounts, Your employees and/or independent contractors acting as temporary employees. Said temporary employees can only use the Platform for events related to Your account.
4.2. Referral Program. EventForte may provide credits to a User for referring others to the Platform (“Referral Program”). Subject to your compliance with the Terms, EventForte may provide you discounts or temporary free subscriptions (“Subscription Credits”) within the Platform if you meet the Referral Program requirements (as in force at that time) for your country. You can find out (among other things) how many friends you need to invite, the amount of the referral credits you will be entitled to and the conditions attached to the Referral Program.
You may use the Referral Program by sharing a unique link or by providing email addresses to EventForte. Provided you meet the requirements (as in force at that time) more than once, you are entitled to Subscription Credits each time you meet such requirements. You must be a User to use the Referral Program.
You may only use the Referral Program in good faith and for lawful purposes. You may not:
EventForte may require identification documents from you prior to providing you with referral credits. EventForte shall not be in breach of this Agreement (nor have any obligation to provide Subscription Credits) if you do not (in EventForte’s sole and absolute discretion) provide the identification documents requested by EventForte. You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.
Abuse of any of these terms in EventForte’s sole and absolute discretion shall constitute a breach of the Terms. Should such a breach occur, EventForte may take such actions as EventForte deems appropriate such as termination of this Agreement, closing your account(s), closing third party account(s), and suspending you from the Referral Program.
EventForte may discontinue, cancel, or modify the Referral Program at any time in EventForte’s sole discretion, for which you shall hold EventForte harmless should you experience any loss or damages due to your participation in the Referral Program. In such an event, you shall not hold EventForte responsible for any loss or damages due to your ability to receive credits
4.3. California residents Legal Notice under California Civil Code section 1789.3. Under California Civil Code section 1789.3, Users who are California residents are entitled to the following specific consumer rights information:
Pricing Information: Current rates for our Platform may be obtained by email to email@example.com.
For any complaints, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814.
5.1. INDEMNIFICATION. YOU AGREE TO RELEASE, DEFEND (AT EVENTFORTE’S OPTION), INDEMNIFY AND HOLD EVENTFORTE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR BREACH OF THESE TERMS, (II) YOUR IMPROPER USE OF THE PLATFORM, (III) YOUR INTERACTION WITH ANY USER, INCLUDING WITHOUT LIMITATION ANY INJURIES, LOSSES OR DAMAGES (WHETHER COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH INTERACTION, STAY, PARTICIPATION OR USE, OR (IV) YOUR BREACH OF ANY LAWS, REGULATIONS, OR THIRD PARTY RIGHTS.
5.2. Your Use and Conduct. The Platform is made available to you for personal or commercial use. Such use must be in compliance with all applicable laws and rules and regulations of the applicable jurisdiction and must not infringe or violate third party rights.
Any unauthorized use of the Platform is a violation of this Agreement and potentially federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Examples of unauthorized activities on the Platform include:
6.1. CAN-SPAM. You are responsible for complying with the CAN-SPAM federal regulation and any applicable state and international regulations. Failure to adhere to Federal CAN-SPAM guidelines may result in investigation and damages. As elucidated in Section 5, you agree to indemnify, defend (at EventForte’s option), and hold harmless EventForte and its affiliates and subsidiaries, and their officers, directors, employees and agents from any and all costs, damages (whether compensatory, special, direct, incidental, consequential or otherwise), losses, claims and lawsuits, including attorneys’ fees, liability (to third parties or otherwise), and expense arising from or related to your data, your use of the Platform, or your violation of these terms including violations of the CAN-SPAM federal regulation.
6.2. Communications Decency Act. EventForte is deemed a provider of “interactive computer services” as defined by the Communications Decency Act. 47 U.S.C. Section 230. Pursuant to this law, EventForte is not responsible for User content. Therefore, EventForte’s liability for causes of action such as defamation, libel, product disparagement, and others arising out of user content is limited. EventForte does not warrant the accuracy of such User content and does not assume legal responsibility or liability for any User content including responsibility or liability for investigating or verifying the accuracy of user content.
6.3. Other Regulations. You additionally agree to abide by all tax regulations, planning laws, zoning laws, permits (e.g. filming permits) and all covenants or restrictions applicable to any premises or restrictions applicable to your jurisdiction. With regard to European users, you may be required to provide information to assist EventForte in collecting VAT or other indirect taxes, or evidence of your exemption from such taxes.
7.1. EventForte Subscription. Any fees which EventForte may charge you for the use of the Platform may be as set out on the Platform or in an order form at the time of purchase for the subscription type (“Subscription Type” - e.g. a Plus Account, Professional Account, Team Account), are due immediately (unless an order form states otherwise) and non-refundable. This refund policy shall apply at all times regardless of your decision to terminate your usage, EventForte's decision to terminate your usage, disruption caused to our Platform, or any reason whatsoever.
By default all Subscription Types unless stated otherwise in writing have auto renew as a feature. If You have a Subscription Type with an auto renewal as a feature, you authorize EventForte to maintain your account information and charge that account automatically upon the renewal of the subscription type you choose with no further action required by you. In the event that EventForte is unable to charge your account as authorized by you when you enrolled in an auto-renewing subscription, EventForte, may, in its sole discretion: (i) bill you for your previously selected subscription type and suspend your access to the Platform until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
In addition to the price due for your Subscription Type, if there are delinquent amounts or chargebacks associated with your payment, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
If EventForte is unable to collect any amounts due via your selected payment method, you authorize EventForte to charge any other payment methods on file in your EventForte account (unless you have previously removed the authorization to charge such payment method(s)). In addition to other remedies EventForte may have due to Your failure to pay any amounts when due, You shall pay EventForte a late payment charge equal to 1.5% per month (or the highest rate permitted by law, if lower), along with all costs and expenses, including reasonable attorneys’ fees EventForte incurs in collecting such amounts.
7.2. Currency Conversion. EventForte may, in its sole discretion, round up or round down amounts that are payable from Users to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, EventForte may round up an amount of $103.50 to $104.00, and round down on an amount of $103.49 to $103.00. For currencies that are denominated in large numbers, EventForte may determine the functional base unit in which those currencies are denominated to be 10, 100, or 1000 of the currency; for example, EventForte may round up an amount of 1145 up to 1150 and 1144 down to 1140 if the currency is denominated base 10.
Some banks and credit card companies impose fees for international transactions. If you are making a payment from outside of the United States on a credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. Should such an event occur, you hereby understand that a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your payment, please contact your bank. You agree and acknowledge that EventForte is not responsible for any fees from your banking institution as a result of this currency exchange.
7.3. Promotional Offers and EventForte Deals. EventForte, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. EventForte may change the fees for our Platform as EventForte deems necessary for EventForte’s business at any time.
7.4. Expenses If You have purchased consulting or any other such services that require onsite training, upon Your approval and subject to any conditions set out, You shall reimburse EventForte for all reasonable out of pocket expenses including travel thirty (30) days from the date an invoice is generated by EventForte. All such expenses, however, must be pre-approved by You prior to the incursion of such expenses by EventForte.
7.5. Reconnection Fee In the event You are suspended from Your account for any reason caused by You and You wish to renew Your access to the Platform, EventForte reserves the right to impose a reconnection fee not to exceed $400.
EventForte will not, under any circumstances, issue any cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately at firstname.lastname@example.org. If we determine that the charges were made in error, we will credit your account or credit card account for the appropriate amount. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EVENTFORTE, NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, OR ANY LOSS OF DATA, LOST PROFITS, SAVINGS, BUSINESS OR REVENUE, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, DISTRIBUTION, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM, EVEN IF EVENTFORTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE PLATFORM, (III) OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVENTFORTE 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. WITHOUT PREJUDICE TO OR LIMITING OF EVENTFORTE’S RIGHT TO RECEIVE PAYMENT FOR ACCESS TO AND USE OF THE PLATFORM, EVENTFORTE’S ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (A) $1000, OR (II) THE FEES PAID TO EVENTFORTE HEREUNDER IN THE 12 (TWELVE) MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER IN ITS ESSENTIAL PURPOSE.
EventForte promotes the DreamForte Program, which allows for special academic licenses.
To users of the academic licenses (“Licensees”), EventForte grants Licensee access to such academic licenses solely for educational purposes directly related to Licensee's coursework at university ("Educational Purposes"). Any other use, including any use in connection with Licensee's employment outside of the university, any student internship or externship, and any commercial purpose, is prohibited. User may transfer and store temporarily insubstantial amounts of downloaded EventForte data solely for Educational Purposes. Access to certain features and databases may be restricted by EventForte. EventForte charges incurred through use of the account for Educational Purposes are waived during the term of this license. EventForte reserves the right to collect from Licensee all EventForte charges or fees incurred through use of the account for purposes other than Educational Purposes at the then-current commercial EventForte rates.
To see other terms related to the DreamForte Program, go here.
11.1. General You acknowledge that EventForte owns all right, title and interest in and to the Platform, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Platform. Such rights derive from any of EventForte’s copyrights, trademarks, patents, trade dress, and any other such intellectual property rights that EventForte may have with regard to its Platform.
Additionally, you acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner EventForte’s company name(s), logos, trademarks, product names, and/or service names.
All trademarks not the property of EventForte are the property of their respective owners. The use of any such trademarks by EventForte is not meant to constitute affiliation, endorsement, or approval by such company with or for EventForte or the Platform.
11.2. Use Of Marks And Identification You agree that EventForte may identify You as a User of the EventForte Platform and may use Your name, logo, trademarks, trade names, and other similar identifying material in EventForte’s customer list, blog posts, press releases, advertisements, and websites. This section 11.2 shall survive termination of this Agreement.
12.1. Usage Disclaimer. EventForte provides services and software affiliated with the hospitality industry but is in no way a hospitality provider such as a hotel or venue (collectively, all hospitality providers such as hotels will be referred to as “Venues”). Specific spaces within a Venue such as a ballroom, meeting room, or a break up space shall be known collectively as “Room(s)”.
Except where claimed pursuant to Section 11, EventForte therefore claims no right to the intellectual property regarding the names of the various Venues, and the names of the rooms of the various Venues displayed in any of EventForte’s products and software. The display of any Venue name or any Room of any Venue does not imply an endorsement from any person, entity (like a hotel), or organization.
We therefore do not claim Venue names and Room names as our intellectual property in any way, shape, or form.
Within the Platform, Users may have the ability to create diagrams of Venues, place virtual furniture, and engage in User generated content. EventForte does not verify the accuracy of the dimensions of the diagrams, nor does EventForte guarantee the accuracy of the dimensions of the virtual furniture. In other words, EventForte does not guarantee that anything within the Platform resembles, in actuality, the real life measurements, dimensions, or likeness of any Venue or Room. It is possible, even, that a Venue which exists in the Platform, including available email addresses, phone numbers, and photos, may be incorrect, no longer exists, or have never existed. Additionally, any documents the Platform generates such as a generated PDF of the Venue or Room in question may not be accurate.
EventForte additionally does not claim that any Venue or Room measurements, or anything placed within the Platform would be allowable by applicable federal, state, or local laws or regulation (e.g. zoning laws or fire code safety regulations). All Users are responsible (and EventForte is not responsible) for making sure all planning done within the Platform would be allowable by all applicable laws and regulations.
12.2. Earnings Disclaimer. Occasionally, EventForte may make claims regarding the Platform (e.g. time saving) or certain services such as EventForte’s hospitality consulting services (“Hospitality Services”) that EventForte may be offering.
Every reasonable effort has been made to accurately represent the effects of the Platform and/or Hospitality Services.
There is, however, no guarantee that the Platform and/or Hospitality Services will help you earn any money. The Platform and/or the Hospitality Services and the techniques provided through the Platform and/or Hospitality Services are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the specific needs of each party, person, or entity using EventForte’s Platform and/or Hospitality Services. EventForte does not, for instance, claim that the Hospitality Services or the Platform are “get rich quick schemes.”
Your level of success in attaining the desired results through the Platform and/or the Hospitality Services depend on the time you devote to the ideas and techniques discussed in the Platform and Hospitality Services, your finances, knowledge and various skills. Since these factors differ according to every party, person, or entity, EventForte cannot guarantee your success or income level. Nor is EventForte responsible for any of your actions.
Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to others. In fact no guarantees are made that you will achieve any results from our ideas and techniques from the Platform and/or Hospitality Services.
12.3. Informational Disclaimer The content on the pages of the Platform may contain information related to the hospitality industry or other industries (e.g. blog posts). The content is for general information only. Content may change, be updated at any point without any notice. None of the facts or opinions on the Platform are given with the intent to substitute advice from professionals, where applicable. It is possible that the information provided on the Platform or a linked website is inaccurate, may contain typographical errors, or may be out of date. You agree that EventForte shall not be liable for any such inaccuracies, typos, or any other errors on the Platform. EventForte is also under no obligation to update or correct any information.
For the sake of clarification, nothing on the Platform (e.g. blog posts, tutorials, webinars, etc.) should be construed as legal advice. Rather, all content is for informational purposes only. You and EventForte do not have an attorney-client relationship nor does any information contained on the Platform attempt to create an attorney-client relationship between You and EventForte.
12.4 Product Recommendations Throughout the Platform, EventForte may provide recommendations for third party products such as third party websites (e.g. such as on blogs). EventForte makes no warranty about such products and disclaims all responsibility regarding their efficacy in aiding You. Use of such third party products may additionally subject you to the terms and conditions and privacy policies of such third party products.
13.1 Software License The software EventForte provides and any documentation are licensed and not sold to you. This Agreement grants you a personal, revocable, non-exclusive, non-transferable license that permits you to use the Platform solely in connection with the services EventForte provides, to access and use such services, and for no other purposes. You may not copy, reproduce or distribute the software EventForte provides. You agree to not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the software EventForte provides or your entitlement to use the services EventForte provides.
13.2 Data License EventForte may provide as part of the Platform software or services which provide for You data, reports, analysis, or other output (“Output Data”) developed by or on behalf of You that are derived from EventForte’s existing data. You agree that such Output Data is granted to You as a limited, non-exclusive, non-transferable license. Such Output Data is strictly for Your internal business use only and not for resale or further distribution or to provide services to any third party.
The Software EventForte provides may include the ability to automatically check for upgrades and updates to the Platform provided. You agree that EventForte may make such updates or upgrades available to you from time-to-time. Such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Platform EventForte provides is expressly provided to you under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
The service EventForte offers is provided only for your own personal or team use if your Subscription Type allows for more than one User. You are responsible for all of your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Platform that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity (and “Intellectual Property Right”), (ii) violates any law or contractual duty or that you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by EventForte in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities and/or sales without EventForte’s prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of EventForte or any third party; (vii) or impersonates any person or entity, including any employee or representative of EventForte. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by EventForte in its sole discretion) an unreasonable or disproportionately large load on EventForte’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services EventForte provides or any activities conducted on the services EventForte provides; (iii) bypass any measures EventForte may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); or (iv) run any form of auto-responder or “spam” on the services EventForte provides. You also agree that you will only use the Platform EventForte provides in accordance with this Agreement and all applicable laws.
Normal carrier charges and taxes may apply to any of Software and Services you access from the EventForte website or from mobile applications. EventForte is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the EventForte website or mobile applications. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use the Platform. In the event you change or deactivate your mobile telephone number, you are required to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number. Any damages EventForte may incur due to your failure to inform EventForte of such a change in phone number shall be covered by EventForte’s indemnification policy pursuant to Section 5 of these Terms.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any aspect of the Platform for any reason—or to attempt or assist another person to do so.
You own the rights to anything You post (Your “User Content”) to the Platform, including text, diagrams, and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, display, transmit, distribute, publish, sublicense, copy, store, provision into and/or reproduce , and create derivative works from all User Content You provide to EventForte, in any media now known or hereafter devised, as part of the Platform or any other EventForte products.
Furthermore, by transmitting any message, communication, information or data including photos, contact information, diagrams, and any other User Content You grant EventForte and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content to collect, use, store, handle, reproduce, display, perform, and transmit such User Content for the purpose of providing the services EventForte provides. You represent and warrant, and can demonstrate to EventForte’s full satisfaction upon request that You (a) own or otherwise control all rights to all User Content, or that the User Content is in the public domain, (b) You have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this agreement, and (c) You are authorized to grant all of the aforementioned rights to the User Content to EventForte.
Additionally, EventForte may use, display, transmit, distribute, copy, store, provision into and/or reproduce any User Content as part of the Platform as well as in other EventForte products.
You agree that EventForte, in its sole discretion, additionally has the authority to remove any User Content if in EventForte’s sole opinion, the User Content is inaccurate, vulgar, defamatory, or otherwise inappropriate. If You believe that User Content You find on the Platform is inappropriate or otherwise inaccurate, please let EventForte know at email@example.com.
EventForte wishes to continually expand its services. EventForte welcomes any ideas, suggestions, or feedback, related to its software or services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide EventForte with any Ideas, whether orally, in writing, or in any other way, you grant EventForte a non-exclusive, transferable, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell Ideas as part of EventForte’s technology, products or services. You shall not knowingly provide EventForte with any Ideas that is subject to third party intellectual property rights or that includes or reveals any confidential information of any person.
Similar to how you may give EventForte suggestions, it is also possible that EventForte may give you suggestions regarding use of the Platform. You agree and acknowledge that such suggestions made by EventForte are not requirements, but merely advice given by staff at EventForte for use of the Platform. You agree that any loss you may incur due to suggestions made by EventForte are yours to bear.
You additionally acknowledge that any ideas or suggestions you may provide are not confidential for which you disclaim all rights (intellectual property rights and otherwise) in said ideas and suggestions.
YOUR ACCESS TO AND USE OF THE SERVICES AND SOFTWARE PROVIDED BY EVENTFORTE ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND SOFTWARE (INCLUDING THE CONTINUOUS RUNNING OF EVENTFORTE’S PLATFORM) EVENTFORTE PROVIDES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES AND SOFTWARE EVENTFORTE PROVIDES OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER, TABLET, OR CELLULAR PHONE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES. WE MAKE NO WARRANTY THAT THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
21.1. General. The Platform EventForte provides may have links to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. They are not under EventForte’s control, and you acknowledge that EventForte is not responsible nor liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by EventForte or any association with its operators. You further acknowledge and agree that EventForte shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
21.2. Downloading from App Stores. Some or all of EventForte’s products including the Platform may be available as a download from third party mobile application marketplaces (“App Stores”). Should you download from an App Store, you acknowledge and agree that:
21.3. Braintree. EventForte uses a payment gateway to process payments made through the Platform (e.g. a User purchases a Subscription Type from EventForte). For such payment processing, EventForte uses Braintree. You agree as a User to abide by the terms and conditions of Braintree as elucidated here: https://www.braintreepayments.com/legal.
21.4. Facebook Widget. EventForte may allow access for some Users to the use of a “widget” on Facebook. The “widget” would allow a User to access the Platform from Facebook. Should you make use of the “widget” in any way, shape, or form, in addition to these Terms, you are agreeing to Facebook’s terms and conditions: https://www.facebook.com/policies.
22.1. Resolving a Dispute. We want to address your concerns without needing a formal legal case. Before filing a claim against EventForte or a User in connection with a User’s use of the Platform, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting all relevant parties. If a dispute is not resolved within 60 days of submission, you or EventForte may bring a formal proceeding.
22.2 Judicial forum for disputes. You and EventForte agree that any judicial proceeding to resolve claims relating to these Terms or the Platform EventForte provides will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and EventForte consent to venue and personal jurisdiction in such courts. You additionally agree that both EventForte and you are each waiving the right to a trial by jury as to all disputes.
22.3 Arbitration. You and EventForte agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
22.4. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing back to us at email@example.com with the Subject Line, “Opt Out”, within 30 days of first accepting these Terms.
22.5. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles County (CA), or any other location we agree to.
22.6. Exceptions to Agreement to Arbitrate. Either you or EventForte may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services or software EventForte provides, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California to resolve your claim.
22.7 NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
22.8. Changes. Notwithstanding the provisions of Section 26 (“Modifications”), if EventForte changes this Section 26 (“Resolving Disputes”) after the date you last 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 at firstname.lastname@example.org) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of EventForte’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and EventForte in accordance with the provisions of the “Resolving Disputes” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms of Service will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of California and waives any objection to proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. The submission in this Section 23 herein shall not affect the right of EventForte to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude EventForte from taking proceedings in any other jurisdiction.
These terms of service constitute the entire agreement between you and EventForte with respect to the subject matter of these terms of service, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These terms of service create no third party beneficiary rights.
EventForte's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the terms of service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EventForte may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform.
We may revise these terms of service from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog, on our homepage, or on this page). By continuing to use or access the Platform after the revisions come into effect, you agree to be bound by the revised Terms of Service.
We do our best to keep EventForte safe, but we cannot guarantee it. We need your help to keep EventForte safe, which includes the following commitments by you:
In the event You present a purchase order or similar documents (“Other Documents”) contemporaneous with this Agreement with or after the execution of this Agreement, both You and EventForte agree that the purpose of such Other Documents is solely for internal payment processes purposes. Such execution of such Other Documents by EventForte does not constitute an acceptance of any of the terms or conditions of such Other Documents. You represent, warrant, and agree that any such Other Documents are solely for internal payment processing purposes and that such Other Documents shall not be and are not intended to add new terms and conditions, or supersede or contradict any terms in this Agreement. You additionally agree not to make claims or assert any terms or conditions against EventForte based on or contained in such Other Documents.
In the event EventForte has signed a non-disclosure agreement or a similar agreement (“NDA”) with You prior to the acceptance of this Agreement, You additionally agree that this Agreement supersedes and replaces any such NDA, making such NDA null and void at EventForte's option.
30.1. Termination. EventForte reserves the right to terminate your account at any time for any reason, including breach of any terms of this agreement. YOU ARE HOWEVER STILL LIABLE FOR ALL OUTSTANDING BILLS TO EVENTFORTE IN THE EVENT OF ACCOUNT CANCELLATION. In the event of account cancellation you may lose all data related to your account.
When this Agreement has been terminated, you are not entitled to a restoration of your EventForte account or any of your User Content. If your access to or use of the Platform has been limited or your EventForte account has been suspended or this Agreement has been terminated by us, you may not register a new EventForte account or access and use the Platform through an EventForte account of another User.
30.2. Survival. All terms of this Agreement which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns.