Eventerprise Terms of Service
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRED THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIAL OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
For convenience, we also use the following defined terms:
Host means a person or company that contacts, connects and/or interacts with and/or aims to employ or employs the services of a Supplier ("Host Services") through the Platform or Site.
Platform means the interface and interactive marketplace created by Eventerprise where Hosts view information about Supplier and buy Supplier Services, and all changes, corrections, bug fixes, enhancements, updates and other modifications thereto, whether made by or on behalf of Eventerprise.
Services means the features, functions, technologies, applications made available by Eventerprise for Suppliers and Hosts via the Platform.
Supplier means a person or company which completes the Eventerprise account registration process, as described below under “Eligibility and Account Registration,” for the purpose of offering through Eventerprise Products/services/venues to a Host (defined below) to purchase, employ, lease or reserve for business or personal use, or that offers through Eventerprise any other products or services to end users (collectively, "Supplier Services").
You or Your refers to, as the case may be, to Suppliers and/or Hosts and/or any other person who visits our Sites.
Please contact us at [email protected] with any questions regarding these Terms.
SUPPLIERS MAY LIST THEIR SUPPLIER SERVICES AND HOSTS MAY LEARN ABOUT THEM. YOU UNDERSTAND AND AGREE THAT EVENTERPRISE's SERVICES BRING SUPPLIERS AND HOSTS TOGETHER ON OUR PLATFORM; HOWEVER, EVENTERPRISE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND HOSTS, NOR IS EVENTERPRISE A BROKER OR AGENT OR IN ANY WAY BIASED TOWARDS ANY LISTED SUPPLIERS. EVENTERPRISE HAS NO CONTROL OVER THE CONDUCT OF HOSTS VIA THESE
Changes we can make to these Terms
Eventerprise may, at its sole discretion, modify these Terms, at any time. Before the modified terms are implemented, we will give you notice either by posting the modified customer terms on the Site or through other communications. It is important that you review the new Terms whenever we revise them because if you continue to use the Services after we post modified Terms, your continued use of the App or Services shall constitute your agreement to be bound by the revised Terms. Because our Services are evolving, if the revised Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
Eligibility and Account Registration
If you would like to use our Services to create a Listing (defined below) you must create an online account with us on our Site or App (“Account”) as a Supplier or Host. The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 years old or older.
When creating an Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You can register directly through the Site or a social networking service we support (“SNS”). By using your SNS account, you are allowing Eventerprise to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. you are responsible for activities that occur under your Account.
For this section, “you” and “your” shall refer only to the Supplier. As a Supplier, to list your Products/services/venues via the Platform, you will be required to agree to a subscription term for each Product/service/venue according to which you list and pay the required Supplier’s fee (“ Subscription”). During the on line registration process for Suppliers , you will be asked a variety of questions about your Supplier Services to be listed, including, but not limited to, the description, location, capacity, size, features, pricing and related financial terms. Any Supplier Services, which you list on the Platform, is referred to hereinafter as a “Listing” and such Listing will be made publicly available via our Platform. In the event that you create and/or modify a Listing with the assistance of an Eventerprise representative, you understand and agree that any assistance provided by Eventerprise is performed on your behalf and at your direction/discretion and that you are responsible for any and all information contained in your Listings. You agree to keep the information in your Listing up to date. For example, if the Products/services/venues change and are no longer available, you agree to update your Listing accordingly. Please note that Eventerprise reserves the right, at any time and without prior notice nor your consent, to remove or disable access to any Listing that Eventerprise, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services and without any justification.
Agreements between Supplier and Host
You understand and agree that any transaction entered into as a result of your use of the Services between a Supplier and a Host, whether oral or written, is between the Supplier and the Host only and Eventerprise is not a party thereto. You acknowledge and agree that you, and not Eventerprise, will be responsible for performing the obligations of any such agreement, and Eventerprise disclaims all liability arising from or related to any such agreement. You agree and acknowledge that Eventerprise does not own, sell, resell, furnish, provide, rent, re-rent, manage, host and/or control any Products/services/venues or any other properties; Eventerprise is not an agent for either the Supplier or the Host, and Eventerprise's role is solely to facilitate the availability of the Services for Suppliers and Hosts.
Bookings and Financial Terms
The Products/services/venues and the related financial terms are not negotiated or booked through the Service, but are negotiated and booked directly between the Supplier and the Host. We may send, however, in the event one party’s efforts to contact the other party (to do business) remain unanswered, a relevant text message or a message via other means of communication to the unreachable party in order to encourage a response. Supplier and Host herewith agree to this practice.
Supplier's Fees and Termination of Subscription
We will invoice our fees (“Fees”) to the Supplier on a monthly or one-off basis. Fees will be based upon a monthly or yearly subscription term. A Subscription and the respective subscription terms shall automatically renew unless terminated by Supplier. The termination notice may be given without cause. Eventerprise may terminate a Subscription without notice, with immediate effect, if the Supplier violates the Terms. Termination of a Subscription does not terminate these Terms. Payments made in advance for any Subscription will not be refunded in any case of termination of Subscription
Cancellations of Bookings
All cancellations of bookings by Host shall be communicated directly between Supplier and Host. Eventerprise has no role or involvement in the cancellation of bookings. Eventerprise has no liability to either the Supplier or Host for any cancelled booking.
Suppliers and Hosts expressly release Eventerprise from any and all liability related to all Products/services/venues offerings. Suppliers and Hosts agree and acknowledge that Eventerprise is not responsible for resolving any disputes between Suppliers and Hosts, whether related to a booking cancellation, or otherwise, or processing any changes to or cancellations of bookings, and that Eventerprise disclaims any and all liability in this regard.
Host and Supplier agree jointly and severally to indemnify and hold Eventerprise harmless from all damages and cost of whatever nature with respect to bookings, cancellations and/or disputes therewith, Hosting Services, Supplier Content and Host Content.
Eventerprise Right to Use
Subject to your compliance with the terms and conditions of these Terms, Eventerprise grants you a limited, non-exclusive, non-transferable right to use, without the right to sublicense, to access, view, download and print any Eventerprise Content (which means all Content that Eventerprise makes available through the Platform and Services, including any Content licensed from a third party, but excluding Host Content and Supplier Content) solely for your personal and non-commercial purposes or your internal business purposes. “Content” means text, graphics, images, music, software, audio, video, information, and works of authorship or other materials.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Eventerprise or its licensors, except for the licenses and rights expressly granted in these Terms.
Host ContentFor this paragraph, "you" and "your" shall refer only to the Host.
You agree that You are solely responsible for all your Host Content (means all Content that a Host posts, uploads, publishes, submits or transmits to be made available through the Platform, including, but not limited to, Listings). You represent and warrant that:
- You own the Host Content that you provide through the Platform;
- You have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Eventerprise the rights in the Host Content you provide via the Platform; and
- Your Host Content will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
For this paragraph, “you” and “your” shall refer only to the Suppliers. We permit Suppliers to post, upload, publish, submit or transmit Supplier Content (which means all Content that a Supplier posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings). By making available any Supplier Content through the Services, You hereby grant to Eventerprise a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes or compliance with these Terms, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Supplier Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
You agree that you are solely responsible for all your Supplier Content. You represent and warrant that:
- YOU own the SUPPLIER Content that YOU provide through the Services;
- YOU have all rights, licenses, consents and releases necessary to use the Services and to grant to Eventerprise the rights in the SUPPLIER Content YOU provide via the Services;
- YOUR use of, and YOUR authorization of Eventerprise's use of the SUPPLIER Content YOU provide via the Services will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and YOU will not post any such images and/or any such kind of text and/or credits, third-party names, etc. without their explicit authorisation; and
- YOU authorize Eventerprise to alter any images so that they are in compliance with these Terms; however, Eventerprise is under no obligation to do so and an omission of Eventerprise to do so shall not relieve SUPPLIER of any liability related to the posting of images in violation of these Terms.
Intellectual property laws protect the Platform, Services and Eventerprise Content. Except as expressly provided in these Terms, Eventerprise ( or its licensors) own all rights in the Platform, Services and Eventerprise Content. You own no rights in the Platform, Services, or Eventerprise Content. Eventerprise has no ownership rights in Host and Supplier Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Site Content. You agree that you have no right to, or title in or to, any Site Content (except for the Host or Supplier Content that you provide) or any other attributes associated with your Account.
Please see Eventerprise's Advertising Service (EventerAds) Agreement for further about how Suppliers can use our EventerAds service and the terms governing the same.
You agree not to (“ Prohibition”):
- Post, upload, publish, submit or transmit any Content that:
- Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Is fraudulent, false, misleading or deceptive;
- Is defamatory, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person; or
- Promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Services, Eventerprise's name, any Eventerprise trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eventerprise's express written consent;
- Access, tamper with, or use non-public areas of the Services, Eventerprise's computer systems, or the technical delivery systems of Eventerprise's providers;
- Attempt to probe, scan, or test the vulnerability of any Eventerprise system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eventerprise or any of Eventerprise's providers or any other third party (including another Supplier or Host) to protect the Services or Site Content;
- Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eventerprise or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Eventerprise trademark, logo URL or product name without Eventerprise's express written consent;
- Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any Transmission Control Protocol/Internet Protocol (TCP/IP) packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any Supplier, Hosts, any other user or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Supplier or Hosts of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Eventerprise respects copyright law and Suppliers and Hosts agree to do the same. Eventerprise has adopted and implemented a policy that provides for the termination in appropriate circumstances of Suppliers, Hosts or other account holders who repeatedly infringe the rights of copyright holders.
If any Content on our App or Site violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Eventerprise’s Copyright Agent to receive DMCA Takedown Notices is Barry Blassoples, [email protected], Eventerprise, Inc., Attn: DMCA Notice, c/o Act 5 Ventures, 145 Corte Madera Town Center, Suite 401, Corte Madera, CA 94925. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by Eventerprise, Inc. in connection with the written notification and allegation of copyright infringement.
Links to Third Party Sites
The Platform or Services may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Account Cancellation and Termination
If you breach any of these Terms, we have the right to terminate, suspend or disable your access to, or use of, the Services and/or your Account. In this case, you will remain liable for all amounts due under these Terms.
As outlined above in “Supplier Fees and Termination of Subscription” subject to these Terms and, in the case of a Supplier, subject to the terms of any subscription agreement the Supplier enters into, your ability to cancel your subscription will be dependent upon your cancellation of the subscription via your Eventerprise account dashboard within the relevant time period before your subscription’s automatic renewal.
As stated above under “Changes We Can Make to these Terms,” we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
Eventerprise does not attempt to endorse, and does not endorse any Host or any Supplier of the Services or Listings. In addition, we do not attempt to confirm, and do not confirm, any Host’s or Supplier’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Hosts of the Services. By using the Services, your agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Hosts or other third parties will be limited to a claim against the particular Hosts or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Eventerprise.
You understand and agree that the Services are provided to you "as is" and on an "as available" basis only. Without limiting the foregoing, Eventerprise explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Eventerprise makes no warranty that the Services or Site Content will meet your requirements and expectations or be available on an uninterrupted, secure, or error-free basis. Eventerprise makes no warranty regarding the quality of any Services or Site Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Site Content obtained through the Services.
You are solely responsible for all of your communications and interactions with Suppliers and/or Hosts of the Services, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Hosts which are making booking inquiries of Products/services/venues you own or control. You understand that Eventerprise does not screen or inquire into the background of any Suppliers or Hosts of the Services, nor does Eventerprise make any attempt to verify the statements of Suppliers or Hosts of the Services. Eventerprise makes no representations or warranties as to the conduct of Suppliers or Hosts of the Services. You agree to take reasonable precautions in all communications and interactions with Suppliers and Hosts of the Services, and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to communicate via other means than the Services or to meet in person.
You agree to indemnify and hold harmless Eventerprise and its officers, directors, employees agents, consultants, service providers and other associated persons and affiliated entities, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with
- Your violation of these Terms;
- Your access to or use of the Services or Site Content;
- Your SUPPLIER Content or Host Content, as applicable; and
- Your interaction with any SUPPLIER or HOST, as applicable, including, but not limited to,
- any condition caused by events beyond Eventerprise’s control that may cause damage to a SUPPLIER’S Products/services/venues and/or SUPPLIERS’ employees; and
- any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of SUPPLIER’S Products/services/venues or SUPPLIERS’ employees, or a SUPPLIER Listing of Products/services/venues via the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTERPRISE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE, SERVICES, PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF SUPPLIER OR HOST CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EVENTERPRISE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT SUPPLIER OR HOST PAID EVENTERPRISE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WISE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event, to the extent permitted by law, will Eventerprise aggregate liability arising out of or in connection with
- These Terms;
- The use of or inability to use the Services, or Site Content;
- The offering of any Supplier Services through the Services; or
- The use of any Supplier Services by a Host of the Services
If you reside outside of the United States of America (“USA”) your agreement is with Eventerprise Ltd., the governing law is Swiss Law, and if you reside in the USA, the governing law is that of State of Delaware and the applicable US federal laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply in any way to these Terms or to the transactions contemplated by these Terms.
DISPUTE RESOLUTION AND ARBITRATION.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EVENTERPRISE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Eventerprise agree (a) to waive your and Eventerprise’ respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and Platform, resolved in a court, and (b) to waive your and Eventerprise’ respective rights to a jury trial. Instead, you and Eventerprise agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions
You and Eventerprise agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Eventerprise and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Eventerprise agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Eventerprise agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution
You and Eventerprise agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Eventerprise shall be sent by certified mail or courier to Eventerprise, Inc., Attn: Legal, 2035 Sunset Lake Road, Suite B-2, Newark, New Castle, DE, 19702, USA. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Eventerprise account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Eventerprise cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Eventerprise may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND EVENTERPRISE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR EVENTERPRISE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND EVENTERPRISE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Eventerprise agree that (a) any arbitration will occur in Delaware if you , (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the International Chambers of Commerce (“ICC”) Rules of Arbitration (the “ICC Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Delaware, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator
As limited by the applicable laws, these Terms and the applicable ICC Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable ICC Rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of request for admissions, and one set of request for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: EVENTERPRISE, INC., RE: OPT-OUT, 2035 SUNSET LAKE ROAD, SUITE B-2, NEWARK, NEW CASTLE, DE, 19702, USA. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION “Applicable Law”.
These Terms and any disputes related to them or your use of the Services, Site Content, and/or the Listings and/or bookings made via the Services, or any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Disputes”) are, to the extent permitted by law, subject to the exclusive jurisdiction at the place of the registered offices of Eventerprise Ltd. or Eventerprise, Inc., as applicable, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
YOU agree to accept service of legal process at the addresses YOU may provide to us when YOU use or subscribe to our Site and/or Services.
Waiver of Class Action
You acknowledge and agree that you and Eventerprise are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
These Terms constitute the entire and exclusive understanding and agreement between Eventerprise and you regarding the Services and Site Content, and any Listings or bookings made via the Services, and supersede and replace any and all prior oral or written understandings or agreements between Eventerprise and you regarding the Services and Site Content, and any Listings and bookings made via the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Eventerprise's prior consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Eventerprise may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Eventerprise, as determined by Eventerprise in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and YOU can submit Feedback by emailing us at [email protected] YOU grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that YOU own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
The omission of Eventerprise to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eventerprise. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. All communications and notices made or given pursuant to these Terms, if any, must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
If you have any questions about these Terms, please contact us at [email protected]