These TERMS OF SERVICE (this “Agreement”) concern the online or digital products and services described further below; and constitute a legally binding contract between you (together with any person helping you visit, access, register with or use any of those online or digital products or services, “you” or “your”) and Eventifyus (“Eventifyus”) (with you and Eventifyus sometimes referred to herein each as a “Party” and together as the “Parties”). The online or digital products and services which are the subject of this Agreement include:
QUESTION: Does this Agreement correctly describe (where applicable), and does it cover all features and functions of, the Site and the App? Note that we condensed several provisions or concepts from the existing Terms & Conditions for the Site into more broadly worded provisions to allow Eventifyus more flexibility in certain situations. Note also that we did not include several provisions or concepts from the existing Terms & Conditions for the Site because they did not seem to track what was actually happening on the Site (or the App) based on our review. If you think differently, or if you think we have misunderstood how a certain feature or function works, then please let us know immediately so we can make the appropriate revisions to this draft.
- The Eventifyus website (or Eventifyus.com) (together with its respective pages and features, the “Site”);
- The associated mobile software application commonly known as the “Eventifyus” mobile app (together with its pages and features, the “App”); and
- The associated services offered or provided by Eventifyus on or through the Site or the App (collectively, the “Service(s)”).
Please read this Agreement carefully before accessing or using the Site, the App or the Services because it constitutes a legally binding contract between you and Eventifyus that applies to the Site, the App and the Services. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions. You are automatically accepting and agreeing to the most-recent version of this Agreement whenever you create, register with or log into an account on or through the Site or the App. Similarly, you are automatically accepting and agreeing to the most-recent version of this Agreement whenever you visit, access, register with or use the Site, the App or the Services; and your continuing visit, access, registration with or use of any of the forgoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with or using the Site, the App or the Services.
Eventifyus may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site or the App, emailed to the email address associated with your User Account (defined below) or posted to your User Account (defined below), as applicable and as Eventifyus deems appropriate in its sole discretion, and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, register with or use the Site, the App or the Service.
- Eligibility The Site, the App and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site or the App, or by purchasing, offering, providing, marketing or using any products or services or through the Site or the App (including, without limitation, the Services), you represent and warrant to Eventifyus that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and the App and for purchasing, offering, providing, marketing and using any products or services on or through the Site or the App (including, without limitation, the Services), and you may only use them for lawful purposes.
- Privacy
- a. Privacy Policy. Eventifyus respects the privacy of others. Eventifyus’s policies concerning the collection and use of your personal information in connection with the Site and the App are set forth in Eventifyus’s Privacy Policy, which you should carefully review each time you visit, access, register with or use the Site, the App or the Services.
- b. Express Consent to Privacy Policy. YOU HEREBY EXPRESSLY CONSENT TO Eventifyus AND ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN Eventifyus’S PRIVACY POLICY.
- c. Express Consent to Video Materials and Services Information. TO THE EXTENT NOT ALREADY COVERED BY SECTION 2(B) ABOVE, YOU HEREBY EXPRESSLY CONSENT TO Eventifyus’S DISCLOSURE TO ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES AND OTHER THIRD PARTIES OF INFORMATION THAT IDENTIFIES YOU AS HAVING REQUESTED OR OBTAINED SPECIFIC VIDEO MATERIALS OR SERVICES FROM Eventifyus. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH DISCLOSURE SHALL VIOLATE THE VIDEO PRIVACY PROTECTION ACT OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS.
- Description of Services. The following further describes the Services. Keep in mind, however, that the following is not an exhaustive description of all of the Services; that all of the Services provided on or through the Site might not be provided on or through the App, or vice-versa; and that Eventifyus might only make certain Services available to certain registered users, Consumers (defined below) and/or Providers (defined below). Eventifyus reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Eventifyus sees fit in its sole discretion from time-to-time.
- a. “Consumers” and “Providers” Defined. Certain users of the Site or the App are referred to herein as “Consumer(s)” and “Provider(s).” Consumers are those users (or registered users) of the Site or the App who search for, purchase and/or use any products or services offered by Providers on or through the Site or the App. Providers are those users (or registered users) of the Site or the App who offer, sell, market and/or provide any products or services to Consumers on or through the Site or the App.
- b. Services. The Site and the App are technology platforms, which provide users (which may include you) with online or digital marketplaces for the offer, sale, purchase, marketing and provision of various products and services among those users, whether as a Consumer or a Provider. Eventifyus does not itself offer, sell, market or provide, and is not responsible for the offer, sale, marketing or provision of, those various products and services. Rather, Eventifyus merely provides the aforementioned technology platform by way of the Site and the App.