Overview
Effective: July 1, 2007
Submitting Events
Thank you for your interest in My Event
Finder. My Event Finder in a network of websites that allow visitors
to search for specific events. Within this network, My Event Finder
may offer submitted events for inclusion in any of its websites. By
submitting events, you agree, on behalf of yourself and any
affiliates identified in your event(together, "you" or
"your" for the purposes of the Terms and Conditions), to be
bound by the following terms and conditions (the "Terms and
Conditions"). If you are accepting on behalf of your employer or
another entity, you represent and warrant that you have full legal
authority to bind your employer or such entity to these terms and
conditions. If you don't have the legal authority to bind, please
ensure that an authorized person from your entity clicks to accept
this contract when you submit your event.
What is an event?
Events are planned and organized
gatherings of individuals. Every event has a target and a target
audience.
Conditions of Use
You must comply with the provisions of
these Terms and Conditions. My Event Finder reserves the right to
modify these Terms and Conditions from time to time in its sole
discretion. If a modification is
unacceptable to you, you may terminate these Terms and Conditions by
ceasing use of My Event Finder and removing all events submitted to
any My Event Finder's sites. My Event Finder will make every effort
to contact you of any changes to these Terms and Conditions. By
continuing to use My Event Finder,
you will be deemed to have accepted these modifications. Please
review the most current version of the Terms and Conditions from time
to time, so that you will be apprised of any changes.
Subject to the provisions in these
Terms and Conditions, you may submit your event as part of a
commercial or non-commercial enterprise, and you may submit events
for use in accessing paid content or services. However, you may not
charge users any separate fee for the use of the submitted event as
part of My Event Finder. You may provide links to your event as
listed on My Event Finder.
In providing information about you or
relating to your event, you must provide complete and accurate
information. As part of the event submission, My Event Finder may ask
that you include in the event such information such as your name and
email address. Any information that you include in the event
submission will be publicly available as part of the event listing
and My Event Finder (or others) may contact you regarding the event
using that information. In addition, by submitting this event for
inclusion in our listing of events, My Event Finder may use this
information when featuring the event in our websites or for other
uses.
If your event or provided links enables
you or any party to gain access to information about users of the
event, including but not limited to personally identifying and
non-personally identifying usage information, you or the party
receiving the information must make publicly available on your
website, and abide by, a legally adequate privacy policy.
You provide your events and any content
at your sole option and My Event Finder is not in any way responsible
for the subsequent use or misuse by users who access your events. You
may remove your events from My Event Finder at any time. My Event
Finder reserves the right to refuse or discontinue participation to
anyone, and to disable users' access to any event, at any time in its
sole discretion with or without notice. In the event either you or My
Event Finder chooses to discontinue your use of My Event Finder, you
will promptly cease all use of My Event Finder.
Prohibited Actions
You will not and will not allow on your
behalf third parties to (a) make and distribute copies of any aspect
of My Event Finder or accompanying documentation except as permitted
by these Terms and Conditions; (b) attempt to copy, reproduce, alter,
modify, reverse engineer, disassemble, decompile, translate, or
attempt to discover any prototypes, software, algorithms, or
underlying ideas which embody My Event Finder; or (c) create or
attempt to create derivative works (including events) of or from My
Event Finder except as expressly described herein.
Any event submitted by you must not:
(i) violate any applicable laws; (ii) violate any posted Program
Policies; (iii) violate the legal rights of any third party,
including but not limited to copyrights, trademarks, rights of
privacy, and rights against defamation; (iv) include content or link
to content that is obscene, pornographic, hateful or illegal; (v)
mislead or attempt to mislead users; (vi) distribute or attempt to
distribute harmful code, including but not limited to viruses and
worms; (vii) violate other policies as My Event Finder may develop
from time to time.
Review and Acceptance
Events posted via an account are subject to
periodic review for violations of these Terms and Conditions. Any event
found to violate these Terms and Conditions will be marked inactive until
the appropriate changes are made to resolve the violations. Repeated violation of these Terms and Conditions
will result in the event being removed and the account suspended.
All events posted anonymously are immediately marked inactive and subject to review
by My Event Finder before inclusion in any of its websites. If the anonymous event
is found the violate these Terms and Conditions it will be removed. My Event Finder
does not guarantee that an anonymously posted event will be placed in any of its websites.
Termination
If you choose to terminate your account or your account is terminated
as a result of a failure to comply with these Terms and Conditions all events submitted to
any My Event Finder's sites will be removed. Any fees paid for listings
will not be refunded.
Intellectual Property
If you submit your event to My Event
Finder for inclusion in our listings, you direct My Event Finder and
its affiliates to host, link to, and otherwise incorporate your event
into My Event Finder and other My Event Finder Services, and to carry
out any copying, modification including translation of text,
distribution, internal testing, or other processes necessary in order
to make this authorized use. You retain all intellectual property
rights in your event submission, but license them to My Event Finder
for purposes of the services described in the Terms and Conditions.
Although this Agreement sets forth the license, you grant to My Event
Finder, you are free to license your event submission to other people
or entities under different license terms.
In addition, My Event Finder and its
affiliates, in their sole discretion, may use your trade names,
trademarks, service marks, logos, domain names and other distinctive
brand features in presentations, marketing materials, customer lists,
financial reports and Web site listings (including links to your
website or events) for the purpose of advertising or publicizing your
use of My Event Finder and/or your submission of an event. You also
agree that you will not yourself (and will not allow third parties
to) remove, obscure, or alter My Event Finder's or any third party's
copyright notice, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or
through My Event Finder.
Neither you nor your employees, agents
or contractors acquire nor will acquire any intellectual property
rights under these Terms and Conditions (including but not limited to
patent, copyright, and trademark rights) except, for the authorized
duration of your event listing, a non-exclusive, revocable,
non-sub licensable license to use My Event Finder to submit events in
accordance with and pursuant to these Terms and Conditions, and all
applicable Program Policies.
Representations; Warranties.
You represent and warrant that (a) you
have full power and authority to accept these Terms and Conditions;
(b) you own and/or have obtained the necessary legal rights to
provide all content contained in or transmitted through the event,
and will maintain these rights for as long as the event is available
to users; (c) you do not violate contractual or other legal
obligations to any party by agreeing to the provisions of this Terms
and Conditions and submitting the event; (d) you will not violate the
legal rights of any third party or any applicable law in creating and
providing the event or any content contained in or transmitted
through the event or in performing your obligations under these Terms
and Conditions, (e) the event and any included links shall not
contain any pornographic, hate-related, violent, or illegal content;
and (f) the event and any included links shall not contain any
harmful or malicious code, including but not limited to viruses and
worms.
Indemnification
You hereby agree to indemnify, defend
and hold and any included links, and its officers, directors,
agents, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and
costs (including, without limitation, reasonable attorneys' fees)
incurred by the Indemnified Parties in connection with any claim
arising out of: (i) your use of and any included links ; (ii) your
events; (iii) any use by the views of your event listings; (iv) any
breach of or noncompliance with any representation, warranty or
obligation in these Terms and Conditions or applicable policies; and
(v) any claim that your event or any content available on or through
your event violates any applicable law, including without limitation
that it infringes the rights of a third party. You shall cooperate as
fully as reasonably required in the defense of any claim. and any
included links reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to
indemnification by you.
You acknowledge that damages for
improper use of My Event Finder may be irreparable; therefore, My
Event Finder is entitled to seek equitable relief, including
injunction and preliminary injunction, in addition to all other
remedies.
Disclaimer Of Warranties
MY EVENT FINDER DISCLAIMS ANY
RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF MY EVENT
FINDER. MY EVENT FINDER EVENT LISTINGS ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. MY EVENT FINDER EXPRESSLY DISCLAIMS TO
THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MY EVENT FINDER DISCLAIMS ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF MY EVENT FINDER. YOU UNDERSTAND AND AGREE THAT YOU
USE MY EVENT FINDER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE USE OF MY EVENT FINDER. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL MY EVENT
FINDER BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE
OF MY EVENT FINDER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF MY EVENT FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE, MISUSE , OR RELIANCE ON MY EVENT FINDER, FROM
INABILITY TO USE MY EVENT FINDER, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF MY EVENT FINDER. SUCH LIMITATION SHALL
APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Feedback
If you have comments on My Event Finder
or ideas on how to improve them, please visit us
here
. Such feedback may include
bug reports, problems or deficiencies encountered by you while using
My Event Finder. Any feedback you provide will be considered the
property of My Event Finder, may be used by My Event Finder and its
affiliates for any purpose, and you will keep all feedback
confidential.
Miscellaneous Provisions
These Terms and Conditions do not
create any agency or partnership relationship. These Terms and
Conditions are not intended to benefit, nor shall they be deemed to
give rise to, any rights in any third party. These Terms and
Conditions will not be assignable or transferable by you without My
Event Finder's prior written consent. These Terms and Conditions will
be governed by and construed in accordance with the laws of the State
of California, without giving effect to the conflict of laws
provisions of California or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds
any provision or portion of these Terms and Conditions to be
unenforceable, the remainder of these Terms and Conditions will
continue in full force and effect. These Terms and Conditions,
together with the various Program Policies and other My Event Finder
documents referenced herein, constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede
and replace all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. Any
waiver of any provision of these Terms and Conditions will be
effective only if in writing and signed by My Event Finder.
