WEBSITE TERMS OF USE
Please read the following Terms of Use (“Terms”) carefully before using or visiting the EventsGIG LLC (“EventsGIG”, “we”, “our”, or “us”) website at [web address] and the services offered thereon (collectively, the “Website”).
These terms set forth legally binding terms and conditions that govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Term, do not access or use the Website.
1. Additional Terms
Certain features of the Website may be subject to additional guidelines, terms, rules or policies, which will be posted in connection with such features, including, but not limited to, the Privacy Policy [hyperlink], the Freelancer Agreement [hyperlink], and the Organization Agreement [hyperlink]. All such additional guidelines, terms, rules and policies are incorporated by reference into, and made a part of, these Terms.
2. Use and Restrictions
Subject to these Terms, EventsGIG grants you a non-transferable, non-exclusive, revocable, personal, limited license to use and access the Website. The rights granted to you in these Terms are subject to the restrictions in these Terms. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. EventsGIG reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that EventsGIG will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
3. Convenience and Information
The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. EventsGIG does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) EventsGIG has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.
4. Website Accounts
In order to use certain features of the Website, you may need to register for an account and provide certain information about yourself. If you create an account, you represent and warrant that all information you submit to EventsGIG is true, accurate, complete, up-to-date, and solely yours. If any of your information changes, you must update it promptly. EventsGIG is not responsible for verifying your information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify EventsGIG of any actual or suspected unauthorized use of your account or any other breach of security at the contact information provided at the end of these Terms. EventsGIG cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
5. Payments
We use independent third-party service providers to process payments for services on the Website. We do not process your payment, but instead transfer you to a secure network provided by our third-party payment processor through which all transactions are processed. Our payment processors may have privacy and data collection practices that are different from ours. For more information regarding its terms and conditions that may apply, visit that processor’s website and click on its information links or contact that processor directly. You release us, our affiliates, and our payment processing company from any damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website. By providing your payment method, you authorize our third-party payment processor to charge your payment method, and represent that any payment information you provide is true and accurate. If your payment method cannot be authorized or is otherwise in error, we may suspend or cancel your purchase. In the event of such failure of your payment method, we may take reasonable steps to retry your payment method. We may contact you to reconfirm or update your payment method. We are not responsible for any fees that you may incur when charging or retrying your payment method, including but not limited to, overdraft fees.
6. Subscriptions, Renewals, and Refunds
For Freelancers, subscriptions, renewals, and refunds are handled in accordance with the Freelancer Agreement [hyperlink]. For Organizations, subscriptions, renewals, and refunds are handled in accordance with the Organization Agreement [hyperlink].
7. User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Website, including the submission of feedback, questions, comments, and suggestions. You are solely responsible for your User Content and assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party. EventsGIG cannot guarantee any confidentiality with respect to any User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your account, and/or reporting you to law enforcement authorities. You hereby grant (and you represent and warrant that you have the right to grant) to EventsGIG an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in any manner EventsGIG deems appropriate. You agree that you will not submit to EventsGIG any information or ideas that you consider to be confidential or proprietary.
8. Intellectual Property
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Website and Website Content are owned by EventsGIG. Neither these Terms, nor your access to the Website, transfers to you or any third party any rights, title or interest in or to such intellectual property rights. EventsGIG reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.
9. No Warranties
THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND EVENTSGIG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnification
You agree indemnify, and hold harmless EventsGIG (and its employees, service providers, suppliers, clients, officers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including costs and reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; (iv) your User Content; or (v) your willful misconduct. EventsGIG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EventsGIG. EventsGIG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENTSGIG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF EVENTSGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Copyright Complaints
[Note: The Digital Millennium Copyright Act (DMCA) provides a set of provisions designed to protect website operators from liability from copyright claims arising out of conduct by their end users. For example, when users submit content (to an online service (such as your website) that does not belong to them, this could be an act of copyright infringement. DMCA offers a “safe harbor” to website operators if they implement a copyright policy in accordance with the DMCA – meaning the website operator will be provided immunity for claims of copyright infringement. We would recommend you implement the below copyright policy. You will need to identify and register your copyright agent with the Copyright Office. This individual will receive notification of any alleged copyright violation. Once this individual is selected, they will need to register with the U.S. Copyright Office. There is a $6 designation fee. Here is a reference guide issued by the Copyright Office for registration: https://www.copyright.gov/dmca-directory/transcripts/designate-an-agent.pdf]
If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, you must provide notice to our Copyright Agent at [contact]. Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Website; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
13. Termination
These Terms will remain in full force and effect while you use and access the Website. We may suspend or terminate your right to use the Website (including your account, if any) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. You understand that any termination of your account may involve permanent deletion of your User Content associated with your account. EventsGIG will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content.
14. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms that cannot be resolved amicably will be subject to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. You willingly and expressly agrees that any dispute under these Terms must be brought in a court located in Philadelphia, Pennsylvania, and by these Terms, you submit to and unconditionally accept the jurisdiction of those courts.
15. Age Restriction
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms.
16. Privacy
EventsGIG collects and uses personal information about you when you access and use the Website in accordance with its Privacy Policy [hyperlink].
17. Electronic Communications
By using the Website, you consent to receive electronic communications from EventsGIG unless you follow applicable opt-out procedures. EventsGIG will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
18. Third Party Links
The Website may include links content provided by third parties (“Third Party Content”). Third Party Content is provided for your convenience and information only. Third Party Content is not under the control of EventsGIG and EventsGIG is not responsible for the content of any Third Party Content. The inclusion of Third Party Content does not imply endorsement, affiliation, partnership, or sponsorship by EventsGIG. Use of any Third Party Content is at your own risk.
19. Local Laws
EventsGIG makes no representation that the Website is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws. The Website may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website, or any products utilizing such data, in violation of the United States export laws or regulations.
20. Changes
EventsGIG may revise these Terms or the Website, or stop providing the Website at any time and without notice to you. EventsGIG encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
21. Contact
For questions on these Terms, please contact us at:
EventsGIG LLC
3750 Main Street, Suite 405
Philadelphia, PA 19127
Telephone: (702) 232-1337
Email: hello@eventsgig.com