SellYourEvents.com TERMS OF SERVICE
Last Revised on: July 1 2007
GENERAL TERMS
Acknowledgment and Acceptance of Terms of Service
Darcy Media Corp., a federally registered Canadian Corporation, provides the SellYourEvents.com service to you, subject to the following Terms of Service, which may be modified at any time. BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, BY CREATING AN EVENT, OR BY USING ANY OF PART OF THE SELLYOUREVENTS.COM SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the SellYourEvents.com Service (as defined below) and do not register to be a member of the Site. You may continue to use SellYourEvents.com as long as you adhere to these Terms of Service.
Definitions
When we say “We”, “Us” or “SellYourEvents.com” we mean Darcy Media Corporation, a federally registered Canadian corporation that operates primarily under the brand name “SellYourEvents.com”.
When we say “Site”, we are referring to the “SellYourEvents.com” website, including any webpage thereof.
When we say “Event Organizer” we mean a customer or user who has registered an account with us and who uses our service on the SellYourEvents.com website to sell or provide spaces or tickets to their event using a SellYourEvents.com webpage. The terms “customer” and “user” refer to an Event Organizer.
When we say “Event Attendees”, we mean someone who, using the SellYourEvents.com website, purchases or obtain tickets or spaces to an event organized by an Event Organizer using our services. We also mean any person who purchased an event ticket offline or in person, but whose information was later added to the database for a given event by the event organizer.
When we say “Service”, we mean the service provided by the SellYourEvents.com website, or any service obtained from SellYourEvents.com or Darcy Media Corp. staff.
Description of SellYourEvents.com
SellYourEvents.com allows Event Organizer’s to use a custom webpage to receive payments or information from Event Attendees. Information gathered by Event Organizer’s may be as simple as attendees’ names, or may be as extensive as responses to custom generated questions. All payments from Event Attendees to the Event Organizer are made via the PayPal service.
Modifications to the Service and revision of the Terms of Service
Any new features added to the SellYourEvents.com website shall be subject to the Terms of Service. You understand and agree that the Service is provided AS-IS and that SellYourEvents.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SellYourEvents.com reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.
Age Minimum and legal eligibility for use
YOU MUST BE AT LEAST 16 YEARS OF AGE TO REGISTER FOR AN ACCOUNT. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the SellYourEvents.com account, and that said Guardian has expressly given permission to access the Service.
Further, whether this Service is used by Event Organizers to receive payment from Event Attendees, or whether the event is free, Event Organizers are only permitted to use this service to the extent that they are permitted to by law in their jurisdiction.
PROCESSING OF PAYMENTS
Where Event Organizers wish to charge Event Attendees for admittance to an event, all payments are made via the PayPal payments processing system. Both Event Organizers and Events Attendees will be subject to PayPal’s Terms of Use (see www.PayPal.com for latest version) with respect to any monetary collections. SellYourEvents.com is not affiliated with PayPal and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
THE RESPONSIBILITIES OF EVENT ORGANISERS
Registration of an account and ongoing security obligations
Users must register for account by providing all the requested information when “signing-up” for an account. All information provided (such as name, email address, and location) must be accurate as-of hen it is provided, and account details must be modified as a user’s information changes.
Once you have registered an account, you must safeguard and keep private your account password. You shall report any unauthorized use of your password to SellYourEvents.com immediately upon discovery. You must also logout at the end of every usage session.
Creation and maintenance of an event webpage
All information posted by an Event Organizer of an event webpage must be accurate at the time that it is posted on the site, including during initial event creation and afterwards. If any event information changes, changes to your event details should be made to ensure that they remain accurate and current.
Photos posted on an event webpage
An Event Organizer may only post or use photos or images on the event webpage if the Event Organizer has the legal right to use the event or image. You must have the copyright to these images in order to post them. No photos or images containing identifying personal information should be posted. We reserve the right to remove or alter any image or photo that is inappropriate. As with all other information posted on your event webpage, images or photos must meet the standards for proper use described elsewhere in these Terms of Service.
Security of personal information
The site provides event organizers with the opportunity to post images or information in areas on the website (such as your main event message) that are available to the general public. Event organizers should be careful not to submit any contact information, financial information, or otherwise private information to these areas. Event attendees will be provided with your contact email once they have purchased a place or tickets, and may contact you using this information, so there is no need to post this information publicly. If you submit such information for public viewing, our privacy policy does not apply to that information, and we cannot prevent is from being used or misused by a member of the public. As such, we assume no liability, and event organizers assume all risks arising as a result of such information being displayed.
Sole responsibility for Refunds
Where an event requires payment, all payments all made via the PayPal system. Payments made by Event Attendees are received directly by Event Organizers. Therefore, all refunds of funds to Event Attendees for whatever reason are to be made directly by the Event Organizer to the Event Attendee. SELLYOUREVENTS.COM HAS NO RESPONSIBILITY FOR MAKING REFUNDS TO EVENT ATTENDEES IN ANY CASE, AND EXPRESSLY DISCLAIMS ANY LIABILITY WHERE THE EVENT ORGANIZER FAILS TO DO SO. This applies whether the event is cancelled, or if the attendee cannot attend the event. All refund requests should be made directly to the Event Organizer, whose contact email used to register a PayPal account will be provided to Event Attendees along with their confirmation number when they make a payment for a ticket or registration for an event. Event Organizers should provide refunds where it is reasonable to do so, and may wish to provide refund information in their event information posted online.
Proper and Improper Use
In using the SellYourEvents.com Services, you understand that you are liable for all information, in whatever form, you make available to your customers. YOU AGREE NOT TO USE THE SERVICE TO:
a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a SellYourEvents.com staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
k. stalk or otherwise harass another.
You acknowledge that SellYourEvents.com does not pre-screen any Content working in coordination with the Service, but that SellYourEvents.com and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that SellYourEvents.com may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SellYourEvents.com, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
No spamming
You specifically agree that you will not use any portion of this Service, or of the SellYourEvents.com website to send out unwanted bulk emails that are not legitimate invitations to your event.
Lawful use only
You agree to use the SellYourEvents.com service only if it is lawful to do so in your jurisdiction. You further agree that you will use this site in a manner than is lawful according to the law in your jurisdiction.
Responsibility for paying taxes
You understand and agree that you are solely responsible for paying any relevant taxes in your jurisdiction related to payments you receive via the PayPal system in connection with an event hosted by SellYourEvents.com. SELLYOUREVENTS.COM ASSUMES NO LIABILITY FOR THE PAYMENT OF TAXES OR FEES ON FUNDS RECEIVED BY EVENT ORGANIZERS VIA THE PAYPAL SYSTEM.
Indemnity
You agree to indemnify and hold SellYourEvents.com, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.
OUR RIGHTS AND LIMITATION OF LIABILITY
Termination
SellYourEvents.com reserves the exclusive right to delete a user’s SellYourEvents.com account, or to delete a user’s event webpage, for any reason whatsoever, based upon our exclusive and non-reviewable determination.
Specifically, we reserve the right to inspect all contents of the site, including any and all information provided by users (including both event organizers and event attendees), to both modify account or event details upon request by an event organizer, or to delete, remove or alter information that is obscene, illegal, or otherwise inappropriate. We reserve the exclusive right to make the determination of what material will be deemed obscene or otherwise inappropriate.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. SELLYOUREVENTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SELLYOUREVENTS.COM MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELLYOUREVENTS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELLYOUREVENTS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELLYOUREVENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU SPECIFICALLY AGREE THAT SELLYOUREVENTS.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SELLYOUREVENTS.COM SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SellYourEvents.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. SellYourEvents.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by SellYourEvents.com for use in accessing the Service.
DISPUTES
Choice of Forum
All disputes arising out of the use of our Service or relating to the TERMS OF SERVICE are to be heard in the courts of the province of Ontario, Canada as if the dispute had arisen entirely in Ontario between Ontario residents.
Choice of Law
The TERMS OF SERVICE and the provision of Service to you are governed by the laws of the province of Ontario, Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.
Interpretation
If the subject of a dispute is the result of an ambiguity in the wording of the Terms of Service, all such disputes shall be resolved according to a principled reading of the Terms of Service as a whole, and with any remaining ambiguity to be resolved in favour of SellYourEvents.com.
QUESTIONS OR CONCERNS?
We value your feedback. If you have any questions or concerns, you can reach us at:
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