EVENT TENT, LLC

TERMS AND CONDTIONS OF USE

Last Updated on August 21, 2015

 

By accessing or using the Event Tent website, the Event Tent service, or any applications (including mobile applications) made available by Event Tent (together, the “Service”), however accessed, you agree to be bound by these terms of use (the “Terms of Use”). The Service is owned or controlled by Event Tent, LLC (“Event Tent” or the “Company”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

 

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EVENT TENT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

The Event Tent Platform

Event Tent exists to provide our users (each a “User”) with the ability to quickly and efficiently find, create, and promote events (each an “Event”) while interacting with other Users by sharing photos and videos at the location of an Event and viewing photos and videos posted by others.

Users can use our Services to create, post, share and promote an Event to help other Users find and attend an Event. All Event submissions will be reviewed and must be approved before the Event is posted to the public. If an Event submission does not follow the guidelines of the Terms of Use, Event Tent will reject the submission and it will not be posted.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Event Tent may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Events on the App that have a third-party sponsor (i.e. title, financial, media, or signature sponsors) may be featured by the Company as a special event (a “Special Event”). In the event that an Event is featured as a Special Event, the Company may, in its sole discretion, accept additional sponsorship for such Event.

Decisions with respect to how certain Events and Special Events are featured (or decisions with respect to sponsorship of such events) are made between the Company and individual creators and/or sponsors of such events, and, accordingly, are subject to additional terms and conditions, as applicable.

 

General Terms of Use

You must be at least eighteen (18) years old to use the Service. If you are not at least 18 years old, you may not use the Services at any time or in any manner or submit any information to the Company’s mobile application (the “App”), the website (the “Site”) or any part of the Services. The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geo location information.

Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. Any of your Information, including geolocational data, you upload, provide, or post on the Site may be accessible to the Company and certain other Users, and the Company is not responsible for any consequences resulting to you from your posting of your location via the Service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Event Tent prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Event Tent upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that you are responsible for all data charges you incur through use of the Service.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use. We reserve the right to retain your Content, even after they have expired from view within the App or even after you have deleted them, including, without limitation, in order to comply with certain legal obligations, but it may not be retrievable without a valid court order. Consequently, Event Tent encourages you to maintain your own backup of your Content. In other words, Event Tent is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Event Tent will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. However, you agree that we have no obligation to retain any Content for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of Content.

Event Tent does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Event Tent a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Company’s Privacy Policy, available at www.eventtentapp.com/legal/privacy.

Although it is Event Tent’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you deactivate your account, your Content will no longer be accessible through your account, but those materials and data may persist and appear elsewhere within the Service (e.g., if your Content has been re-shared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.

You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Event Tent is not responsible or liable for the conduct of any User. Event Tent reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

Violation of these Terms of Use may, in Event Tent’s sole discretion, result in termination of your Event Tent account. You understand and agree that Event Tent cannot and will not be responsible for the Content posted, Events created, or Events attended on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Event Tent, we can stop providing all or part of the Service to you.

 

Further Representations as to Content

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Content provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Event Tent a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Content submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same (“Submission License”). Without limiting the foregoing, you agree that the Submission License gives Event Tent the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Content in any and all media or distribution methods, now known or later developed. No use of Content in accordance with the Submission License shall entitle you to any compensation from Event Tent, or any third party.

You acknowledge and agree that your relationship with Event Tent is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Event Tent in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Event Tent, and Event Tent will not be liable for any use or disclosure of any Content you provide.

 

Unauthorized Activities

When using the App, the Site and/or any other part of the Services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or use racially or ethnically offensive language.
  • Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.
  • Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive events, photos, videos or other content via the Service, or discuss or incite any illegal activity.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, crawler, scraper or other automated means to access the Services, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Event Tent page is rendered or displayed in a User’s browser or device.
  • Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications, including any suggestion or implication of Events which are fictional, to any other Users.
  • Change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Event Tent.
  • Alter the opinions or comments posted by others on the Services.
  • Post anything contrary to our public image, goodwill or reputation.

 

This list of prohibitions provides examples and is not exhaustive or exclusive. Event Tent reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Event Tent determines is inappropriate or disruptive to the Services or to any other User of the Services.

 

Event Tent may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Event Tent’s discretion, Event Tent will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the App, the Site or in use of the Services.

 

 

Third Party Content

 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Event Tent does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Event Tent is in no way responsible or liable for any such third-party services or features.

 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

 

You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Event Tent has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Event Tent Parties (defined below) harmless for activity related to the Application.

 

 

Event Tent’s Content and Intellectual Property

 The Service contains content owned or licensed by Event Tent (“Event Tent Content”). Event Tent Content is protected by copyright, trademark, patent, trade secret and other laws, each as applicable, and, as between you and Event Tent, Event Tent owns and retains all rights in the Event Tent Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Event Tent Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Event Tent Content.

 The Event Tent name and logo are trademarks of Event Tent, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Event Tent, In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Event Tent, and may not be copied, imitated or used, in whole or in part, without prior written permission from Event Tent.

 It is Event Tent’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Event Tent does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Event Tent is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

 

 

 

Copyright Complaints

The Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please submit the following information:

 

(i)     a description of the copyrighted work that you claim has been infringed, including specific location on the Site where the material you claim is infringed is located. Include enough information to allow the Company to locate the material, and explain why you think an infringement has taken place;

(ii)    a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

(iii)   your address, telephone number, and e-mail address;

(iv)   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(v)    a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(vi)   an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

All notices of possible infringement must be sent to the Company at the following address: PO Box 397 Atlanta, GA 30301. This address is provided solely so that you can send us notices of possible infringement. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, or questions or concerns regarding this Agreement generally, will not receive a response through this process.

 

 

Indemnification

You agree to defend, indemnify and hold Event Tent, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees (the “Event Tent Parties”), harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: (i) your Content, your Event or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. Event Tent shall provide notice to you of any such Claim, provided that the failure or delay by Event Tent in providing such notice shall not limit your obligations hereunder. Event Tent reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Event Tent’s defense of such matter.

 

 

 

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVENT TENT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EVENT TENT MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. EVENT TENT IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND EVENT TENT WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT EVENT TENT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE OR THROUGH THE APP, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, EVENT TENT IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND EVENT TENT HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to Event Tent. Event Tent, in its sole discretion, may investigate the claim and take necessary action.

 

 

Liability of Limitation

UNDER NO CIRCUMSTANCES WILL THE EVENT TENT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE EVENT TENT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EVENT TENT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EVENT TENT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE EVENT TENT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE EVENT TENT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EVENT TENT ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE EVENT TENT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE EVENT TENT PARTIES.

 

EVENT TENT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

 

Confidentiality

 You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to the Company’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Company for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to you, without restriction, from a source other than the Company without breach of this Agreement by you and otherwise not in violation of the Company’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.

 

 

No Agency

 You and the Company are independent parties, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.

 

Notices

 Except as explicitly stated otherwise, any notices to the Company shall be given by certified mail, postage prepaid and return receipt requested to:

 

Event Tent, LLC

Attn: Corporate Secretary

PO Box 397

Atlanta, Georgia 30301

 

Such notice shall be deemed given five (5) days after the date of mailing.

 

Any notices to you shall be provided to you through our Service or given to you via the email address you provide to the Company during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given five (5) days after the date of mailing.

 

Agreement to Arbitrate All Disputes and Legal Claims

 You and the Company agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the App, the Site and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules as they are then in effect, or as otherwise mutually agreed by you and the Company. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and the Company agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

 

Modification to this Agreement

 We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this Site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing these Terms of Use. Continued use of the App, the Site or the Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the App, the Site or the Services.

 

General

 These Terms of Use shall be governed by the laws of the State of Georgia without regard to choice of law principles. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by the Company, in our sole discretion in accordance with the “Notices” section hereof. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Event Tent and govern your use of the Service, superseding any prior agreements between you and Event Tent. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Event Tent. Any purported assignment or delegation by you without the appropriate prior written consent of Event Tent will be null and void. Event Tent may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.