EventWax Terms of Service Agreement
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use of the www.eventwax.com website (the "Site") and the services and software available on or through the Site (taken together with the Site, collectively, the "Service"). The Service is owned and operated by EventWax, LLC ("EVENTWAX"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by EVENTWAX. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.
EVENTWAX reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Service following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
2. DESCRIPTION OF EVENTWAX.
EVENTWAX provides a simple and quick means for registered users who are event organizers and planners ("Organizers") to collect event registration fees for their events online through the Internet from users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through PayPal or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM"). For more information, please see http://www.eventwax.com. This TOS applies to you and your use of the Service regardless of whether you are an Event Organizer, Buyer or other user of the Service.
3. YOUR USE OF THE SERVICE.
3.1 The Service.
You shall use the Service only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Service as an Organizer); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service. EVENTWAX may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.
If you are allowed to download any software in connection with the Service ("Software"), subject to the terms and conditions of this TOS, EVENTWAX grants you a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this TOS and the written instructions/directions (if any) provided by EVENTWAX. For clarity, the Software will be deemed a part of the "Service" hereunder.
4. PAYMENT METHODS.
There is one type of payment processing option Organizers may elect when using the Service: (1) "Self Service", which consists of collecting event registration fees using FPMs. Monetary payments will be made to the Organizer directly by the Buyer (via FPMs).
4.2 Self Service.
(a) Independent Relationship.
(b) Service Charges.
Organizers will collect all monies directly from Buyers. If you are using the Service as an Organizer, by registering for and using the Self Service payment processing option, you agree to (i) pay EVENTWAX the then-current service charges set by EVENTWAX for use of the Self Service payment processing option, which payments shall be due and payable upon receipt of the invoice setting forth such charges. Invoices are sent monthly for service charges incurred in the previous month (for more information, go to http://www.eventwax.com/pricing), and (ii) accept the responsibility for providing refunds to Buyers at your own discretion. EVENTWAX will not be responsible or liable for refunds or the lack thereof issued in the course of the use of FPM.
(c) Payment of Service Charges.
Organizer agrees to keep a valid credit card on file with EVENTWAX on which EVENTWAX will charge Organizer monthly for service charges incurred by Organizer according to 4.2 (b) above. Organizer is liable for all service charges incurred, even for tickets sold and then subsequently cancelled by Buyer or refunded by Organizer.
If you are using the Service as an Organizer, you are responsible for (and will indemnify EVENTWAX against) all taxes associated with your sale of tickets through the Service (excepting taxes based on EVENTWAX’s income). EVENTWAX reserves the right to withhold the payment of any amounts owed to you hereunder if EVENTWAX suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this TOS, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by EVENTWAX).
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Service registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EVENTWAX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EVENTWAX cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by EVENTWAX at the Site (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. EVENTWAX may own the Site Content or portions of the Site Content may be made available to EVENTWAX through arrangements with third parties. Except as expressly authorized by EVENTWAX in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of EVENTWAX. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as an Organizer, Buyer or otherwise, you hereby grant to EVENTWAX a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). EVENTWAX reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to EVENTWAX by mail:
22 Sin Ming Lane
By Email: email@example.com
8.1 Certain Restrictions.
Whether you are using the Service as an Organizer, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Organizers, Buyers and other users of the Service. You agree not to use the Service to:
8.2 Certain Remedial Rights.
Whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge that EVENTWAX does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that EVENTWAX and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content, in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that EVENTWAX may preserve Your Content and may also disclose Your Content for any reason, including without limitation 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 this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EVENTWAX, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
If you are using the Service as an Organizer, EVENTWAX may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].eventwax.com). All such sub-domains are the sole property of EVENTWAX. In the event EVENTWAX provides you with a sub-domain, your right to use such sub-domain may be terminated by EVENTWAX at any time (with or without notice) for any reason or no reason.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws and regulations (foreign or domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
Whether you are using the Service as an Organizer, Buyer, Organizer Referrer, Buyer Referrer or otherwise, you agree to defend, indemnify and hold EVENTWAX, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of this TOS; or your violation of any rights of another. EVENTWAX shall provide notice to you of any such Claim. EVENTWAX 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 EVENTWAX’s defense of such matter.
12. SERVICE MODIFICATIONS/SUSPENSIONS.
EVENTWAX reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. EVENTWAX will not be responsible to you for a refund, in whole or part, ofsing out of: Your Content; your use of, contribution to or connection with the are expressly permitted under Section 4.3(b). You agree that EVENTWAX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
EVENTWAX, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due EVENTWAX, or if EVENTWAX believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that EVENTWAX may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that EVENTWAX shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this TOS that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because EVENTWAX has no control over such websites and resources, you acknowledge and agree that EVENTWAX is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that EVENTWAX shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
15. DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENTWAX 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. EVENTWAX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRANTY THAT: (i) TEO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX MAKES NO WARRAZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Organizers and/or third parties in connection with the Site or any other Service to Company. Company, in its sole discretion, may investigate the claim and take necessary action.
16. LIMITATION OF LIABILITY.
EVENTWAX SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR ANY: (I) 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 EVENTWAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND EVENTWAX’S REASONABLE CONTROL. EVENTWAX SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is EventWax, 22 Sin Ming Lane, Midview City, #02-073, Singapore 573969.
20. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of EVENTWAX (the "EVENTWAX Trademarks") used and displayed in connection with the Service are registered and unregistered trademarks or service marks of EVENTWAX. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with EVENTWAX Trademarks, the "Trademarks"). The offering of the Service should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of EVENTWAX specific for each such use. The Trademarks may not be used to disparage EVENTWAX, any third party or EVENTWAX’s or third party’s products or services, or in any manner (in EVENTWAX’ sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless EVENTWAX approves the establishment of such a link by prior written consent. All goodwill generated from the use of any EVENTWAX Trademark shall inure to EVENTWAX’s benefit.
21.1 Entire Agreement.
This TOS constitutes the entire agreement between you and EVENTWAX and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and EVENTWAX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software.
21.2 Choice of Law.
This TOS and the provision of the Service to you are governed by the laws of the state of Illinois, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Illinois by Illinois residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Wheaton, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and EVENTWAX agree to submit to the personal jurisdiction of the courts located within the city and county of Wheaton, Illinois. Either you or EVENTWAX may seek any interim or preliminary relief from a court of competent jurisdiction in Wheaton, Illinois, necessary to protect the rights or property of you or EVENTWAX (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
21.4 Invalid Provisions.
The failure of EVENTWAX to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.
21.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please send queries or reports of any violations of this TOS to firstname.lastname@example.org.