End-User License Agreement and Terms of Service
The below end-user license agreement and terms of service (“Agreement”) is a legal agreement between you (either an individual or single entity and sometimes referred to herein as “you”, “your” or “Customer”) and Eventric LLC (“Eventric”) for the Eventric software, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, data, and services (“Software”) that accompany this Agreement or that you have selected for your account with Eventric (“Account”). By installing, copying or otherwise using the Software, you agree to be bound by the following terms and conditions. Eventric reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Software, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Software after any such changes shall constitute your consent to such changes. You can review the most current version of this Agreement at any time at www.eventric.com/terms. Violation of any of the terms below will result in the termination of your Account. You agree to use the Software at your own risk.
A. License Grant
Subject to the terms of this Agreement, Eventric grants you a nonexclusive, nontransferable license to access and use the Software for your use only, without the right to sublicense such rights, provided you unconditionally agree to access and use the Software solely in accordance with this Agreement. You may copy information or materials generated from your access and use of the Software for your use only. Eventric reserves all rights not expressly granted to you in this Agreement. The Software is licensed, not sold. You will not allow the Software to become the subject of any charge, lien or encumbrance.
B. Account Terms
1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. 2. Your login may only be used by one person. A single login shared by multiple people is strictly prohibited. If you share your login, Eventric may terminate this Agreement and lock your login. You may create separate logins for as many people as your plan allows. You may not rent, lease, lend or provide commercial hosting services with the Software. 3. You are responsible for maintaining the security of your Account and password. Eventric is not liable to you or any third party for any loss or damage from your failure to comply with your security obligation. 4. You are responsible for all the material you or any individual associated with your Account provides to the Software (“Content”) and all activities that occur under each login associated with your Account. 5. You shall not use the Software for any illegal or unauthorized purpose. 6. You may not reverse engineer, decompile, disassemble, translate, or adapt the Software or attempt to do any of the foregoing, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and provided that prior to undertaking such measures, you shall afford Eventric the opportunity, in return for reasonable compensation, to provide an interface in order to create compatibility with such other software or systems.
C. Payment, Refunds, Upgrading and Downgrading Terms
1. You agree to maintain with Eventric at all times during the term of this Agreement valid credit card information for paying all amounts due under your Account. 2. The license fee for the Software is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of Software use, upgrade/downgrade refunds, or refunds for months unused with an open Account. 3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. 4. For any upgrade or downgrade in plan level, you agree that Eventric may automatically charge your credit card the new rate on your next billing cycle. 5. Downgrading your Software license may cause the loss of Content, features, or capacity of your Account. Eventric is not responsible for any associated losses.
D. Cancellation and Termination
1. You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not cancellation. You can cancel your Account at any time by selecting the Account link provided in the Software and located in the global navigation bar at the top of the screen and selecting the cancellation link. 2. If you cancel the Software, you may retrieve your data upon making payment in full of any amounts due. Such retrieval may be in hard copy or in electronic form and shall occur no later than five (5) days following receipt of payment. 3. If you cancel your plan to use the Software before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
E. Modifications to the Software and Prices
1. Eventric reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. If Customer requests specific modifications, Eventric may charge additional fees. All customer requested modifications, regardless of fees paid, are the sole property of Eventric. 2. Prices, including but not limited to monthly subscription plan fees to the Software, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Eventric site www.eventric.com or the Software itself. 3. Eventric shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any part or all of the Software.
F. Copyright and Content Ownership
1. The Software is protected by copyright and other intellectual property laws and treaties. Eventric or its suppliers own the title, copyright, and other intellectual property rights in the Software. You will not challenge the ownership or rights in the Software or Third Party Software. You may not remove, modify or alter any copyright, trademark or patent notice from any part of the Software. You shall not have any rights in the trademarks, service marks or designs of Eventric and its suppliers, all of which remain the exclusive property of Eventric or its suppliers, as applicable. You agree not to undertake any action that will interfere with or diminish Eventric‚Äôs right, title or interest in its trademarks or trade-names or any of its rights under patent, trademark or copyright laws. Suppliers of Eventric shall be deemed third party beneficiaries with respect to the license grant and restrictions applicable to their proprietary products. 2. Eventric claims no intellectual property rights over your Content. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. 3. Eventric does not pre-screen Content, but Eventric and its designated moderators have the right (but not the obligation) in their sole discretion to refuse to display to other users of the Software or remove any Content. 4. The Software is copyright ¬© 2009 Eventric LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the Software without express written permission from Eventric.
G. General Conditions
1. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVENTRIC DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF DEFECTS, WILL OPERATE UNINTERRUPTED, SECURE OR ERROR FREE OR WILL SATISFY YOUR OPERATIONAL REQUIREMENTS. 2. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF EVENTRIC FOR DAMAGES FROM ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO EVENTRIC OVER THE PAST MONTH. IN NO EVENT SHALL EVENTRIC BE LIABLE FOR LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (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 SOFTWARE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. 3. Technical support is only provided to paying Account holders. 4. You understand that Eventric uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Software and agree that Eventric may share your data with any of these entities for the purpose of providing the Software. 5. You shall not modify, adapt or “hack” the Software or modify another website so as to falsely imply that it is associated with the Software, Eventric, or any other Eventric service. 6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software, use of the Software, or access to the Software without the express written permission by Eventric. 7. We may, but have no obligation to, remove Content and terminate Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of this Agreement. 8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Eventric customer, employee, member, or officer or any other user of the Software will result in immediate Account termination. 9. You understand that the technical processing and transmission of the Software, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 10. You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. 11. You shall not transmit any worms or viruses or any code of a destructive nature. 12. You agree that Eventric and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Eventric may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 13. You agree to comply with all laws, regulations, permits, orders and other restrictions to the extent that they are applicable to the procurement and use of the Software, including any embedded third party software, and shall not, directly or indirect, export or re-export (as defined in the United States Export Administration Regulations) any such software or any information about such software to any country for which the United States government or any agency thereof requires an export license or other governmental approval without first obtaining the same. 14. The failure of Eventric to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Eventric and govern your use of the Software, superseding any prior agreements between you and Eventric (including, but not limited to, any prior versions of this Agreement). 15. This Agreement or any interest hereunder shall not be assigned or transferred by you without the prior written consent of Eventric and subject to such reasonable terms and conditions that Eventric may impose. 16. This Agreement is governed by the laws of the State of Illinois without regard to conflict of law principles. 17. This Agreement (including any addendum or amendment to this Agreement which is included with the Software) constitutes the entire agreement and understanding between you and Eventric with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. This Agreement may only be amended by a writing signed by both parties and shall inure to the benefit of and be binding upon each party‚Äôs successors and permitted assigns. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. 18. Questions about this Agreement should be sent to email@example.com.