TERMS OF SERVICE
Eventus Labs LLC Terms of Service
Effective April 1, 2025
We are Eventus Labs LLC, d/b/a Eventus (“Eventus,” "Company," "we," "us," "our"). Eventus
(together with its affiliates, agents, representatives, consultants, employees, officers, and
directors), a Delaware corporation, operates the mobile application Eventus (the "App"), which
allows users to offer, sell, or buy event tickets or third-party services and enables curators to
manage marketing, ticketing, attendance, and payment collection (collectively, such services, as
well as any other related products and services that refer or link to these legal terms (the "Legal
Terms"), including new features within the App, together with the App, the "Services").
Portions of the Services are publicly available to all visitors to the Site (the “Visitors”), whereas
other portions of the Services are available only to registered users with an Account on the
Services (collectively, the “Members”). These Terms of Service (“Agreement”) applies to both
Visitors and Members (collectively, the “Users”).
Please read this Agreement carefully before you start to use the Services. These Legal Terms
constitute a legally binding Agreement made between you, whether personally or on behalf of
an entity ("you"), and Eventus Labs LLC, its parents, subsidiaries, representatives, affiliates,
officers and directors, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
BY CLICKING THE “AGREE” BUTTON WHEN CREATING AN ACCOUNT OR LOGGING IN,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT
AND THE PRIVACY POLICY; REPRESENT THAT YOU HAVE THE AUTHORITY AND ARE
FULLY ABLE AND COMPETENT TO ENTER THIS AGREEMENT ON BEHALF OF
YOURSELF OR AN ENTITY; REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO
A BINDING AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE
LEGALLY BOUND BY ITS TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO
THESE TERMS, DO NOT USE THE SERVICES.
We will provide you with prior notice of any scheduled changes to the Services you are using.
Changes to Legal Terms will become effective thirty (30) days after the notice is given, except if
the changes apply to bug fixes, security updates, and new functionality, in which case the
changes will be effective immediately. By continuing to use the Services after the effective date
of any changes, you agree to be bound by the modified terms. If you disagree with such
changes, you may terminate Services as per the section "TERM AND TERMINATION. "The
Services are intended for users who are at least 18 years old. Persons under the age of 18 are
not permitted to use or register for the Services.
1. OUR SERVICES
Eventus is your all-in-one platform to find events, create unforgettable experiences, and connect
with communities. Whether you're looking for concerts, workshops, parties, or meetups, Eventus
helps you discover what’s happening around you with ease.
2. USER REGISTRATION
You will be required to create an account to use the Services (your “Account”). You agree to
keep your password confidential and will be responsible for all use of your Account and
password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You are solely responsible for maintaining the confidentiality of your Account and password and
for restricting access to your computer/mobile device. You agree to accept responsibility for all
activities, charges (if applicable), and damages that occur under your Account. If you discover
any unauthorized use of your Account, or other known Account-related security breach, you
must report it to us immediately. You agree that you are responsible for anything that happens
through your Account until you close your Account or prove that your Account security was
compromised due to no fault of your own. We cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (6) you will not use the Services
for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
3. USER REPRESENTATIONS
Organizer Obligations. Members who organize and promote events and offer, sell or otherwise
distribute tickets to events (“Events”) through the Services are referenced herein as Organizers.
Organizer represents and warrants that it (a) is authorized to promote the Event through the
Services, that it will obtain all applicable licenses, permits, and authorizations for such Event
(“Authorizations”) prior to offering, selling, or distributing such Event tickets through the
Services, and that it shall provide evidence of such Authorizations promptly upon Eventus’
reasonable request from time to time; (b) will comply with all applicable laws, rules, or
regulations related to Organizer ’s promotion or hosting of such Event, including but not limited
to enforcement of any applicable venue rules or identity verification of Event attendees;
promoting or hosting such Event; and (c) that each of Organizer’s Event listings is accurate,
current, complete, and not misleading or otherwise deceptive. Organizer understands and
agrees that it is solely responsible for its Events and the Event tickets that it makes available or
distributes through the Services, including posting or making available any applicable terms and
conditions regarding such Events or Event tickets and that it is solely responsible for any fees or
costs incurred in connection with, and for paying any applicable income, sales, or other taxes
that Organizer may be subject to, as a result of using the Services.
Consumer Obligations. Users who purchase Event tickets from Organizer from Eventus through
the Services are referenced herein as “Consumers.” Consumer understands and agrees that (a)
Eventus does not sell, and is not responsible for, the Events promoted on the Services or the
Event tickets made available for purchase on the Services and is merely a content host for such
Events; (c) Events made available through the Services may be subject to the applicable terms
and conditions as stated by the Organizer, and Consumer is responsible for complying with
such Event terms and conditions. Consumer is responsible for payment of all fees and charges
(such as taxes, if applicable and Eventus processing fees for the transaction) for purchases
made on the Services through Consumer’s Account, and for providing and maintaining current
and accurate payment details in Consumer’s Account.
User Acknowledgment of Marketplace Platform; Refund Policy. Eventus is not responsible for
any loss or damage arising out of any decisions ultimately made or implemented based on a
User’s use of the Services, including but not limited to losses or damages relating to attendance
at any Events. Eventus has no control over and does not guarantee the pricing, existence,
quality, safety or legality of any Events or Event tickets, including any related User Content,
promoted on the Services. All purchases made on the Services are subject to the refund
policies of the applicable Organizer and/or Event. Consumers may be able to request refunds
under certain circumstances if permitted by the applicable Organizer and/or Event, however
Eventus processing fees are non-refundable and will not be included in any refunds processed
on the Services, regardless of the reason for the refund. Consumers may request a refund by
contacting the Organizer of an applicable Event or contacting us at
customersupport@eventusapp.com to be put in contact with such Organizer.
User Interactions. Subject to the terms of the Eventus Privacy Policy, your direct interactions (if
any) with other Users, including the purchase of, sale of, payment for, and delivery of goods or
services, and any other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and that individual User. Except as otherwise specifically
stated herein, Eventus is not involved in any actual transactions made through the Services.
Eventus is not the agent or representative of any User for any purpose whatsoever and that it is
not responsible for any loss or damage incurred as the result of any such dealings or with
respect to any other User’s use or disclosure of your personally identifiable information. For
details about our information collection practices, please see our Privacy Policy. IF THERE IS A
DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION,
ANY MEMBER OR VISITOR OF THE SERVICE), EVENTUS IS UNDER NO OBLIGATION TO
BECOME INVOLVED, AND YOU HEREBY RELEASE EVENTUS FROM ANY CLAIMS,
DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR
RELATING TO ANY SUCH DISPUTE.
4. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and
around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only.
Your use of our Services
License Grant: Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
● access the Services; and
● download or print a copy of any portion of the Content to which you have properly gained
access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to:
customersupport@eventusapp.com. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
Reservation of Rights: Eventus reserves the right to modify, suspend or discontinue all or any
aspect of the Services to anyone for any reason at our sole discretion, with or without any
notice. Eventus reserves the right to modify, suspend, or discontinue the Services (including, but
not limited to, the availability of any feature, database, or content), whether temporarily or
permanently at any time for any reason. You agree that Eventus shall not be liable to you or to
any third party for any modification, suspension, or discontinuation of the Services. We may also
impose limits on certain features and services or restrict your access to parts or all of the
Services without notice or liability. Eventus may, in its sole discretion: (a) cancel unconfirmed
Accounts, duplicate Accounts, or Accounts that have been inactive for a substantial period of
time; (b) delay, refuse to display, or remove content or listings; (c) remove any special status
associated with an Account, and (d) take technical and/or legal steps to limit or prevent any
User’s use of the Services, including imposing limits on certain features of the Services or
restricting access to parts or all of the Services, in each case without notice or liability.
User Content
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using
our Services to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in chats, blogs,
message boards, online forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and materials to us or through
the Services, including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
Submissions and Contributions shall both be considered “User Content.”
You understand that User Content may be viewable by other users of the Services and possibly
through third-party websites.
When you post User Content, you grant us a license (including use of your name,
trademarks, and logos): By posting any User Content, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your User
Content (including, without limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other
works, your User Content, and to sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions (together, User Content”) through any part of the Services or making User Content
accessible through the Services by linking your account through the Services to any of your
social networking accounts, you:
● confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post
any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
● to the extent permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
● warrant that any such Submission and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
● warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your User Content and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any User
Content, we shall have the right to remove or edit any User Content at any time without notice at
our discretion, including if, in our reasonable opinion, we consider such User Content harmful or
in breach of these Legal Terms. If we remove or edit any such User Content, we may also
suspend or disable your Account.
Copyright infringement
We respect the intellectual property rights of others and comply with the Digital Millennium
Copyright Act (“DMCA”). If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the
Services available.
As a user of the Services, you agree not to:
● Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
● Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
● Use any information obtained from the Services in order to harass, abuse, or harm
another person.
● Make improper use of our support services or submit false reports of abuse or
misconduct.
● Use the Services in a manner inconsistent with any applicable laws or regulations.
● Engage in unauthorized framing of or linking to the Services.
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
● Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
● Delete the copyright or other proprietary rights notice from any Content.
● Attempt to impersonate another user or person or use the username of another user.
● Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
● Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
● Harass, annoy, intimidate, or threaten any user of the Services.
● Attempt to bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of the Services.
● Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services.
● Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
● Use a buying agent or purchasing agent to make purchases on the Services.
● Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
● Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial enterprise.
If for any reason we determine that you have failed to follow these rules, we reserve the right to
prohibit any and all current or future use of the Services by you. If we have reason to suspect, or
learn that anyone is violating this Agreement, we may investigate and/or take legal action as
necessary including bringing a lawsuit for damages caused by the violation. We reserve the
right to investigate and take appropriate legal action, including without limitation, cooperating
with and assisting law enforcement or government agencies in any resulting investigations of
illegal conduct.
6. USER GENERATED CONTENT
The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively, "User
Content"). User Content may be viewable by other users of the Services and through third-party
websites. As such, any User Content you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any User Content, you thereby represent
and warrant that:
● The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your User Content do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
● You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other users of
the Services to use your User Content in any manner contemplated by the Services and
these Legal Terms.
● You have the written consent, release, and/or permission of each and every identifiable
individual person in your User Content to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your User Content in
any manner contemplated by the Services and these Legal Terms.
● Your User Content is not false, inaccurate, or misleading.
● Your User Content is not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
● Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
● Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
● Your User Content does not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
● Your User Content does not violate any applicable law, regulation, or rule.
● Your User Content does not violate the privacy or publicity rights of any third party.
● Your User Content does not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
● Your User Content does not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
● Your User Content does not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the Services.
Disclaimer of Content. Eventus acts as a content host where Users contribute User Content.
Accordingly, Eventus does not control and is not responsible for the User Content posted or
submitted through the Services and Eventus does not guarantee the accuracy, integrity, quality
or appropriateness of any User Content transmitted to or through the Services. All User Content
posted on the Services is the sole responsibility of the person from whom such User Content
originated. Eventus may, but has no obligation to screen, preview, monitor, or approve any User
Content posted or submitted to the Services. Under no circumstances will Eventus be liable in
any way for any User Content.
Disclaimer of Actions of Users. Eventus does not endorse and is not responsible or liable for
any Events, products or services, including but not limited to Event tickets, available or
unavailable from, or promoted through, the Services. Your dealings with any other User, and any
other terms, conditions, representations or warranties associated with such dealings, are
between you and such User exclusively and do not involve Eventus. You should make whatever
investigation or other resources that you deem necessary or appropriate before purchasing from
other Members. Eventus is not responsible for the accessibility or unavailability of any User.
YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST EVENTUS
RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY OTHER USER AND
RELEASE EVENTUS FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY
INTERACTIONS OR DEALINGS WITH OTHER USERS.
7. CONTRIBUTION LICENSE
By posting User Content to any part of the Services or making User Content accessible to the
Services by linking your account from the Services to any of your social networking accounts,
you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such User Content (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works, such User Content, and
grant and authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your User Content, and you warrant that moral
rights have not otherwise been asserted in your User Content.
We do not assert any ownership over your User Content. You retain full ownership of all of your
User Content and any intellectual property rights or other proprietary rights associated with your
User Content. We are not liable for any statements or representations in your User Content
provided by you in any area on the Services. You are solely responsible for your User Content
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your User Content.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any User Content; (2) to re-categorize any User Content to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any User Content at any time and for
any reason, without notice. We have no obligation to monitor your User Content.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices strictly in accordance with
the terms and conditions of this mobile application license contained in these Legal Terms. You
shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor,
commercial enterprise, or other purpose for which it is not designed or intended; (6) make the
App available over a network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited commercial email; or (9) use
any proprietary information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google
Play (each an "App Distributor") to access the Services: (1) the license granted to you for our
App is limited to a non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules
set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified in the terms and
conditions of this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its terms and policies,
may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation whatsoever with
respect to the App; (4) you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US government as a
"terrorist supporting" country and (ii) you are not listed on any US government list of prohibited
or restricted parties; (5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Legal Terms against you as a third-party
beneficiary thereof.
9. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you
have with third-party service providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or grant us access to
your Third-Party Account, without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the "Social Network Content") so that it is available
on and through the Services via your account, including without limitation any friend lists and (2)
we may submit to and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, Social Network Content
may no longer be available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the Services and
your Third-Party Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Accounts, except the username and profile picture
that become associated with your account.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
11. ADVERTISERS
The Services may contain third party advertisements, corporate sponsorships and/or branded
content. The third parties that provide these advertisements or sponsorships are solely
responsible for ensuring that the materials submitted for inclusion on the Services are accurate
and that they comply with all applicable laws. We are not responsible for the acts or omissions
of any sponsor or advertiser.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your User
Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of the
Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: [Link to be added].
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in the United States. If you
access the Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Services, you are transferring your data
to the United States, and you expressly consent to have your data transferred to and processed
in the United States.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others and comply with the Digital Millennium
Copyright Act (“DMCA”). If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify the Eventus
Copyright Agent by email at customersupport@eventusapp.com or by mail to the address in the
Contact Us section. Please do not send notices or inquiries about anything other than alleged
copyright infringement or other intellectual property claims to our Agent for Notice. Your email
must contain the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
b. information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an e-mail address;
c. a description of the copyrighted work that you claim has been infringed;
d. a description of where the material that you claim is infringing is located on the Services,
sufficient for us to locate the material; your address, telephone number, and email
address;
e. 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; and
f. a statement by you that the information in your notice is accurate and, under penalty of
perjury, that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the
Copyright Act, any person who knowingly materially misrepresents that material is infringing or
was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, we have adopted a policy of, in
appropriate circumstances, terminating User Accounts that are repeat infringers of the
intellectual property rights of others. We may also terminate User Accounts even based on a
single infringement.
If you believe that your User Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the material in your User Content, you may send
a written counter-notice containing the following information to the Copyright Agent: (1) Your
physical or electronic signature; (2) Identification of the User Content that has been removed or
to which access has been disabled and the location at which the Content appeared before it
was removed or disabled; (3) A statement that you have a good faith belief that the User
Content was removed or disabled as a result of mistake or a misidentification of the User
Content; and (4) Your name, address, telephone number, and email address, a statement that
you consent to the jurisdiction of the federal court in San Diego, California and a statement that
you will accept service of process from the person who provided notification of the alleged
infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the
counter-notice to the original complaining party informing that person that it may replace the
removed User Content or cease disabling it in 10 business days. Unless the copyright owner
files an action seeking a court order against the User Content provider, member or user, the
removed User Content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at our sole discretion.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. The term of
Agreement commences when you access the Services by any means and will continue in effect
until terminated by you when you cancel your Account, or by us as set forth below. You may
terminate this Agreement by canceling your Account through your account settings or by
sending us an email at customersupport@eventusapp.com.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Upon termination, your license to use our Services terminates and you must cease all use of the
Services. All provisions of this Agreement that by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity, limitations of liability, and arbitration. You acknowledge and understand that our rights
regarding any User Content you submitted to the Services before your Account was terminated
shall survive termination. For the avoidance of doubt, we may retain User Content in our
backups, archives and disaster recovery systems until such User Content is deleted in the
ordinary course of business. Termination will not limit any of Eventus’ rights or remedies at law
or in equity.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the State of California applicable to agreements made and to be entirely
performed within the State of California, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in San Diego, California. Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in San Diego, California, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum
non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Class Action Waiver
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Arbitration
The Parties agree that the above provisions concerning binding arbitration do not apply to
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party. Either party may also seek relief in a small claims court for disputes or
claims within the scope of that court’s jurisdiction. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
30 Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver
provisions set forth above by sending written notice of your decision to opt-out to us at
customersupport@eventusapp.com. The notice must be sent within thirty (30) days of your first
use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the
terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be
bound by them.
Changes to This Section
We will provide thirty (30) days’ notice of any changes to this section. Changes will become
effective on the 30th day, and will apply prospectively only to any claims arising after the 30th
day. The Agreement and the relationship between you and Eventus shall be governed by the
laws of the State of California without regard to conflict of law provisions.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your User Content; (2) use of the Services; (3)
breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
25. SMS TEXT MESSAGING
If opted in upon sign up, we will alert you via text about receipts and other important
event-related messages at the phone number provided. Message and data rates may apply.
Message frequency varies.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with
"STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email
us at customersupport@eventusapp.com.
26. MISCELLANEOUS
Entire Agreement
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services, including our Privacy Policy and any applicable Supplemental Terms,
constitute the entire agreement and understanding between you and us with respect to the
Services, and supersedes all prior or contemporaneous understandings and agreements of the
parties, whether written or oral, with respect to the Services.
Assignment
This Agreement is personal to User, and you may not assign, transfer, sub-license,
sub-contract, charge or otherwise encumber any of your rights or obligations under this
Agreement without the prior written consent of Eventus. Eventus may assign, transfer, or
delegate any of its rights and obligations hereunder without your consent. Any attempted
assignment in violation of this Section shall be null and void.
Waiver
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. In the event of a conflict between this Agreement and any applicable
purchase or other terms, the terms of this Agreement shall govern.
Relationship of the Parties
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Legal Terms or use of the Services.
Severability
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal
Terms and does not affect the validity and enforceability of any remaining provisions.
Modification
We reserve the right, at our sole discretion, to amend, modify or replace this Agreement,
including the Privacy Policy or any Supplemental Terms, at any time. The most current version
of this Agreement (with the revision date stated) will be made available through the Site. In the
event that we make material changes to the Agreement, we will notify you by displaying a
prominent notice on the Site or by sending an email to the email address affiliated with your
Account. Updated versions of the Agreement will never apply retroactively and the updated
Agreement will give the exact date they go into effect. It is your responsibility to check the Site
periodically for changes to the Agreement. Use of the Services by you following any
modification to the Agreement constitutes your acceptance of the Agreement as modified.
Without limiting our ability to refuse, modify, or terminate all or part of our Services, we may also
terminate this Agreement at any time for any reason, at our sole discretion, by giving notice of
such termination.
Misc.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
Eventus Labs LLC
c/o Northwest Registered Agent Service, Inc.
Address: 8 The Green STE B
Dover, DE 19901
customersupport@eventusapp.com