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Privacy Policy & Terms of use
Evenet App Privacy Policy:
Effective date: Jan 07, 2022
This privacy policy explains how we “EVENET.App”, “we”, “us”, “our”) process your personal information (“you”, “your”) when you use our website, app or other services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY.
By clicking the button “Continue” in our mobile application EVENET.App (“App”) or by using our Website located at Evenet.App (“Website”), you acknowledge and (if applicable) agree to the information set out in the following Privacy Policy.
Please do not use our services unless you are 18 years old or over.
Please note: Individuals in the European Economic Area (EEA) and the UK should also read our section about “Your EEA & UK Data Privacy Rights”.
Individuals in California should also read our section about “Your California Data Privacy Rights”.
Individuals in Nevada should also read our section about “Your Nevada Data Privacy Rights”.
1. Who does this privacy policy apply to? This policy applies to: our Website and App users; our hosts who post experiences in our service; and persons who interact with us, when you call us, chat with us, or email us. This policy applies to you whether you act in your personal capacity or as an employee or agent of an organization.
2. What types of information do we collect? Generally, “personal information”, “personal data” or similar terms refer to any information that identifies you or relates to you. However, the exact meaning of personal information may be determined by the law of the country of your residence. We will process the following information which may be considered personal information: Your user details when you sign up as a user of our services, such as your name, surname, date of birth, age, gender, your story, your city or place, your occupation, your image, and contact details such as your telephone number and email address. Transaction information such as your donations in our app, including date of donation / purchase, currency, amount, payment type and the last four digits of your card number. When accessing our services, your device and browser will automatically provide unique information such as account ID, mobile device ID, internet protocol (IP) address, cookie ID or online identifiers, operating system, browser type, time zone setting, location and date and time of access. Our systems may record usage data about how you navigate and engage with our services, use our features, download materials, security logs will be kept, online activity data such as clickstream data with URLs visited previously, page interaction information (such as scrolling, clicks, and mouse-overs), your preferences (including country and language), and methods used to browse away from our services. Some of our features rely on real-time information about the location of your device where you enabled the functionality on your device. Information that you provide about your interests and occupation or that we otherwise collect about your preferences and interests known, observed or inferred. Third party data about you such as your interaction with our posts and content and ‘likes’ on social media platforms, such as Twitter and Instagram, TikTok, Facebook, VK profile information, preferences and interests from advertising and analytics partners, information from our suppliers, and information from other users about you. When we send you emails or other communications, we may collect technical interaction information, such as open rates and if you clicked on any content. When you contact or visit us, we may process the details of your request, communications, complaints, or other interaction. Your phone contact list so that you can choose to invite your phone contacts to join the App or see which phone contacts are already on the App. If you are the phone contact of an App user we may use your phone number to invite you to use the App but only if the existing registered App user requests that we do this. Sensitive personal information, if you choose to provide it, for example in your bio. This could be information such as, for example, about your political opinions, religious or philosophical beliefs, health or sexual orientation. If you choose to use our App and to share sensitive personal information on it (e.g., as part of your biography, in a message, or event invite), this will constitute your explicit consent to our processing that information. You will be free to edit or remove such information at any time if you no longer wish to share such information. Our social media community is based on transparency and each user must share some basic information about themselves and their image before joining. We will carry out a basic check of your details before approving your application to join. We will be unable to unlock all features of our app, provide some of our services or respond to your enquiries unless you provide the required personal information.
3. Data accuracy We will rely on the information provided by you as accurate, complete, and up to date.
4. What information do we collect and why? Generally, we will use your personal information to (i) provide our services and enable you to use our service features, (ii) respond to your queries, (iii) develop and promote our organisation and services; (iv) ensure the security and technical availability of our services; and (v) comply with the law. * If you are an individual in the EEA or the UK, we have to inform you about the “legal ground” for us to use your “personal data”. This will typically be the performance of our contract with you (based on our Terms of Use) or our legitimate interest to use your personal data to ensure that our services are provided properly, efficiently and securely, as is further explained in the table below. Where we rely on legitimate interests as the legal basis for processing personal data, we have considered whether or not those interests are overridden by the interests or fundamental rights or freedoms of the individuals whose data are being processed and concluded that the processing is, on balance, fair. Purpose Personal information Legal ground for processing* (for individuals in the EEA and UK only) To assist and contact you in relation to your enquiry or to send you information which you have requested about our services. contact details of your request Necessary for our legitimate interest in responding to queries, maintaining business relationships and administering our business or to take necessary steps at your request prior to entering into a contract with you. To register you as a service user when you sign up for our services and to enable you to use our services and service functionalities. user details contact details device & browser data usage data phone contact list Necessary for the performance of our contract with you and for our legitimate interest in running our social media community. To share information about you with our social media community, such as your username, story, image, bids and other user information which is visible by all members of our social media community. user details transaction information phone contact list Necessary for the performance of our contract with you and for our legitimate interest in running our social media community. To enable you to operate your account as a host and attendee and to provide offers and interact with our social media community. user details contact details device & browser data usage data transaction information Necessary for the performance of our contract with you and for our legitimate interest in providing meaningful features to our hosts. To fulfil your requests and send you service communications and notifications about matters relevant to your use of our services and your engagement with us, such as information about offers you might be interested in, targeted content, confirmations of donations, details of events, surveys, changes in our terms, etc. user details contact details preferences and interests location device & browser data usage data Service communications are necessary for the performance of our contract with you. Other notifications are necessary for our legitimate interest in satisfying your requests, facilitating our services and organising related business activities. Push notifications are generally subject to your consent given on your device. To send you promotional information through various marketing channels including post, email, social media, telephone, SMS, etc. about our services and our organisation, reviewing and optimising campaign performance and profiling information about your interests known, observed or inferred for direct marketing purposes. For example, we use your contact details to display relevant ads through Instagram or other social media platforms. Social media and advertising providers may use their own information about you to help us make our ads most relevant. user details contact details preferences and interests location device & browser data usage data email interaction data third party data Some of our promotions are necessary for the performance of our contract with you. We will also use your information as is necessary for our legitimate interest in understanding your interests for direct marketing purposes from the information available to us, information observed or inferred and third party information, in promoting our business and understanding campaign metrics. We will obtain your consent and provide you with an “opt-out” option where required by law. For example, your consent will be required to place cookies or similar technologies on your device or to read information on your device. To improve and develop our services, including to: obtain feedback; record likes and preferences; conduct statistical analysis use Google Analytics to understand the demographics of our users; make services and features more relevant; improve user experience; and work with third parties and evaluate data to improve and develop our services. usage data device & browser data aggregated data Necessary for our legitimate interest in delivering our services properly, efficiently and understanding our users’ needs. We will use cookies and similar technologies if you provided your consent. To ensure proper administration of our business, including to: keep appropriate records about how our services are used; resolve complaints; conduct troubleshooting; manage our business relationships and identify opportunities; register interactions with our communications, such as emails; enforce our terms; and debt collection. user details contact details usage data details of your requests aggregated data Necessary for our legitimate interest in the proper administration of our business, dispute resolution, ensuring technical operation of our services and debt collection and necessary for compliance with a legal obligation to which we are subject. To engage our third party service providers who may process your information on our behalf to facilitate the provision of our services and the fulfilment of essential service functions, such as web hosting, cloud storage, analytics, payments, plugins, communications, accounting, security and others. all information necessary to enable the relevant service Some activities are necessary for the performance of our contract with you, others are necessary for our legitimate interest in ensuring the proper operation of our services. To monitor our networks, Website, App and systems for suspicious activities, test and audit our systems and deploy appropriate security measures. usage data device & browser data security logs Necessary for our legitimate interest to ensure the security of our organisation, people and services and necessary for compliance with a legal obligation to which we are subject. To monitor operations, user activity and networks for fraud prevention and crime detection purposes, including information from third parties who may help us verify your identity or alert us about suspicious activities. Upon sign up, we may ask for your telephone number to send you a verification code. user details contact details usage data browser & device data interaction data transaction information Necessary for our legitimate interest in detecting and preventing fraud and illegal conduct and necessary for compliance with a legal obligation to which we are subject. To share information with our group companies. any necessary information on a proportionate and lawful basis Necessary for our legitimate interest in using our group’s resources to organise, develop and deliver our services, run our organisation and decide on future strategies. To share data with another organisation in accordance with the law for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation or similar event relating to our business. data necessary in connection with the event Necessary for our legitimate interest in acting in the best interest of our shareholders and investors and complying with our legal obligations. To process information as is required for our compliance with the law or to establish, exercise or defend legal claims. To process and share information with other third parties where required by law, such as regulators, law enforcement agencies or where mandatory under a court order. Any information subject to mandatory processing or disclosure, where this is proportionate and lawful Where processing or sharing your data is necessary for compliance with a legal obligation to which we are subject, to establish, exercise or defend legal claims, to fulfil our duty of care owed to third parties or, where necessary and proportionate, in order to satisfy our legitimate interest in complying with best practice or applicable laws.
5. No processing of payment details We will not receive or store any of your payment details, this is fully handled by the relevant payment service provider. If/when you make any purchases in a Evenet store, we are notified by the payment processor once the transaction takes place and then ensure you receive your purchase. We do not, however, receive any of your actual payment details or personal data related to the payment. We only keep the data concerning transaction dates, currencies, value, the last four digits of your card number and the subject of the transaction.
6. Cookies and similar technologies Please, read our Cookie Notice on how we use cookies and similar technologies.
7. Sharing your information We will generally not share your information except with (i) our third party service providers and advisors who may process personal information on our behalf, (ii) our advertising, marketing and analytics partners, as explained above, (iii) our group companies for the purposes set out above, (iv) persons or authorities where we are compelled by law, (v) to the relevant entity in case of a merger, acquisition or collaboration, and (vi) other third parties where you have provided your consent. Your stories may be shared between Evenet and Instagram if authorised by you. From time to time Evenet may offer the functionality for you to choose to synchronise your Evenet events with third party event platforms and relevant personal information may be shared with such third party event platforms in this case. We share analytical data with Amplitude, Appsflyer, Segment, Firebase.
8. Third parties may process your information Our services may contain links to other websites, third party services, such as Twitter, Instagram, TikTok and plugins. You should check the privacy statements of these third party providers before you use them as we are not responsible for how they may process your personal information.
9. How long is your information kept? We will keep your personal information for as long as is necessary for the purposes listed above or longer if required by law. After the retention period, your personal information will either be securely deleted or anonymised and it may be used for analytical purposes. You must back up your data if you wish to keep it for longer.
10. How do we secure your information? We maintain appropriate organisational and technological safeguards to help protect against unauthorised use, access to or accidental loss, alteration or destruction of the personal information we hold. We also seek to ensure our third-party service providers do the same. We will endeavour to use the least amount of personal information as is required for each purpose. We will employ pseudonymization and atomisation techniques, where appropriate. Our staff will access your personal information on a “need to know” basis.
11. Where is your information processed? We may transfer your personal information to our group companies, suppliers and other third parties in countries different to your country of residence. In addition, data may be transferred to our subsidiaries or processors in third countries or subcontractors of our processors in third countries. Some of our group companies and the third parties described in this Privacy Policy that provide services to us under contract, are based in other countries that may not have privacy and data protection laws equivalent to those of the country in which you reside. If you are using Evenet in the UK or EEA, in the event your personal information is transferred, stored or processed outside of the UK or EEA, we will ensure – if and as required by applicable laws - that any such transfer meets the requirements of the GDPR or UK GDPR (as applicable), or that the transfer is otherwise subject to prescribed safeguards such as approved ‘Standard Contractual Clauses’. We will take all steps reasonably necessary to ensure that your personal information is treated securely and, as applicable, in accordance with this Privacy Policy, GDPR, UK GDPR and Data Protection Act 2018. You can obtain more details of the protection given to your personal data when it is transferred outside the EEA or the UK by contacting us using the details below.
12. Opt-out If you would like us to stop sending you marketing communications and to process your personal information for direct marketing purposes, please let us know using the contact details below. You can request to stop receiving our marketing communications at any time by clicking on the unsubscribe link at the bottom of each marketing message.
13. Contact us Please email us if you have any queries or concerns about how we use your personal information. We will try to resolve your query without undue delay. E-mail: evenetaround@gmail.com
14. Updates If we make any changes to our policy you will be able to see them on this page. You should regularly check for updates, as indicated by the “Last updated” date at the top. If you do not agree with the changes, please do not continue to use our website or services. Of course, if any such changes significantly affect you, we will ask for your prior consent where we are required to do so by law.
15. Your California data privacy rights If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our SERVICE that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer.
16. Your California data privacy rights If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our SERVICE that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer. 16. Your Nevada data privacy rights Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to our Privacy Officer. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
17. Your EEA & UK data privacy rights This section provides further disclosures and describes the rights in relation to your personal data that you may have under The General Data Protection Regulation (“GDPR”) if you are an individual in the EEA or the UK General Data Protection Regulation (“UK GDPR” if you are an individual in the UK. A. Personal data “Personal data” means any information relating to an identified or identifiable natural person; such person is known as a ‘data subject’. In practice, almost all information relating to you will be your personal data. B. How do we process your information and why? We will process your personal data as “controller” for the purposes and on the legal grounds for processing set out above. We will update you about any new purposes of processing of your personal data from time to time, and we will obtain your prior consent for such new purposes where we are required to do so at law. C. Data subject rights Subject to certain exemptions, limitations and appropriate proof of identity, as a data subject, you will generally have numerous rights in relation to your personal data that you may exercise with the controller, including the following: Right to information about matters set out in this policy. You may also contact us for further details about our retention policy and international data transfers. Right to make an access request to receive copies of personal data. Right to rectification of any inaccurate or incomplete personal data. Right to withdraw consent previously provided, without affecting the lawfulness of our processing based on consent before its withdrawal. Right to object to our processing of personal data for direct marketing purposes, or that is based on our legitimate interests, and any automated decision-making and profiling. Right to erasure of personal data, in certain circumstances. Restriction on the processing of personal data in certain circumstances. Right to data portability from one service provider to another, where applicable. Right to lodge a complaint with your country’s supervisory authority, such as the Information Commissioner’s Office in the UK. All requests will be processed in a timely manner, generally within one month. If we cannot process your request within this period we shall explain why and process it as soon as possible thereafter. You can exercise these rights directly with us by submitting a request at evenetaround@gmail.com
Please note that these rights are not absolute and we may be entitled (or required) to refuse requests where exceptions apply. C. Data retention Generally, we will keep your personal information for 6 years from collection but often earlier deletion will be mandated by our retention policy. We delete most of your information after you delete your account, unless we are required to keep it for longer for legal purposes. Your communication history with others (including photographs posted in the chat and comments functions) may be retained but on an anonymous basis if reasonably possible. Some data may be retained in analytics systems for data analytics purposes. Please get in touch for more information. The discovery app of activities and communities full of inspiring, mindful and entrepreneurial people.ign is the art of incorporating the content, style, format, design, and sequence of the various components of a book into a coherent whole. In the words of Jan Tschichold, "methods and rules upon which it is impossible to improve, have been developed over centuries. To produce perfect books, these rules have to be brought back to life and applied."
Front matter, or preliminaries, is the first section of a book and is usually the smallest section in terms of the number of pages. Each page is counted, but no folio or page number is expressed or printed, on either display pages or blank pages.
This privacy policy explains how we “EVENET.App”, “we”, “us”, “our”) process your personal information (“you”, “your”) when you use our website, app or other services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY.
By clicking the button “Continue” in our mobile application EVENET.App (“App”) or by using our Website located at Evenet.App (“Website”), you acknowledge and (if applicable) agree to the information set out in the following Privacy Policy.
Please do not use our services unless you are 18 years old or over.
Please note: Individuals in the European Economic Area (EEA) and the UK should also read our section about “Your EEA & UK Data Privacy Rights”.
Individuals in California should also read our section about “Your California Data Privacy Rights”.
Individuals in Nevada should also read our section about “Your Nevada Data Privacy Rights”.
1. Who does this privacy policy apply to? This policy applies to: our Website and App users; our hosts who post experiences in our service; and persons who interact with us, when you call us, chat with us, or email us. This policy applies to you whether you act in your personal capacity or as an employee or agent of an organization.
2. What types of information do we collect? Generally, “personal information”, “personal data” or similar terms refer to any information that identifies you or relates to you. However, the exact meaning of personal information may be determined by the law of the country of your residence. We will process the following information which may be considered personal information: Your user details when you sign up as a user of our services, such as your name, surname, date of birth, age, gender, your story, your city or place, your occupation, your image, and contact details such as your telephone number and email address. Transaction information such as your donations in our app, including date of donation / purchase, currency, amount, payment type and the last four digits of your card number. When accessing our services, your device and browser will automatically provide unique information such as account ID, mobile device ID, internet protocol (IP) address, cookie ID or online identifiers, operating system, browser type, time zone setting, location and date and time of access. Our systems may record usage data about how you navigate and engage with our services, use our features, download materials, security logs will be kept, online activity data such as clickstream data with URLs visited previously, page interaction information (such as scrolling, clicks, and mouse-overs), your preferences (including country and language), and methods used to browse away from our services. Some of our features rely on real-time information about the location of your device where you enabled the functionality on your device. Information that you provide about your interests and occupation or that we otherwise collect about your preferences and interests known, observed or inferred. Third party data about you such as your interaction with our posts and content and ‘likes’ on social media platforms, such as Twitter and Instagram, TikTok, Facebook, VK profile information, preferences and interests from advertising and analytics partners, information from our suppliers, and information from other users about you. When we send you emails or other communications, we may collect technical interaction information, such as open rates and if you clicked on any content. When you contact or visit us, we may process the details of your request, communications, complaints, or other interaction. Your phone contact list so that you can choose to invite your phone contacts to join the App or see which phone contacts are already on the App. If you are the phone contact of an App user we may use your phone number to invite you to use the App but only if the existing registered App user requests that we do this. Sensitive personal information, if you choose to provide it, for example in your bio. This could be information such as, for example, about your political opinions, religious or philosophical beliefs, health or sexual orientation. If you choose to use our App and to share sensitive personal information on it (e.g., as part of your biography, in a message, or event invite), this will constitute your explicit consent to our processing that information. You will be free to edit or remove such information at any time if you no longer wish to share such information. Our social media community is based on transparency and each user must share some basic information about themselves and their image before joining. We will carry out a basic check of your details before approving your application to join. We will be unable to unlock all features of our app, provide some of our services or respond to your enquiries unless you provide the required personal information.
3. Data accuracy We will rely on the information provided by you as accurate, complete, and up to date.
4. What information do we collect and why? Generally, we will use your personal information to (i) provide our services and enable you to use our service features, (ii) respond to your queries, (iii) develop and promote our organisation and services; (iv) ensure the security and technical availability of our services; and (v) comply with the law. * If you are an individual in the EEA or the UK, we have to inform you about the “legal ground” for us to use your “personal data”. This will typically be the performance of our contract with you (based on our Terms of Use) or our legitimate interest to use your personal data to ensure that our services are provided properly, efficiently and securely, as is further explained in the table below. Where we rely on legitimate interests as the legal basis for processing personal data, we have considered whether or not those interests are overridden by the interests or fundamental rights or freedoms of the individuals whose data are being processed and concluded that the processing is, on balance, fair. Purpose Personal information Legal ground for processing* (for individuals in the EEA and UK only) To assist and contact you in relation to your enquiry or to send you information which you have requested about our services. contact details of your request Necessary for our legitimate interest in responding to queries, maintaining business relationships and administering our business or to take necessary steps at your request prior to entering into a contract with you. To register you as a service user when you sign up for our services and to enable you to use our services and service functionalities. user details contact details device & browser data usage data phone contact list Necessary for the performance of our contract with you and for our legitimate interest in running our social media community. To share information about you with our social media community, such as your username, story, image, bids and other user information which is visible by all members of our social media community. user details transaction information phone contact list Necessary for the performance of our contract with you and for our legitimate interest in running our social media community. To enable you to operate your account as a host and attendee and to provide offers and interact with our social media community. user details contact details device & browser data usage data transaction information Necessary for the performance of our contract with you and for our legitimate interest in providing meaningful features to our hosts. To fulfil your requests and send you service communications and notifications about matters relevant to your use of our services and your engagement with us, such as information about offers you might be interested in, targeted content, confirmations of donations, details of events, surveys, changes in our terms, etc. user details contact details preferences and interests location device & browser data usage data Service communications are necessary for the performance of our contract with you. Other notifications are necessary for our legitimate interest in satisfying your requests, facilitating our services and organising related business activities. Push notifications are generally subject to your consent given on your device. To send you promotional information through various marketing channels including post, email, social media, telephone, SMS, etc. about our services and our organisation, reviewing and optimising campaign performance and profiling information about your interests known, observed or inferred for direct marketing purposes. For example, we use your contact details to display relevant ads through Instagram or other social media platforms. Social media and advertising providers may use their own information about you to help us make our ads most relevant. user details contact details preferences and interests location device & browser data usage data email interaction data third party data Some of our promotions are necessary for the performance of our contract with you. We will also use your information as is necessary for our legitimate interest in understanding your interests for direct marketing purposes from the information available to us, information observed or inferred and third party information, in promoting our business and understanding campaign metrics. We will obtain your consent and provide you with an “opt-out” option where required by law. For example, your consent will be required to place cookies or similar technologies on your device or to read information on your device. To improve and develop our services, including to: obtain feedback; record likes and preferences; conduct statistical analysis use Google Analytics to understand the demographics of our users; make services and features more relevant; improve user experience; and work with third parties and evaluate data to improve and develop our services. usage data device & browser data aggregated data Necessary for our legitimate interest in delivering our services properly, efficiently and understanding our users’ needs. We will use cookies and similar technologies if you provided your consent. To ensure proper administration of our business, including to: keep appropriate records about how our services are used; resolve complaints; conduct troubleshooting; manage our business relationships and identify opportunities; register interactions with our communications, such as emails; enforce our terms; and debt collection. user details contact details usage data details of your requests aggregated data Necessary for our legitimate interest in the proper administration of our business, dispute resolution, ensuring technical operation of our services and debt collection and necessary for compliance with a legal obligation to which we are subject. To engage our third party service providers who may process your information on our behalf to facilitate the provision of our services and the fulfilment of essential service functions, such as web hosting, cloud storage, analytics, payments, plugins, communications, accounting, security and others. all information necessary to enable the relevant service Some activities are necessary for the performance of our contract with you, others are necessary for our legitimate interest in ensuring the proper operation of our services. To monitor our networks, Website, App and systems for suspicious activities, test and audit our systems and deploy appropriate security measures. usage data device & browser data security logs Necessary for our legitimate interest to ensure the security of our organisation, people and services and necessary for compliance with a legal obligation to which we are subject. To monitor operations, user activity and networks for fraud prevention and crime detection purposes, including information from third parties who may help us verify your identity or alert us about suspicious activities. Upon sign up, we may ask for your telephone number to send you a verification code. user details contact details usage data browser & device data interaction data transaction information Necessary for our legitimate interest in detecting and preventing fraud and illegal conduct and necessary for compliance with a legal obligation to which we are subject. To share information with our group companies. any necessary information on a proportionate and lawful basis Necessary for our legitimate interest in using our group’s resources to organise, develop and deliver our services, run our organisation and decide on future strategies. To share data with another organisation in accordance with the law for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation or similar event relating to our business. data necessary in connection with the event Necessary for our legitimate interest in acting in the best interest of our shareholders and investors and complying with our legal obligations. To process information as is required for our compliance with the law or to establish, exercise or defend legal claims. To process and share information with other third parties where required by law, such as regulators, law enforcement agencies or where mandatory under a court order. Any information subject to mandatory processing or disclosure, where this is proportionate and lawful Where processing or sharing your data is necessary for compliance with a legal obligation to which we are subject, to establish, exercise or defend legal claims, to fulfil our duty of care owed to third parties or, where necessary and proportionate, in order to satisfy our legitimate interest in complying with best practice or applicable laws.
5. No processing of payment details We will not receive or store any of your payment details, this is fully handled by the relevant payment service provider. If/when you make any purchases in a Evenet store, we are notified by the payment processor once the transaction takes place and then ensure you receive your purchase. We do not, however, receive any of your actual payment details or personal data related to the payment. We only keep the data concerning transaction dates, currencies, value, the last four digits of your card number and the subject of the transaction.
6. Cookies and similar technologies Please, read our Cookie Notice on how we use cookies and similar technologies.
7. Sharing your information We will generally not share your information except with (i) our third party service providers and advisors who may process personal information on our behalf, (ii) our advertising, marketing and analytics partners, as explained above, (iii) our group companies for the purposes set out above, (iv) persons or authorities where we are compelled by law, (v) to the relevant entity in case of a merger, acquisition or collaboration, and (vi) other third parties where you have provided your consent. Your stories may be shared between Evenet and Instagram if authorised by you. From time to time Evenet may offer the functionality for you to choose to synchronise your Evenet events with third party event platforms and relevant personal information may be shared with such third party event platforms in this case. We share analytical data with Amplitude, Appsflyer, Segment, Firebase.
8. Third parties may process your information Our services may contain links to other websites, third party services, such as Twitter, Instagram, TikTok and plugins. You should check the privacy statements of these third party providers before you use them as we are not responsible for how they may process your personal information.
9. How long is your information kept? We will keep your personal information for as long as is necessary for the purposes listed above or longer if required by law. After the retention period, your personal information will either be securely deleted or anonymised and it may be used for analytical purposes. You must back up your data if you wish to keep it for longer.
10. How do we secure your information? We maintain appropriate organisational and technological safeguards to help protect against unauthorised use, access to or accidental loss, alteration or destruction of the personal information we hold. We also seek to ensure our third-party service providers do the same. We will endeavour to use the least amount of personal information as is required for each purpose. We will employ pseudonymization and atomisation techniques, where appropriate. Our staff will access your personal information on a “need to know” basis.
11. Where is your information processed? We may transfer your personal information to our group companies, suppliers and other third parties in countries different to your country of residence. In addition, data may be transferred to our subsidiaries or processors in third countries or subcontractors of our processors in third countries. Some of our group companies and the third parties described in this Privacy Policy that provide services to us under contract, are based in other countries that may not have privacy and data protection laws equivalent to those of the country in which you reside. If you are using Evenet in the UK or EEA, in the event your personal information is transferred, stored or processed outside of the UK or EEA, we will ensure – if and as required by applicable laws - that any such transfer meets the requirements of the GDPR or UK GDPR (as applicable), or that the transfer is otherwise subject to prescribed safeguards such as approved ‘Standard Contractual Clauses’. We will take all steps reasonably necessary to ensure that your personal information is treated securely and, as applicable, in accordance with this Privacy Policy, GDPR, UK GDPR and Data Protection Act 2018. You can obtain more details of the protection given to your personal data when it is transferred outside the EEA or the UK by contacting us using the details below.
12. Opt-out If you would like us to stop sending you marketing communications and to process your personal information for direct marketing purposes, please let us know using the contact details below. You can request to stop receiving our marketing communications at any time by clicking on the unsubscribe link at the bottom of each marketing message.
13. Contact us Please email us if you have any queries or concerns about how we use your personal information. We will try to resolve your query without undue delay. E-mail: evenetaround@gmail.com
14. Updates If we make any changes to our policy you will be able to see them on this page. You should regularly check for updates, as indicated by the “Last updated” date at the top. If you do not agree with the changes, please do not continue to use our website or services. Of course, if any such changes significantly affect you, we will ask for your prior consent where we are required to do so by law.
15. Your California data privacy rights If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our SERVICE that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer.
16. Your California data privacy rights If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our SERVICE that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer. 16. Your Nevada data privacy rights Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to our Privacy Officer. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
17. Your EEA & UK data privacy rights This section provides further disclosures and describes the rights in relation to your personal data that you may have under The General Data Protection Regulation (“GDPR”) if you are an individual in the EEA or the UK General Data Protection Regulation (“UK GDPR” if you are an individual in the UK. A. Personal data “Personal data” means any information relating to an identified or identifiable natural person; such person is known as a ‘data subject’. In practice, almost all information relating to you will be your personal data. B. How do we process your information and why? We will process your personal data as “controller” for the purposes and on the legal grounds for processing set out above. We will update you about any new purposes of processing of your personal data from time to time, and we will obtain your prior consent for such new purposes where we are required to do so at law. C. Data subject rights Subject to certain exemptions, limitations and appropriate proof of identity, as a data subject, you will generally have numerous rights in relation to your personal data that you may exercise with the controller, including the following: Right to information about matters set out in this policy. You may also contact us for further details about our retention policy and international data transfers. Right to make an access request to receive copies of personal data. Right to rectification of any inaccurate or incomplete personal data. Right to withdraw consent previously provided, without affecting the lawfulness of our processing based on consent before its withdrawal. Right to object to our processing of personal data for direct marketing purposes, or that is based on our legitimate interests, and any automated decision-making and profiling. Right to erasure of personal data, in certain circumstances. Restriction on the processing of personal data in certain circumstances. Right to data portability from one service provider to another, where applicable. Right to lodge a complaint with your country’s supervisory authority, such as the Information Commissioner’s Office in the UK. All requests will be processed in a timely manner, generally within one month. If we cannot process your request within this period we shall explain why and process it as soon as possible thereafter. You can exercise these rights directly with us by submitting a request at evenetaround@gmail.com
Please note that these rights are not absolute and we may be entitled (or required) to refuse requests where exceptions apply. C. Data retention Generally, we will keep your personal information for 6 years from collection but often earlier deletion will be mandated by our retention policy. We delete most of your information after you delete your account, unless we are required to keep it for longer for legal purposes. Your communication history with others (including photographs posted in the chat and comments functions) may be retained but on an anonymous basis if reasonably possible. Some data may be retained in analytics systems for data analytics purposes. Please get in touch for more information. The discovery app of activities and communities full of inspiring, mindful and entrepreneurial people.ign is the art of incorporating the content, style, format, design, and sequence of the various components of a book into a coherent whole. In the words of Jan Tschichold, "methods and rules upon which it is impossible to improve, have been developed over centuries. To produce perfect books, these rules have to be brought back to life and applied."
Front matter, or preliminaries, is the first section of a book and is usually the smallest section in terms of the number of pages. Each page is counted, but no folio or page number is expressed or printed, on either display pages or blank pages.
Evenet App Terms of use:
Effective date: Jan 07, 2022
1. Introduction
1.1. Please read these Terms (as hereinafter defined) carefully. By using Evenet.app mobile application (the “App”) or the website located here (the “Website”) (App and Website individually referred to individually as a “Evenet.app Service” or collectively as the “evenet.app Services”) or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree to the following terms, which will bind you at all times and in whatever manner you use the Evenet Services. If you do not agree, or you do not have the authority to accept these Terms, you must not use the Evenet Services.
1.2. Evenet.app or any of our affiliated entities (referred to here as “Evenet.app”, “we”, “us”, “our”) permit you to use the Evenet Services as described in these Terms.
1.3. The Evenet.app Services offers the ability to connect people who would like to host experiences or events through our Evenet Services (“Activity”, which term includes “Paid Activity” as defined below, as the same may be referred to in the Evenet.app Services as “experiences”, “events” or other similar terms), with those who would like to attend Activities. The Activities are designed for individuals to try new activities and meet new people in their area. In these Terms, anyone who uses the Evenet Services is considered a “User” and may also be referred to as either: (a) a “Creator”, as may be referred to in the Evenet.app Services as “host” or other similar terms, where User creates and hosts an Activity on our Evenet Services; or (b) an “Participant” (as may be referred to in the Evenet.app Services as “attendee”) when User participates in or attends an Activity.
1.4. Please note, although we provide the Evenet Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities themselves, or any consequences of hosting or attending an Activity arranged through the Evenet Service. For more details, please see section 16 (Our liability to you) and 17 (Your liability to us).
1.5. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care.
1.6. You should note the following rules which apply to these terms and conditions:
1.6.1. the headings do not affect the interpretation of any provisions;
1.6.2. where we use the singular of a word, this also includes the plural (or vice versa);
1.6.3. if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e. where we use such words, we are providing examples only and the examples are not exhaustive).
NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE EVENET SERVICES FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. Application of Terms
2.1. These Terms, together with any other documents which we tell you are part of them (collectively these “Terms”), set out the terms on which Evenet Services are provided to Users.
2.2. Our Privacy Policy should also be read alongside these Terms. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data, and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy which you can find here.
2.3. Please, read our Cookie Notice on how we use cookies and similar technologies.
2.4. If you are a Creator and host a Paid Activity, Paid Activity Creator Terms are applicable to you (“Paid Activity Creator Term”).
2.5. In addition to these Terms, you agree to comply with our Community Guides when using Evenet Services, which are part of, incorporated into, these Terms. Our Community Guides can be found here.
2.6. The ways in which you can use our Evenet Services may also be subject to the rules and policies of the App Store or Google Play (“Mobile Platforms”). In the event of any inconsistency or conflict between these Terms and the Mobile Platforms’ terms and conditions, the Mobile Platforms’ terms and conditions will prevail in respect of that inconsistency or conflict.
3. Changes to these Terms
3.1. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the Evenet Services to ensure you understand the terms that apply at that time.
3.2. Provided you have registered an account with us, we will try to notify you of any changes to these Terms by email or a pop-up notice when you next access your account.
3.3. If you do not agree to any changes to these Terms that we may make, do not use the Evenet Services. In addition, you may close your account by contacting us.
3.4. We may update and change our Website and our App from time to time, to reflect changes to needs of our Users and business. We will try to give you notice of any major changes.
4. Creating an Account
4.1. In order to become an User you will need to create an account. You can create an account in the Evenet Services by following the on-screen instructions. As part of this process, you will need to create a Username and screen name and provide certain information about you in order to create your account. Please see our Privacy Policy for how we use this information.
4.2. We reserve the right to deny or remove any Username or screen name selected by you for any reason at any time, including if we suspect any breach of these Terms, in which case you will need to select a new username and/or screen name in order to keep using the Evenet Service.
4.3. All information provided by you when creating an account must be accurate and complete.
4.4. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent.
4.5. You must treat all account information as confidential, and you must not share it with anyone else. Only you can use your account and you are responsible for keeping your password secret. If you know or suspect that anyone other than you knows your password, you must promptly notify us, please email us.
4.6. We have the right to disable any User identification code or password (which includes access to your account), whether chosen by you or allocated by us, at any time, in our sole discretion and with immediate effect, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms. We will notify you in the Evenet Services if this occurs.
4.7. You may register your Account using a valid account on the app store or marketplace from which you downloaded Evenet (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using a Third-Party Account to register your account, you are allowing Evenet to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. 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.
4.8. By creating an account, you also confirm that:
4.8.1. if you are a Creator, you will provide Activities in accordance with all applicable laws and guidelines, including applicable health and safety requirements and equal protection laws;
4.8.2. if you are an Participant at an Activity, you will comply with all applicable laws and guidelines, including applicable health and safety requirements, while attending that Activity;
4.8.3. you are not currently restricted in any way or pursuant to any applicable laws from offering, hosting, or attending an Activity;
4.8.4. you will comply with the Community Guidelines at all times.
4.9. After creation and verification of your account through the Evenet Services, you will be permitted to create an Activity through the Evenet Services and offer your Activity directly to other Users via the Evenet Services. Once you have created an account, you can:
4.9.1. Request to participate in Activities in “limited” events as an Participant (a “Request”);
4.9.2. Offer Activities as a Creator.
5. Accessing the Evenet.app Services
5.1. You are not permitted to access or use the Evenet Services unless you are at least 18 years old. By using our Evenet Service, you confirm that you are at least 18 years old.
5.2. Access to our Evenet Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, restrict availability of all or any part of our Evenet Services for business, security and operational reasons or change all or any part of the Evenet Services without notice. In no event shall Evenet be liable to you due to any unavailability of Evenet Services for any reason.
5.3. You are responsible for making all arrangements necessary for you to have access to the Evenet Services.
5.4. You are also responsible for ensuring that all persons who access the Evenet Services through your internet connection and/or devices are aware of these Terms, and that they comply with them.
6. Participation in Activity
6.1. Request. When User have made a Request, Creator will review all Requests for the applicable Activity and will select which of Users who have made a Request will be entitled to participate in the Activity (“Participant”). The Creator shall have full discretion over the selection of Participants including the overall number of accepted Participants. We do not guarantee that you will be selected for any given Activity.
6.2. Verifications. We, or Creator, may require additional verifications or other information from the User prior to selecting the User to participate in the Activity.
6.3. When hosting or attending an Activity, the Creator and/or Participant must act with respect towards other Users. In particular, the Creator and/or Participant must not:
6.3.1. do anything that is not permitted under applicable local, national, or international law or regulation;
6.3.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
6.3.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or 6.3.4. bully, insult, intimidate or humiliate any User or other person.
6.4. We reserve the right to limit, change or cancel any Activity where we have a reason for doing so, at our sole and absolute discretion, even after the User has submitted a Request or been accepted by the Creator to participate in an Activity. If this happens, we will do our best to notify User in advance via the Evenet Services if it is possible for us to do so. If we cannot notify the User in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.
7. Activities
7.1. Free Activity. Each Activity that Creator hosts for free without monetizing by selling a registration to Activity through Evenet Services is referred to herein as a “Free Activity”. Creator may create a Free Activity, in this case User is not required to make any purchase, payment, donation, or other financial contribution to be able to submit a Request or join the Activity. No payment of any kind shall be taken as part of making a Request. Any Donation payments are voluntary. Creator is also not permitted to request any incentive of any kind in return for providing an Activity. In the case of Free Activity a Creator may, in its discretion, request that Participants contribute the cost of their own participation in the Activity (e.g., ticket price, food and drink) if applicable, but any such contribution must be arranged between the Creator and Participants. We do not and cannot facilitate any payment between Users in respect of Free Activities. We expressly disclaim any responsibility or liability for payments and fees exchanged between Creators and Users in respect of Free Activities. Users should use common sense in deciding whether to make a payment to any Creator in respect of Free Activities and assume all risk in exchanging money or making payments to a Creator.
7.2. Paid Activity Service. If the Creator is eligible to do so, the Creator may create, promote and host an Activity and monetize sales from registrations to that Activity (“Paid Activity Service''). Each Activity that the Creator chooses to monetize by selling a registration through the additional services is referred to as a “Paid Activity”. Payment terms and provisions applicable to Paid Activities are set forth in the Paid Activity Payments section below.
7.2.1. Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.
7.2.2. Creator agrees to notify Participants of Paid Activity cancellation as soon as reasonably possible and prior to the Paid Activity start time.
7.2.3. Creator will be the main contact for Participants with Paid Activity requests and complaints, including refund requests (“Claims”), and Creator will instruct the Participants not to contact Evenet with Claims. 8. Creator's Additional Responsibility
8 Creator responsibility
8.1. The Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials ("Equipment") necessary to host an Activity. The Creator is solely responsible for ensuring that the Equipment used in an Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Creator assumes all risk of damage or loss to Equipment. Evenet expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at an Activity, and the Creator agrees to hold Evenet harmless from the same.
8.2. When creating an Activity, the Creator must, where applicable, fully educate and inform Participant about:
8.2.1. any risks inherent or incidental to the Activity;
8.2.2. any requirements for participation, such as the minimum age, related skills, or level of fitness;
8.2.3. anything else they may need to know to safely participate in the Activity (including dress codes, equipment, special certifications, or licenses, etc.).
8.3. The Creator is responsible for:
8.3.1. understanding and complying with all laws, rules and regulations that may apply to the Activities;
8.3.2. obtaining any required licenses, permits, or registrations prior to providing the Activity;
8.3.3. ensuring that creating and/or hosting of an Activity will not breach any agreement the Creator may have with any third party.
8.4. To the extent required by law, or when required by us directly, the Creator must obtain insurance in amounts sufficient to cover the Activity. Evenet reserves the right to require proof of insurance for any Activity, and the Creator agrees to cooperate with Evenet to verify such insurance coverage. We may refuse to allow the Creator to create or publish an Activity within the Evenet.app Services in the absence of such insurance. All insurance shall cover the Creator, the members of his team or organization.
9. Paid Activity Payments
9.1. Participants in a Paid Activity will make a one-time direct payment to the Creator to participate in the Paid Activity (“Direct Payment”), via a third-party payment processor (“Payment Processor”). The Creator will collect all Direct Payments through the applicable Payment Processor. Evenet.app may receive as fee a portion of Participant`s payment for Paid Activity (“Evenet.app Fee”). Payment processors may charge a fee for facilitating the transaction, which may be deducted from your payment (“Payment Processor Fee”). Evenet.app Fee and Payment Processor Fee are final and not refundable.
9.2. Creation of Paid Activities by Creator is regulated by Paid Activity Creator Terms.
9.3. Direct payments are selectively available and may not be available to all Creators. Only Creators duly registered and authorised by Evenet.app and the Payment Processor may collect Direct Payments.
9.4. Participant payments will be held by the Payment Processor until such time as the Participant has been accepted into the Paid Activity. Once selected to participate in the Paid Activity, Participant will have the opportunity to approve or cancel the payment. If the Participant approves, the money will be released to the Creator. If Participant is not selected for the Paid Activity or Participant declines the payment once selected, the money will be returned directly to Participant by the Payment Processor.
9.5. Evenet accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or non-performance of such Payment Processor. To the fullest extent permitted by law, Evenet assumes no liability for Paid Activities or Direct Payments and Creator shall indemnify, defend, and hold Evenet harmless from the same. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
9.6. All Direct Payments are final and non-refundable, unless required by law. Participants should contact the Creator directly in respect of any request for chargebacks or refunds.
9.7. Creator will remain fully responsible for chargeback costs and refunds. Creator will bear sole responsibility for meeting its refund obligations under this Terms and the Creator’s refund policy.
9.8. Evenet does not directly process payments and does not access or store Participant`s credit card information in any form. When making a payment, the Participant will enter credit card details into a form supplied directly by the Payment Processor that will be processing the payment. Evenet shall not be responsible for or liable for the collection, handling or processing of any payment(s), including for any delays which may occur or any failure of reception. You are advised to read and be familiar with the data handling policies of the Payment Processor for terms and provisions that apply to their collection, storage, handling and processing of your personal data. Your decision to provide payment information to a Payment Processor is done so at your sole and absolute risk.
9.9. You are responsible for all applicable fees and charges incurred, including applicable taxes.
10. Donation Terms
10.1. You do not have to make any donation or other financial contribution to use the Evenet Services
10.2. You may choose to provide a voluntary monetary donation to support one or more of the causes Evenet
10.1. Except as otherwise indicated, Evenet uses, a 501(c)(3) Donor Advised Fund (DAF) for payment processing Donation's terms of use, available at: https://makemydonation.org/terms-and-conditions/.
11. Using and uploading the Content
11.1. The following are types of content you will encounter through your use of the Evenet.app Service:
11.1.1. “Evenet Content” means any content published or made available by us through the Evenet Services (as well as any emails and our notifications);
11.1.2. “User Content” means content provided by other Users of the Evenet.app Service, including details of Activities and feedback or comments provided by Participants through the Evenet Service. Additional terms concerning User Content are addressed in the section below (User Content Standards).
11.2. Evenet.app Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Evenet.app Services in accordance with these Terms.
11.3. Evenet.app is the owner and/or legal licensee of all intellectual property rights in the Evenet Content and the Evenet Services. You have no intellectual property rights in, or to, the Evenet.app Content and the Evenet.app Services other than the right to use them in accordance with these Terms. We may update our Evenet.app Services and the Evenet.app Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Evenet.app Services.
11.4. All User Content on the Evenet.app Services is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.
11.5 Evenet.app, the Evenet logo and all other Evenet.app product or service marks are trademarks of Evenet.app and considered Evenet.app Content. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on the Evenet Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Evenet Services is strictly prohibited. Evenet will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. User Content
12.1. You (or your licensor if applicable) own any User Content that you upload to the Evenet Services.
12.2. When you upload any User Content, you must ensure that you have all necessary rights to post the User Content, and that you own, or have all necessary permissions from the owner of, the User Content. By uploading such User Content, you affirm that you have such rights.
12.3. You acknowledge and agree that User Content may be published and viewed by other Users, and we do not guarantee any confidentiality with respect to any User Content you upload. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
12.4. When posting any User Content, you must comply with the content standards set out in the section below (Content Standards).
12.5. You must act in good faith when uploading any User Content and we rely on you complying with the Content Standards in their spirit as well as to the letter. Content Standards apply to each part of any User Content as well as to its whole.
12.6. By submitting User Content to the Evenet Services, you grant us a licence to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, create derivative works of, publicly display, publicly perform, advertise and otherwise exploit the User Content in connection with the Evenet Services and our business, including without limitation for providing, promoting and redistributing part or all of the Evenet Services (and derivative works thereof) in any and all media formats and through any and all media channels. This licence gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-licence this licence to others.
12.7. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your name, nickname, Username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality to identify you as the source of any of your User Content.
12.8. We welcome any feedback from you about the Content, the Evenet Services or otherwise, including how they can be improved. All feedback you provide is considered to be User Content and as such, you agree to grant us a licence to use your feedback as set out above. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Evenet user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
12.9. We do not actively monitor User Content or User Content; however, we reserve the right to remove any material we deem to be in violation of these Terms or the Content Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any User Content you upload has breached these Terms, including the Content Standards.
12.10. You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorised to act on your behalf.
12.11. When you upload any User Content, you must ensure that (i) you have all necessary rights to upload, edit, store and share User Content, and that you own, or have all necessary permissions from the owner of, the User Content (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Evenet and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Evenet; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. By uploading such User Content, you affirm that you have such rights.
12.12. By posting User Content publicly including, but not limited, to tagging Evenet on social media (through direct mentioning or via a hashtag), you grant to Evenet a worldwide, non-exclusive, royalty-free, sublicensable, revocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising Evenet.app and the Company’s services (“marketing license”). You may revoke this marketing license anytime by contacting us.
12.13. The user hereby acknowledges the right of Evenet to publish any photos or video footage taken at Activities on Evenet Services and on Evenet official social media accounts. If you wish to refuse above, you must clearly express this wish to the photographer or cameraman at Activity. You may request to remove photos or videos already published on Evenet Services or on Evenet official social media accounts by contacting us.
13. Content Standards
13.1. User Content must: be accurate (where it states facts) or genuinely held (where it states opinions), and be kept up to date at all times; not be defamatory, offensive, bullying, hateful, deceptive, threatening, abusive or in contempt of court; not promote sexually explicit material, violence, discrimination or any illegal activity; not infringe any intellectual property rights (including copyright, database rights or trademarks) of any other person; not breach any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality; not contain any advertising or promote any services or web links to other sites; and comply with all applicable law.
13.2. You must not modify any copy of any of the Content or any other information or materials taken from the Evenet Services that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.3. You must not use any of the Content for commercial purposes, unless you tell us first that you want to do this and we (or in the case of User Content, the applicable User) agree to give you a separate licence to do so to cover this use.
13.4. If you print off, copy, or download any part of the Evenet Services or the Content other than as permitted under these Terms, your right to use the Evenet Services and/or any of the Content (or any account you have with us) will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made.
13.5. Except as set out in these Terms, nothing on the Evenet Services should be taken as us granting (whether implied or otherwise) any licence or right in or to our intellectual property rights without our express written permission.
14. Use of the Evenet Services
14.1. In return for your agreeing to comply with these Terms, we grant you a licence to retrieve and display content from the Evenet Services on a device and store the Evenet Services in electronic form incidentally in the normal course of use on your browser or mobile device. This licence is not exclusive to you (we have the right to grant a licence to others too) and we have the right to remove the licence at any time. The licence is personal to you, and you cannot transfer it to someone else. You may only use the Evenet Services on a device which is owned by you, or if the device is owned by someone else, where you have their permission to use the Evenet Services.
14.2. You may use the Evenet Services only for lawful purposes. You may not use the Evenet Services: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm any adult, child or animal in any way; to bully, insult, intimidate or humiliate any person; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; to attempt to gain unauthorised access to any part of the Evenet Services, the server on which our Evenet Services is stored, or any device, server, computer, or database connected to the Evenet Services; to attack our Evenet Services via a denial-of-service attack or a distributed denial-of-service attack.
14.3. Any failure to comply with the provisions of this section, could be considered a criminal offense under applicable law. Evenet reserves the right to report any and all such breaches to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them.
14.4. You also agree that you will not: make the Evenet Services or any Evenet Content available in any form, in whole or in part, to any other person without prior written consent from us; make commercial use of the Evenet Services or any Evenet Content; remove, hide, or change any copyright, patent, trademark or other proprietary rights notices affixed to the Evenet Services or any Evenet Content; copy the Evenet Services or any Evenet Content, except as part of the normal use of the Evenet Services or where it is necessary (and permitted by law) for the purpose of back-up or operational security; translate, merge, adapt, vary, alter, or modify, the whole or any part of the Evenet Service, nor permit the Evenet Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Evenet Services as permitted in these Terms; or disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Evenet Services nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the Evenet Service, or integrate the Evenet Services with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.
14.5. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Evenet Services that you use.
15. Right to terminate
15.1. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Evenet Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Evenet Services at contacting us.
15.2. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
15.3. You may stop using the Evenet Services at any time.
15.4. You may close your account and terminate the use of Evenet Services at any time by following the on-screen instructions or by contacting us.
15.5. Our Evenet Services are made available free of charge. We may stop providing the Evenet Services (or parts of it) to you or add or create new limits to our Evenet Services (or parts of it) at any time.
15.6. If we suspend or terminate your rights to use the Evenet Services:
15.6.1. you must stop all activities authorised by these Terms, including your use of the Evenet Services (and any Content);
15.6.2. you must delete or remove the Evenet Services from all mobile devices in your possession and immediately destroy all copies of the Evenet Services which you have and confirm to us that you have done this; and
15.6.3. we shall be entitled to remotely remove access to the Evenet Services from your devices and cease providing you with access to the Evenet Services.
16. Our Liability to You
16.1. Evenet assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Activities (including the cancellation of an Activity), Content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Evenet Services.
16.2. Although we use our reasonable efforts to update the Evenet Content and the Evenet Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Evenet Services are accurate, complete, and up-to-date, or to the suitability of the Evenet Services or the Content for you.
16.3. Please note, although we provide the Evenet Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities themselves, or any consequences of hosting or attending an Activity arranged through the Evenet Service.
16.4. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Evenet Service. We also do not assume any liability arising from the cancellation of an Activity.
16.5. We do not guarantee that our Evenet Service, or any content on it, will always be available or be uninterrupted.
16.6. To the fullest extent permitted by law we make no warranties as to our Evenet Services or content. You agree that our Evenet Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Evenet Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Evenet Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Evenet Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise
16.7. You are responsible for the information you share with other Users when you disclose information on the Evenet Service. We are not responsible for the conduct of any User of the Evenet Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the Evenet Services or participate in an activity as a Participant.
16.8. Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users (in each case including Creators or Participants). You are solely responsible for all of your communications and interactions with other Users, and you should ensure you take appropriate precautions when communicating with other Users or attending or hosting activities. We make no commitments, and assume no liability, in connection with the conduct of the Users, on or off the Evenet Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through Evenet Service.
16.9. To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Creators or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Evenet Services or the Content, or in any way or in any location. Evenet assumes no liability whatsoever on any theory of recovery related to Activities.
16.10. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.
16.11. We are also not responsible to you if our provision of the Evenet Services is delayed by an event or cause outside our control.
16.12. To the extent you are aware of suspicious, fraudulent, or behaviour, please immediately report it to us. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behaviour, and (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.
16.13. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Evenet Services or its content, or in any way or in any location in connection with any Activity, the Evenet Services and/or the Content.
16.14. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).
16.15. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE EVENET SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES.
16.16. Ambassadors or Creators are in no way legally connected to Evenet, and, in particular, not employees of Evenet.
16.17. As soon as agreed by the parties, Evenet may provide for Activity, hosted by Ambassador, access to Evenet Services, promotional materials, sponsorship and consulting support for promotional purposes only. These Activities are organised by the Ambassadors on a voluntary basis, in any way, the Ambassador will not represent Evenet as its employee or agent at such Activities.
16.18. Ambassadors and/or Creators are fully responsible for their own Activities. Therefore, under no circumstance shall Evenet assume legal responsibility for damages related to such Activities or to other interaction between its Users. Nor is Evenet legally responsible for the behaviour or actions of Users, Ambassadors, Creators or any other type of attendees during any Activities held on the platform.
17. Your Liability to Us
17.1. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
17.2. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Evenet, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Evenet Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defence or settlement of any such matters.
17.3. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
17.4. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Evenet Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
17.5. If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
17.6. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defence or settlement of any such matters.
18. Viruses, hacking and other offences
18.1. We do not guarantee that the Evenet Services or the Content will be secure or free from bugs or viruses.
18.2. You are responsible for configuring your information devices, technology, computer programs and platform in order to access the Evenet Services and the Content. You should use your own virus protection software to protect these.
18.3. You must not misuse the Evenet Services by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Evenet Service, the server on which our Evenet Services is stored, or any device, server, computer, or database connected to the Service. You must not attack our Evenet Services via a denial-of-service attack or a distributed denial-of-service attack. 18.4. Any failure to comply with this provision, could cause you to commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Evenet Services (and the Content) will cease immediately.
19. Operating System / Mobile Device Requirements
19.1. The App requires a mobile device with a minimum of 200MB of memory and the iOS operating system version 12.0 or later. You must use a commercially released mobile device that has not been modified and is compatible with the App that you install.
19.2. You are solely responsible for any fees or charges, including internet access and data charges, incurred by you in connection with your use of the Evenet Service. We are not responsible for the suitability, functionality, and performance of either your mobile device or your internet or cellular connectivity. You agree you are solely responsible for the maintenance and security of your mobile device, its passwords and any usage or activities that occur in connection with the Evenet Service, your account, and your mobile device.
19.3. We recommend that you back up any content and data (including Uploaded Content) used in connection with the Evenet Service, to protect yourself in case of problems with the Evenet Service.
20. Third Party Links
20.1. Where the Evenet Service contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
20.2. The Evenet Services may include information and materials uploaded by other Users, including information about Activities provided by Creators. This information and these materials have not been verified or approved by us. The views expressed by other Users (including Creators) on the Evenet Services do not represent our views or values.
21. Copyright Notice COPYRIGHT NOTICE If you are a User based in the United Kingdom/the EU: If you have any concern or objection (“Objection”) to any Content please notify us immediately upon becoming aware of the Objection at evenet.net@gmail.com and we shall endeavour to review the Content and may take such action as we deem appropriate (including removal of the Content, or rejection of your Objection). Unless otherwise specified in the Objection, you acknowledge that we have the right to disclose your identity and contact details to the person responsible for any particular item of Content. We reserve the right to refuse to disclose, unless compelled to do so by law, the identity or contact details of any person who is responsible for Content. If you are User based in the United States of America: Evenet respects the intellectual property rights of others and requests that users of the Services do the same. If you believe that your work is being used in connection with the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Evenet to locate the material (for example, by providing a URL to the material); (d) your name, 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our designated agent to receive notification of claimed infringement can be reached at: Copyright Agent c/o Evenet.org, Inc. 8 The Green Suite #10745 Dover, DE 19901 Email address: evenet.net@gmail.com In appropriate circumstances, we will terminate the accounts of Users who are repeat copyright infringers.
22. Statute of Limitations (APPLICABLE TO U.S. USERS ONLY) To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Evenet Services, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Binding arbitration agreement and class waiver disclosure (applicable to U.S. Users only)
23.1. Agreement to Arbitration; Class Waiver: If you are U.S. User you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to , the Evenet Service, and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This arbitration provision shall survive termination of these Terms.
23.2. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written by emailing help@evenet.app. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
23.3. Additional Arbitration Provisions:
23.3.1. Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
23.3.2. Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. 23.3.3. Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
23.3.4. Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforce ability of this Arbitration Agreement.
23.3.5. Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
23.3.6. Class Waiver:
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
23.3.7. Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
23.3.8. Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
23.3.9. Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE EVENET SERVICES BY WRITING TO HTTPS://EVENET.ORG/CONTACT-US OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
23.3.10. YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE EVENET SERVICE.
24. Miscellaneous
24.1. Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
24.2. Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
24.3. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.4. International Use. You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other governmental entity of your jurisdiction imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
24.5. Applicable Law and Jurisdiction. For members residing in the United Kingdom (UK), European Union (EU) or European Economic Area (EEA) or elsewhere where our arbitration agreement is prohibited by law, the laws of England, excluding conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Evenet Services. For the avoidance of doubt, the choice of English governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. Except for members residing in the UK, EU or EEA who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Evenet Services, or to your relationship with Evenet that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of England. If you are U.S. User, this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract and shall survive termination of this Agreement. If you are a U.S. User, further, except as provided in the paragraph below, you and the Company agree to the jurisdiction of Delaware to resolve any Claims that relate to or arise in connection with the Agreement and that are not subject to mandatory arbitration under Section
24. No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25. Contact us If you have any questions or concerns regarding these Terms, you may contact us by email evenet.net@gmail.com
1. Introduction
1.1. Please read these Terms (as hereinafter defined) carefully. By using Evenet.app mobile application (the “App”) or the website located here (the “Website”) (App and Website individually referred to individually as a “Evenet.app Service” or collectively as the “evenet.app Services”) or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree to the following terms, which will bind you at all times and in whatever manner you use the Evenet Services. If you do not agree, or you do not have the authority to accept these Terms, you must not use the Evenet Services.
1.2. Evenet.app or any of our affiliated entities (referred to here as “Evenet.app”, “we”, “us”, “our”) permit you to use the Evenet Services as described in these Terms.
1.3. The Evenet.app Services offers the ability to connect people who would like to host experiences or events through our Evenet Services (“Activity”, which term includes “Paid Activity” as defined below, as the same may be referred to in the Evenet.app Services as “experiences”, “events” or other similar terms), with those who would like to attend Activities. The Activities are designed for individuals to try new activities and meet new people in their area. In these Terms, anyone who uses the Evenet Services is considered a “User” and may also be referred to as either: (a) a “Creator”, as may be referred to in the Evenet.app Services as “host” or other similar terms, where User creates and hosts an Activity on our Evenet Services; or (b) an “Participant” (as may be referred to in the Evenet.app Services as “attendee”) when User participates in or attends an Activity.
1.4. Please note, although we provide the Evenet Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities themselves, or any consequences of hosting or attending an Activity arranged through the Evenet Service. For more details, please see section 16 (Our liability to you) and 17 (Your liability to us).
1.5. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care.
1.6. You should note the following rules which apply to these terms and conditions:
1.6.1. the headings do not affect the interpretation of any provisions;
1.6.2. where we use the singular of a word, this also includes the plural (or vice versa);
1.6.3. if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e. where we use such words, we are providing examples only and the examples are not exhaustive).
NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE EVENET SERVICES FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. Application of Terms
2.1. These Terms, together with any other documents which we tell you are part of them (collectively these “Terms”), set out the terms on which Evenet Services are provided to Users.
2.2. Our Privacy Policy should also be read alongside these Terms. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data, and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy which you can find here.
2.3. Please, read our Cookie Notice on how we use cookies and similar technologies.
2.4. If you are a Creator and host a Paid Activity, Paid Activity Creator Terms are applicable to you (“Paid Activity Creator Term”).
2.5. In addition to these Terms, you agree to comply with our Community Guides when using Evenet Services, which are part of, incorporated into, these Terms. Our Community Guides can be found here.
2.6. The ways in which you can use our Evenet Services may also be subject to the rules and policies of the App Store or Google Play (“Mobile Platforms”). In the event of any inconsistency or conflict between these Terms and the Mobile Platforms’ terms and conditions, the Mobile Platforms’ terms and conditions will prevail in respect of that inconsistency or conflict.
3. Changes to these Terms
3.1. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the Evenet Services to ensure you understand the terms that apply at that time.
3.2. Provided you have registered an account with us, we will try to notify you of any changes to these Terms by email or a pop-up notice when you next access your account.
3.3. If you do not agree to any changes to these Terms that we may make, do not use the Evenet Services. In addition, you may close your account by contacting us.
3.4. We may update and change our Website and our App from time to time, to reflect changes to needs of our Users and business. We will try to give you notice of any major changes.
4. Creating an Account
4.1. In order to become an User you will need to create an account. You can create an account in the Evenet Services by following the on-screen instructions. As part of this process, you will need to create a Username and screen name and provide certain information about you in order to create your account. Please see our Privacy Policy for how we use this information.
4.2. We reserve the right to deny or remove any Username or screen name selected by you for any reason at any time, including if we suspect any breach of these Terms, in which case you will need to select a new username and/or screen name in order to keep using the Evenet Service.
4.3. All information provided by you when creating an account must be accurate and complete.
4.4. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent.
4.5. You must treat all account information as confidential, and you must not share it with anyone else. Only you can use your account and you are responsible for keeping your password secret. If you know or suspect that anyone other than you knows your password, you must promptly notify us, please email us.
4.6. We have the right to disable any User identification code or password (which includes access to your account), whether chosen by you or allocated by us, at any time, in our sole discretion and with immediate effect, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms. We will notify you in the Evenet Services if this occurs.
4.7. You may register your Account using a valid account on the app store or marketplace from which you downloaded Evenet (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using a Third-Party Account to register your account, you are allowing Evenet to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. 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.
4.8. By creating an account, you also confirm that:
4.8.1. if you are a Creator, you will provide Activities in accordance with all applicable laws and guidelines, including applicable health and safety requirements and equal protection laws;
4.8.2. if you are an Participant at an Activity, you will comply with all applicable laws and guidelines, including applicable health and safety requirements, while attending that Activity;
4.8.3. you are not currently restricted in any way or pursuant to any applicable laws from offering, hosting, or attending an Activity;
4.8.4. you will comply with the Community Guidelines at all times.
4.9. After creation and verification of your account through the Evenet Services, you will be permitted to create an Activity through the Evenet Services and offer your Activity directly to other Users via the Evenet Services. Once you have created an account, you can:
4.9.1. Request to participate in Activities in “limited” events as an Participant (a “Request”);
4.9.2. Offer Activities as a Creator.
5. Accessing the Evenet.app Services
5.1. You are not permitted to access or use the Evenet Services unless you are at least 18 years old. By using our Evenet Service, you confirm that you are at least 18 years old.
5.2. Access to our Evenet Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, restrict availability of all or any part of our Evenet Services for business, security and operational reasons or change all or any part of the Evenet Services without notice. In no event shall Evenet be liable to you due to any unavailability of Evenet Services for any reason.
5.3. You are responsible for making all arrangements necessary for you to have access to the Evenet Services.
5.4. You are also responsible for ensuring that all persons who access the Evenet Services through your internet connection and/or devices are aware of these Terms, and that they comply with them.
6. Participation in Activity
6.1. Request. When User have made a Request, Creator will review all Requests for the applicable Activity and will select which of Users who have made a Request will be entitled to participate in the Activity (“Participant”). The Creator shall have full discretion over the selection of Participants including the overall number of accepted Participants. We do not guarantee that you will be selected for any given Activity.
6.2. Verifications. We, or Creator, may require additional verifications or other information from the User prior to selecting the User to participate in the Activity.
6.3. When hosting or attending an Activity, the Creator and/or Participant must act with respect towards other Users. In particular, the Creator and/or Participant must not:
6.3.1. do anything that is not permitted under applicable local, national, or international law or regulation;
6.3.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
6.3.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or 6.3.4. bully, insult, intimidate or humiliate any User or other person.
6.4. We reserve the right to limit, change or cancel any Activity where we have a reason for doing so, at our sole and absolute discretion, even after the User has submitted a Request or been accepted by the Creator to participate in an Activity. If this happens, we will do our best to notify User in advance via the Evenet Services if it is possible for us to do so. If we cannot notify the User in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.
7. Activities
7.1. Free Activity. Each Activity that Creator hosts for free without monetizing by selling a registration to Activity through Evenet Services is referred to herein as a “Free Activity”. Creator may create a Free Activity, in this case User is not required to make any purchase, payment, donation, or other financial contribution to be able to submit a Request or join the Activity. No payment of any kind shall be taken as part of making a Request. Any Donation payments are voluntary. Creator is also not permitted to request any incentive of any kind in return for providing an Activity. In the case of Free Activity a Creator may, in its discretion, request that Participants contribute the cost of their own participation in the Activity (e.g., ticket price, food and drink) if applicable, but any such contribution must be arranged between the Creator and Participants. We do not and cannot facilitate any payment between Users in respect of Free Activities. We expressly disclaim any responsibility or liability for payments and fees exchanged between Creators and Users in respect of Free Activities. Users should use common sense in deciding whether to make a payment to any Creator in respect of Free Activities and assume all risk in exchanging money or making payments to a Creator.
7.2. Paid Activity Service. If the Creator is eligible to do so, the Creator may create, promote and host an Activity and monetize sales from registrations to that Activity (“Paid Activity Service''). Each Activity that the Creator chooses to monetize by selling a registration through the additional services is referred to as a “Paid Activity”. Payment terms and provisions applicable to Paid Activities are set forth in the Paid Activity Payments section below.
7.2.1. Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.
7.2.2. Creator agrees to notify Participants of Paid Activity cancellation as soon as reasonably possible and prior to the Paid Activity start time.
7.2.3. Creator will be the main contact for Participants with Paid Activity requests and complaints, including refund requests (“Claims”), and Creator will instruct the Participants not to contact Evenet with Claims. 8. Creator's Additional Responsibility
8 Creator responsibility
8.1. The Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials ("Equipment") necessary to host an Activity. The Creator is solely responsible for ensuring that the Equipment used in an Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Creator assumes all risk of damage or loss to Equipment. Evenet expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at an Activity, and the Creator agrees to hold Evenet harmless from the same.
8.2. When creating an Activity, the Creator must, where applicable, fully educate and inform Participant about:
8.2.1. any risks inherent or incidental to the Activity;
8.2.2. any requirements for participation, such as the minimum age, related skills, or level of fitness;
8.2.3. anything else they may need to know to safely participate in the Activity (including dress codes, equipment, special certifications, or licenses, etc.).
8.3. The Creator is responsible for:
8.3.1. understanding and complying with all laws, rules and regulations that may apply to the Activities;
8.3.2. obtaining any required licenses, permits, or registrations prior to providing the Activity;
8.3.3. ensuring that creating and/or hosting of an Activity will not breach any agreement the Creator may have with any third party.
8.4. To the extent required by law, or when required by us directly, the Creator must obtain insurance in amounts sufficient to cover the Activity. Evenet reserves the right to require proof of insurance for any Activity, and the Creator agrees to cooperate with Evenet to verify such insurance coverage. We may refuse to allow the Creator to create or publish an Activity within the Evenet.app Services in the absence of such insurance. All insurance shall cover the Creator, the members of his team or organization.
9. Paid Activity Payments
9.1. Participants in a Paid Activity will make a one-time direct payment to the Creator to participate in the Paid Activity (“Direct Payment”), via a third-party payment processor (“Payment Processor”). The Creator will collect all Direct Payments through the applicable Payment Processor. Evenet.app may receive as fee a portion of Participant`s payment for Paid Activity (“Evenet.app Fee”). Payment processors may charge a fee for facilitating the transaction, which may be deducted from your payment (“Payment Processor Fee”). Evenet.app Fee and Payment Processor Fee are final and not refundable.
9.2. Creation of Paid Activities by Creator is regulated by Paid Activity Creator Terms.
9.3. Direct payments are selectively available and may not be available to all Creators. Only Creators duly registered and authorised by Evenet.app and the Payment Processor may collect Direct Payments.
9.4. Participant payments will be held by the Payment Processor until such time as the Participant has been accepted into the Paid Activity. Once selected to participate in the Paid Activity, Participant will have the opportunity to approve or cancel the payment. If the Participant approves, the money will be released to the Creator. If Participant is not selected for the Paid Activity or Participant declines the payment once selected, the money will be returned directly to Participant by the Payment Processor.
9.5. Evenet accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or non-performance of such Payment Processor. To the fullest extent permitted by law, Evenet assumes no liability for Paid Activities or Direct Payments and Creator shall indemnify, defend, and hold Evenet harmless from the same. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
9.6. All Direct Payments are final and non-refundable, unless required by law. Participants should contact the Creator directly in respect of any request for chargebacks or refunds.
9.7. Creator will remain fully responsible for chargeback costs and refunds. Creator will bear sole responsibility for meeting its refund obligations under this Terms and the Creator’s refund policy.
9.8. Evenet does not directly process payments and does not access or store Participant`s credit card information in any form. When making a payment, the Participant will enter credit card details into a form supplied directly by the Payment Processor that will be processing the payment. Evenet shall not be responsible for or liable for the collection, handling or processing of any payment(s), including for any delays which may occur or any failure of reception. You are advised to read and be familiar with the data handling policies of the Payment Processor for terms and provisions that apply to their collection, storage, handling and processing of your personal data. Your decision to provide payment information to a Payment Processor is done so at your sole and absolute risk.
9.9. You are responsible for all applicable fees and charges incurred, including applicable taxes.
10. Donation Terms
10.1. You do not have to make any donation or other financial contribution to use the Evenet Services
10.2. You may choose to provide a voluntary monetary donation to support one or more of the causes Evenet
10.1. Except as otherwise indicated, Evenet uses, a 501(c)(3) Donor Advised Fund (DAF) for payment processing Donation's terms of use, available at: https://makemydonation.org/terms-and-conditions/.
11. Using and uploading the Content
11.1. The following are types of content you will encounter through your use of the Evenet.app Service:
11.1.1. “Evenet Content” means any content published or made available by us through the Evenet Services (as well as any emails and our notifications);
11.1.2. “User Content” means content provided by other Users of the Evenet.app Service, including details of Activities and feedback or comments provided by Participants through the Evenet Service. Additional terms concerning User Content are addressed in the section below (User Content Standards).
11.2. Evenet.app Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Evenet.app Services in accordance with these Terms.
11.3. Evenet.app is the owner and/or legal licensee of all intellectual property rights in the Evenet Content and the Evenet Services. You have no intellectual property rights in, or to, the Evenet.app Content and the Evenet.app Services other than the right to use them in accordance with these Terms. We may update our Evenet.app Services and the Evenet.app Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Evenet.app Services.
11.4. All User Content on the Evenet.app Services is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.
11.5 Evenet.app, the Evenet logo and all other Evenet.app product or service marks are trademarks of Evenet.app and considered Evenet.app Content. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on the Evenet Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Evenet Services is strictly prohibited. Evenet will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. User Content
12.1. You (or your licensor if applicable) own any User Content that you upload to the Evenet Services.
12.2. When you upload any User Content, you must ensure that you have all necessary rights to post the User Content, and that you own, or have all necessary permissions from the owner of, the User Content. By uploading such User Content, you affirm that you have such rights.
12.3. You acknowledge and agree that User Content may be published and viewed by other Users, and we do not guarantee any confidentiality with respect to any User Content you upload. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
12.4. When posting any User Content, you must comply with the content standards set out in the section below (Content Standards).
12.5. You must act in good faith when uploading any User Content and we rely on you complying with the Content Standards in their spirit as well as to the letter. Content Standards apply to each part of any User Content as well as to its whole.
12.6. By submitting User Content to the Evenet Services, you grant us a licence to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, create derivative works of, publicly display, publicly perform, advertise and otherwise exploit the User Content in connection with the Evenet Services and our business, including without limitation for providing, promoting and redistributing part or all of the Evenet Services (and derivative works thereof) in any and all media formats and through any and all media channels. This licence gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-licence this licence to others.
12.7. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your name, nickname, Username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality to identify you as the source of any of your User Content.
12.8. We welcome any feedback from you about the Content, the Evenet Services or otherwise, including how they can be improved. All feedback you provide is considered to be User Content and as such, you agree to grant us a licence to use your feedback as set out above. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Evenet user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
12.9. We do not actively monitor User Content or User Content; however, we reserve the right to remove any material we deem to be in violation of these Terms or the Content Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any User Content you upload has breached these Terms, including the Content Standards.
12.10. You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorised to act on your behalf.
12.11. When you upload any User Content, you must ensure that (i) you have all necessary rights to upload, edit, store and share User Content, and that you own, or have all necessary permissions from the owner of, the User Content (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Evenet and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Evenet; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. By uploading such User Content, you affirm that you have such rights.
12.12. By posting User Content publicly including, but not limited, to tagging Evenet on social media (through direct mentioning or via a hashtag), you grant to Evenet a worldwide, non-exclusive, royalty-free, sublicensable, revocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising Evenet.app and the Company’s services (“marketing license”). You may revoke this marketing license anytime by contacting us.
12.13. The user hereby acknowledges the right of Evenet to publish any photos or video footage taken at Activities on Evenet Services and on Evenet official social media accounts. If you wish to refuse above, you must clearly express this wish to the photographer or cameraman at Activity. You may request to remove photos or videos already published on Evenet Services or on Evenet official social media accounts by contacting us.
13. Content Standards
13.1. User Content must: be accurate (where it states facts) or genuinely held (where it states opinions), and be kept up to date at all times; not be defamatory, offensive, bullying, hateful, deceptive, threatening, abusive or in contempt of court; not promote sexually explicit material, violence, discrimination or any illegal activity; not infringe any intellectual property rights (including copyright, database rights or trademarks) of any other person; not breach any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality; not contain any advertising or promote any services or web links to other sites; and comply with all applicable law.
13.2. You must not modify any copy of any of the Content or any other information or materials taken from the Evenet Services that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.3. You must not use any of the Content for commercial purposes, unless you tell us first that you want to do this and we (or in the case of User Content, the applicable User) agree to give you a separate licence to do so to cover this use.
13.4. If you print off, copy, or download any part of the Evenet Services or the Content other than as permitted under these Terms, your right to use the Evenet Services and/or any of the Content (or any account you have with us) will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made.
13.5. Except as set out in these Terms, nothing on the Evenet Services should be taken as us granting (whether implied or otherwise) any licence or right in or to our intellectual property rights without our express written permission.
14. Use of the Evenet Services
14.1. In return for your agreeing to comply with these Terms, we grant you a licence to retrieve and display content from the Evenet Services on a device and store the Evenet Services in electronic form incidentally in the normal course of use on your browser or mobile device. This licence is not exclusive to you (we have the right to grant a licence to others too) and we have the right to remove the licence at any time. The licence is personal to you, and you cannot transfer it to someone else. You may only use the Evenet Services on a device which is owned by you, or if the device is owned by someone else, where you have their permission to use the Evenet Services.
14.2. You may use the Evenet Services only for lawful purposes. You may not use the Evenet Services: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm any adult, child or animal in any way; to bully, insult, intimidate or humiliate any person; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; to attempt to gain unauthorised access to any part of the Evenet Services, the server on which our Evenet Services is stored, or any device, server, computer, or database connected to the Evenet Services; to attack our Evenet Services via a denial-of-service attack or a distributed denial-of-service attack.
14.3. Any failure to comply with the provisions of this section, could be considered a criminal offense under applicable law. Evenet reserves the right to report any and all such breaches to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them.
14.4. You also agree that you will not: make the Evenet Services or any Evenet Content available in any form, in whole or in part, to any other person without prior written consent from us; make commercial use of the Evenet Services or any Evenet Content; remove, hide, or change any copyright, patent, trademark or other proprietary rights notices affixed to the Evenet Services or any Evenet Content; copy the Evenet Services or any Evenet Content, except as part of the normal use of the Evenet Services or where it is necessary (and permitted by law) for the purpose of back-up or operational security; translate, merge, adapt, vary, alter, or modify, the whole or any part of the Evenet Service, nor permit the Evenet Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Evenet Services as permitted in these Terms; or disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Evenet Services nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the Evenet Service, or integrate the Evenet Services with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.
14.5. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Evenet Services that you use.
15. Right to terminate
15.1. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Evenet Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Evenet Services at contacting us.
15.2. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
15.3. You may stop using the Evenet Services at any time.
15.4. You may close your account and terminate the use of Evenet Services at any time by following the on-screen instructions or by contacting us.
15.5. Our Evenet Services are made available free of charge. We may stop providing the Evenet Services (or parts of it) to you or add or create new limits to our Evenet Services (or parts of it) at any time.
15.6. If we suspend or terminate your rights to use the Evenet Services:
15.6.1. you must stop all activities authorised by these Terms, including your use of the Evenet Services (and any Content);
15.6.2. you must delete or remove the Evenet Services from all mobile devices in your possession and immediately destroy all copies of the Evenet Services which you have and confirm to us that you have done this; and
15.6.3. we shall be entitled to remotely remove access to the Evenet Services from your devices and cease providing you with access to the Evenet Services.
16. Our Liability to You
16.1. Evenet assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Activities (including the cancellation of an Activity), Content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Evenet Services.
16.2. Although we use our reasonable efforts to update the Evenet Content and the Evenet Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Evenet Services are accurate, complete, and up-to-date, or to the suitability of the Evenet Services or the Content for you.
16.3. Please note, although we provide the Evenet Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities themselves, or any consequences of hosting or attending an Activity arranged through the Evenet Service.
16.4. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Evenet Service. We also do not assume any liability arising from the cancellation of an Activity.
16.5. We do not guarantee that our Evenet Service, or any content on it, will always be available or be uninterrupted.
16.6. To the fullest extent permitted by law we make no warranties as to our Evenet Services or content. You agree that our Evenet Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Evenet Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Evenet Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Evenet Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise
16.7. You are responsible for the information you share with other Users when you disclose information on the Evenet Service. We are not responsible for the conduct of any User of the Evenet Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the Evenet Services or participate in an activity as a Participant.
16.8. Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users (in each case including Creators or Participants). You are solely responsible for all of your communications and interactions with other Users, and you should ensure you take appropriate precautions when communicating with other Users or attending or hosting activities. We make no commitments, and assume no liability, in connection with the conduct of the Users, on or off the Evenet Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or Evenet Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through Evenet Service.
16.9. To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Creators or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Evenet Services or the Content, or in any way or in any location. Evenet assumes no liability whatsoever on any theory of recovery related to Activities.
16.10. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.
16.11. We are also not responsible to you if our provision of the Evenet Services is delayed by an event or cause outside our control.
16.12. To the extent you are aware of suspicious, fraudulent, or behaviour, please immediately report it to us. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behaviour, and (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.
16.13. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Evenet Services or its content, or in any way or in any location in connection with any Activity, the Evenet Services and/or the Content.
16.14. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).
16.15. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE EVENET SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES.
16.16. Ambassadors or Creators are in no way legally connected to Evenet, and, in particular, not employees of Evenet.
16.17. As soon as agreed by the parties, Evenet may provide for Activity, hosted by Ambassador, access to Evenet Services, promotional materials, sponsorship and consulting support for promotional purposes only. These Activities are organised by the Ambassadors on a voluntary basis, in any way, the Ambassador will not represent Evenet as its employee or agent at such Activities.
16.18. Ambassadors and/or Creators are fully responsible for their own Activities. Therefore, under no circumstance shall Evenet assume legal responsibility for damages related to such Activities or to other interaction between its Users. Nor is Evenet legally responsible for the behaviour or actions of Users, Ambassadors, Creators or any other type of attendees during any Activities held on the platform.
17. Your Liability to Us
17.1. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
17.2. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Evenet, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Evenet Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defence or settlement of any such matters.
17.3. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
17.4. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Evenet Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
17.5. If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
17.6. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defence or settlement of any such matters.
18. Viruses, hacking and other offences
18.1. We do not guarantee that the Evenet Services or the Content will be secure or free from bugs or viruses.
18.2. You are responsible for configuring your information devices, technology, computer programs and platform in order to access the Evenet Services and the Content. You should use your own virus protection software to protect these.
18.3. You must not misuse the Evenet Services by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Evenet Service, the server on which our Evenet Services is stored, or any device, server, computer, or database connected to the Service. You must not attack our Evenet Services via a denial-of-service attack or a distributed denial-of-service attack. 18.4. Any failure to comply with this provision, could cause you to commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Evenet Services (and the Content) will cease immediately.
19. Operating System / Mobile Device Requirements
19.1. The App requires a mobile device with a minimum of 200MB of memory and the iOS operating system version 12.0 or later. You must use a commercially released mobile device that has not been modified and is compatible with the App that you install.
19.2. You are solely responsible for any fees or charges, including internet access and data charges, incurred by you in connection with your use of the Evenet Service. We are not responsible for the suitability, functionality, and performance of either your mobile device or your internet or cellular connectivity. You agree you are solely responsible for the maintenance and security of your mobile device, its passwords and any usage or activities that occur in connection with the Evenet Service, your account, and your mobile device.
19.3. We recommend that you back up any content and data (including Uploaded Content) used in connection with the Evenet Service, to protect yourself in case of problems with the Evenet Service.
20. Third Party Links
20.1. Where the Evenet Service contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
20.2. The Evenet Services may include information and materials uploaded by other Users, including information about Activities provided by Creators. This information and these materials have not been verified or approved by us. The views expressed by other Users (including Creators) on the Evenet Services do not represent our views or values.
21. Copyright Notice COPYRIGHT NOTICE If you are a User based in the United Kingdom/the EU: If you have any concern or objection (“Objection”) to any Content please notify us immediately upon becoming aware of the Objection at evenet.net@gmail.com and we shall endeavour to review the Content and may take such action as we deem appropriate (including removal of the Content, or rejection of your Objection). Unless otherwise specified in the Objection, you acknowledge that we have the right to disclose your identity and contact details to the person responsible for any particular item of Content. We reserve the right to refuse to disclose, unless compelled to do so by law, the identity or contact details of any person who is responsible for Content. If you are User based in the United States of America: Evenet respects the intellectual property rights of others and requests that users of the Services do the same. If you believe that your work is being used in connection with the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Evenet to locate the material (for example, by providing a URL to the material); (d) your name, 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our designated agent to receive notification of claimed infringement can be reached at: Copyright Agent c/o Evenet.org, Inc. 8 The Green Suite #10745 Dover, DE 19901 Email address: evenet.net@gmail.com In appropriate circumstances, we will terminate the accounts of Users who are repeat copyright infringers.
22. Statute of Limitations (APPLICABLE TO U.S. USERS ONLY) To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Evenet Services, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Binding arbitration agreement and class waiver disclosure (applicable to U.S. Users only)
23.1. Agreement to Arbitration; Class Waiver: If you are U.S. User you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to , the Evenet Service, and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This arbitration provision shall survive termination of these Terms.
23.2. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written by emailing help@evenet.app. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
23.3. Additional Arbitration Provisions:
23.3.1. Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
23.3.2. Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. 23.3.3. Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
23.3.4. Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforce ability of this Arbitration Agreement.
23.3.5. Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
23.3.6. Class Waiver:
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
23.3.7. Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
23.3.8. Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
23.3.9. Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE EVENET SERVICES BY WRITING TO HTTPS://EVENET.ORG/CONTACT-US OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
23.3.10. YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE EVENET SERVICE.
24. Miscellaneous
24.1. Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
24.2. Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
24.3. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.4. International Use. You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other governmental entity of your jurisdiction imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
24.5. Applicable Law and Jurisdiction. For members residing in the United Kingdom (UK), European Union (EU) or European Economic Area (EEA) or elsewhere where our arbitration agreement is prohibited by law, the laws of England, excluding conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Evenet Services. For the avoidance of doubt, the choice of English governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. Except for members residing in the UK, EU or EEA who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Evenet Services, or to your relationship with Evenet that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of England. If you are U.S. User, this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract and shall survive termination of this Agreement. If you are a U.S. User, further, except as provided in the paragraph below, you and the Company agree to the jurisdiction of Delaware to resolve any Claims that relate to or arise in connection with the Agreement and that are not subject to mandatory arbitration under Section
24. No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25. Contact us If you have any questions or concerns regarding these Terms, you may contact us by email evenet.net@gmail.com
If you have any questions or offer,
we will be happy to answer them
we will be happy to answer them