Last updated: September 15, 2019
Eventors provides the www.Eventors.com website (the “Site”) and the Eventors mobile software application (the “App”) to provide online booking services and promotional tools for event-related service providers of all types. In these Terms of Use (the “Terms”), the words “Eventors,” “we,” “us,” and “our” refer to The Eventors Inc a Delaware limited liability company, together with its affiliates, successors, and assigns. The words “you” and “your” refer to any person accessing or using the Services (as defined below); however, if you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In any such case, the term “you” will refer to such entity and its affiliates.
To assist you in using our Site, including all sub-domains thereof, and our downloadable App, as well as our related products and services (collectively, the “Services”), and to ensure a clear understanding of the relationship arising from your use of our Services, we have created these Terms. Together, these Terms and our Privacy Policy govern your use of the Services, so please read them both carefully.
By using or otherwise accessing our Services, you are acknowledging that: (a) you have read and understood these Terms, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please immediately stop all use of Eventors’s Services. If you have any questions or need any clarifications, please contact us before using the Services. Please note that these Terms were written in English; to the extent any translated version of these Terms conflict with the English version, the English version published by Eventors controls.
Relationship and Conduct
1. Incorporation of Introduction. You hereby represent that everything in the Introduction, above, and otherwise submitted to us by you through the Services or in other communication with us, is true and accurate, and you agree that the Introduction is a part of these Terms.
2. Modification of These Terms. We may modify these Terms at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Services, or failure to terminate your account with us, during thirty (30) days subsequent to any modifications will constitute acceptance of the Terms as so changed. You will be given notice of each modification by: (a) the updating of the “Last Revised” date, above, and (b) an email sent to you by us at the address you designate by clicking here, in the event you choose to designate an email address. If you choose not to designate an email address, you expressly agree that, by updating the “Last Revised” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Services. As such, please check the “Last Revised” date prior to each use of the Services by you, as you will be bound by these Terms as they exist on the date of each such use.
3. Reserved Rights. Without limitation to all other rights enjoyed by Eventors, we expressly reserve the right at any time to:
- - Modify these Terms as provided herein;
- - Change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings;
- - Terminate the membership of any member without refund and/or pursue legal action against any user of this website who does not comply with these Terms, though Eventors assumes no obligation to do the same;
- - Change any fees or charges for using the Services;
- - Change, edit, add to, disable or delete any PromoKit information or imagery at our sole discretion, or other content within the Services, without notice;
- - Terminate “Event Planner” accounts we feel may be putting our members at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;
- - Monitor any and all member-to-client and/or member-to-member interactions;
- - Revoke any account without refund for acting in a manner Eventors deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due;
- - Hold a deposit or balance payment if at our sole discretion we determine that the booking is a risk for fraud;
- - Require a deposit or balance payment be returned to Eventors if a booking is not honored and/or we determine a violation of these Terms has occurred. Failure to return a payment when requested could result in permanent removal from the Services; and
- - Remove any member account at any time for any reason.
4. Online Conduct. At all times when using or accessing the Services, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Services or transmit to other members. You will not post on the Services, or transmit to other members or Eventors employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Services does not comply with the foregoing. In using the Services to enter into any booking agreement or other contract of services (a “Contract”), whether you enter into such Contract as the vendor providing the services or the party organizing an event, you will not include in the Contract any terms or conditions that are inconsistent with these Terms or with Eventors's published policies for Contracts entered into through our Services (you may find our policies here). You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. Eventors reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time. You will not falsify your identity or misrepresent yourself in any way on the Services . You will not “stalk” or otherwise harass any person in any way. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Services. You will not transmit any chain letters, spam or junk email to other members or to us. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent. You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt our services or the Services, or the servers or networks connected to our services or the Services. You will not post html code except where instructed in any area of your profile within the Services. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like). You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not “frame” or “mirror” any part of the Services, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.Eventors.com or our Services in order to direct any person to any other website for any purpose. You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the Services or any source code or other software used in or for the Services, nor will you cause, assist, or encourage others to do so. You are solely responsible for your interactions with other members. Eventors reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other members. You will not, for any reason, directly or indirectly submit a review to a PromoKit with which you are affiliated. Reviews may only be posted by legitimate clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Members are required to keep all bookings and their associated communications on the Eventors platform. We reserve the right to terminate any member account that attempts to complete a booking outside of Eventors, when that booking has originated from a Eventors inquiry. Discouraging, suggesting, and/or preventing clients from booking you through Eventors is not permitted, and discouraging clients from hiring other Eventors members is not permitted. You will not re-sell or re-offer any lead you receive through Eventors to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website. Eventors has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on their Eventors listing. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in the listings photos, in listings text, in listings audio/video samples, or in messages to prospective clients. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from Eventors related to your or another member’s compliance with these Terms.
Failure to comply with the foregoing provisions outlined under “Online Conduct” above may result in immediate suspension or termination of your right to use the Services without refunding your membership fees. Eventors reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms.
5. Purpose and Nature of the Services.
The contents of our Services, and the Services in general, are intended strictly for the purposes of: (i) connect users\event planners with vendors for their events, and (ii) facilitating the booking of such service for engagements to provide services (collectively, “Permitted Uses”). Selling or offering to sell any interest in real property, any personal property, or other tangible good (as opposed to your entertainment services) is not a Permitted Use of the Services and is strictly prohibited. You represent and warrant that you understand, and agree, that Eventors is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of services at any event or engagement. While we do believe that Eventors members will achieve some amount of exposure from a listing within our Services, we do not guarantee in any way that the use of our Services will produce paying clients for our members. We do not guarantee that users who supply services as a result of introductions made through Eventors will be paid for their services. We do not represent or guarantee that our Services will further the careers of our members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Eventors does not take responsibility for the content of any member profile, or member services offered on any profile. Eventors does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a member should be directed to the particular member. Eventors does not endorse, sanction, or verify members on this website. Contacting these members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any member listed within our Services. 6. Age Restrictions. In order to use Eventors’s Site and other Services you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13. A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by Eventors. Some areas of the Site and App may contain material that is inappropriate for Minors.
7. Links to Other Websites and Services
Eventors does not control the availability or content of any outside websites, application, services, or resources (collectively, “third party services”) to which the Services may link. Concerns regarding any such third party services or links thereto should be directed to the particular outside third party service. Unless stated otherwise, Eventors does not endorse, sanction, or verify third party services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such third party services is at your own risk, and we disclaim all liability with regard to your access to such third party services. In addition, we do not endorse, sanction, or verify third party services that link to our Services, even if any logo or mark of Eventors is used as part of the link to our Services.
8. Disclosures About You by Eventors.
Without limiting any of the foregoing, you agree that Eventors may use or disclose information about you and your use of the Services in accordance with these Terms and our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.
9. No Partnership, Agency, or Affiliation.
Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that Eventors is not the partner, agent, joint venturer, or otherwise an affiliate of you, any member, or any other user of the Services.
Registration, Payments and Refunds
10. Registration and Membership of Users.
While you can utilize our Services, and review a range of information about vendors listed on the platform, without registering, to post information through our Services, and to obtain access to certain other materials or information from our Services, you must become a registered user to access certain information or complete certain transactions. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Services, you agree to provide us with accurate, complete, and updated information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Services will be maintained and protected by us in accordance with these Terms and with the terms of our Privacy Policy. When you register to use our Services, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the member control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Eventors, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your account.
11. Eventors’s Fees.
Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information is available on the Site. All fees due from you to us hereunder are transaction-based service fees, referred to herein as “Eventors Fees.” All financial information addressed within the Services (including Eventors Fees, gig quotes, deposits, and/or any other various pricing information) is given in terms of US dollars for US members and Canadian dollars for Canadian members unless otherwise stated.
12. Fees and Payments.
You understand that eventors may initiate charges to you for the goods or services you receive. By using our Services, you authorize eventors to receive and/or enable your payment of applicable charges for the goods or services (including third party services) obtained through your use of the Platform and Platform Services. You acknowledge and accept that, as between you and eventors, may revise charges for any services obtained through use of the Platform at any time in eventors’s sole discretion. eventors will make reasonable efforts to inform you of the charges incurred through your use of the Platform Services, but you shall be responsible for all charges incurred under your Account regardless of your awareness of such charges. The charges you incur may be owed directly to third party service providers, and eventors will collect those charges from you, on the third party’s behalf as their limited collection agent, and payment of such charges by you will be considered the same as if made directly by you to the third party service provider. eventors reserves the right to otherwise collect payment from you and pursue any remedies available to eventors in circumstances in which you are deemed liable or owing for any unpaid fees, damages, fines or other sums for which you are responsible, as decided by eventors in its sole discretion and in accordance with this eventors Services Agreement, the applicable policy set by eventors, and/or the terms of the Booking Agreement mentioned in the Listing. (b) Fees Charged by eventors. eventors charges services fees to its users in exchange for use of the Platform Services or for providing Concierge Services. vendors are charged vendors Fees; planners are charged planner Fees, Service Fees are described in more detail on our Fees Overview. All applicable Service Fees and Taxes will be displayed to the applicable user prior to completion of a Booking. eventors reserves the right to alter or amend its fees at any time and such changes will become effective after reasonable notice has been given. (c) vendor Charges and Additional Fees. A Booking provides a limited use of Vendor Service as described in the Listing and Booking Agreement, if applicable, for which the vendor charges a fee ( the “Booking Price”). A vendor may sometimes also charge a transportation Fee in association with the hire of a service. If the vendor offers extras in a Booking, the vendor may also charge a vendor extras Fee. If you use a Vendor Services beyond that specified in your agreement with another user you will be responsible for payment of additional Fees (“Additional Fees”) as described on the Fees Overview. Additional Fees are determined based on the factors described in the Listing. As a planner, you are solely responsible for any damage done to the vendors equipment or Amenities by anyone attending or working at your Event. vendor must notify us within 72 hours days of a planner exceeding the permitted use of the service\product and specifically request payment of Additional Fees. Users agree that eventors may, in its sole discretion, determine whether a vendor is entitled to receive Additional Fees in accordance with this eventors Services Agreement, the applicable policy set by eventors, and/or the terms of the Booking Agreement between the planner and vendor mentioned in the Listing. (d) Prepaid Fees. Certain Bookings may require you to provide a portion of prepaid Fees or a refundable amount (“Deposit”) in advance. All Fees and Deposits, as applicable, will be identified prior to completing your Booking. If held by eventors, at our option, Deposits may be credited to your Booking or returned when the service is completed in acceptable condition and free of any material damage. While we may facilitate the collection of Fees and Deposits for vendors, once remitted to vendor, we are not responsible for the return of Fees or Deposits to Guests, where applicable. (e) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Vendor Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, eventors will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing providing or using Vendor Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay eventors for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this PSA including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this PSA or misuse of the Platform, Services,Vendor Services (collectively, “Fines”). You understand and agree that eventors does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes. (f) Payment. You will timely and fully pay any Fees, Deposits, Taxes, Fines, or other amounts you owe under this PSA. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashiers’ check). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of ten percent (10%) per month until delinquency is resolved. We may use any legal means available to us to collect delinquent payments, including collections agencies or court filings. (g) Payment Processing. Acceptance and payment of funds between users or eventors on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. eventors does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. Appointment of eventors as a Limited Collection Agent. Each user (Vendors, or planners who facilitate certain transactions through our Platform) who collects payment for services provided via the Platform (“Collecting User”) hereby appoints eventors as the Collecting User’s payment collection agent solely for the limited purpose of accepting funds from other users purchasing such services (“Paying User”). Each Paying User acknowledges and agrees that, notwithstanding the fact that eventors is not a party to the agreement between you and the Collecting User, eventors acts as the Collecting User’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Collecting User. Once a Paying User makes payment of funds to eventors, the Paying User’s payment obligation to the Collecting User for the agreed upon amount is extinguished, and eventors is responsible for remitting the funds to the Collecting User in the manner described in this PSA, which constitutes eventors’s agreement with the Collecting User. In the event that eventors does not remit any funds, the Collecting User will have recourse only against eventors and not the Paying User directly. Each Collecting User agrees that payment made by a Paying User through eventors shall be considered the same as a payment made directly to the Collecting User. The Collecting User will provide the purchased services to the Paying User in the agreed-upon manner as if the Collecting User has received the payment directly from the Paying User. Each Collecting User agrees that eventors may refund the Paying User in accordance with this PSA (including all applicable terms referenced herein) and each Collecting User understands that eventors’s obligation to pay the Collecting User is subject to and conditional upon successful receipt of the associated payments from Paying User. eventors shall be obligated to make payments to Collecting User only for such amounts that have been actually received by eventors from Paying User in accordance with this ESA. In accepting appointment as the limited payment collection agent of the Collecting User, eventors assumes no liability for any acts or omissions of the Collecting User.
14. Collection of Deposits and Payments.
Each member or other user that is a provider of services promoted within the Services (each a “Supplier”) hereby appoints Eventors as its agent for receipt of deposit, balance, or other payments that Eventors permits to be made through the Services (each a “Payment”). Where a user that is not a Supplier and who wishes to retain a Supplier for services (each a “Purchaser”) wishes to make a payment to a Supplier through the Services, Eventors may, but is not required to, accept such Payment in its capacity as agent of the Supplier. As of the instant when Eventors is in receipt of any Payment, the Supplier for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if Eventors settles the Payment amount to Supplier. Purchaser shall be a third party beneficiary of such release by Supplier hereunder. Following receipt of Payments for Suppliers, Eventors shall settle the amounts thereof to Suppliers less all Eventors Fees disclosed in the Services and less any chargebacks, reversals or returns by Purchaser. Eventors reserves the right to return any Payment to a Purchaser for any reason or for no reason. Eventors reserves the right to provide Purchaser with a receipt in the name of the Supplier for each Payment which receipt Supplier shall honor.
15. Refunds
All sales are final and will not be refunded, unless specifically agreed to otherwise by us.
Intellectual Property Rights, Licenses, and Complaints
16. Content Ownership.
Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within the Services (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Eventors. The Services as a whole is protected by copyright, trademark, trade dress and other proprietary rights, all worldwide right, title and interest in and to which is owned and controlled by Eventors. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Eventors does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Eventors hereby expressly disclaims any such affiliation or endorsement.
17. Site and Services Use License
Subject to these Terms and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Contents. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand that the Site and Contents are for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site or App (i) no Contents (other than your Submissions) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to Eventors Site, App, or other Services.
18. License to Submissions
With respect to any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may post on your listing (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally and irrevocably grant to Eventors and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to vendor, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services. If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP, SESAC, or GMR, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms. Note: Eventors pays royalties to ASCAP and BMI to publically perform compositions from their affiliated artists through our Site. As a user of our Services, it is your obligation to determine affiliation of compositions you upload to the Services. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly. Eventors shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms. The foregoing licenses and rights granted to Eventors will survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as Eventors shall have no obligation to return any Submissions to you should it become damaged or lost. You represent, warrant and agree that: You own or control all necessary rights in and to the Submissions to use them with Eventors; You have the full right and authority to grant the rights, licenses, and permissions in these Terms; All Submissions submitted by you into or through the Services do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s); and To the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your Submissions, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your Submissions, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your Submissions, and at our request you shall provide us with confirmation of such authorizations and payments.
19. Complaints About Perceived Trademark Infringement.
Eventors respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others. If you are concerned that a Eventors member or any content within our Services violates your trademark rights, please seek legal advice. You may also read basic facts about trademark rights, published by the United States Patent and Trademark Office, here. Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this Section 19) has occurred, we encourage you to contact the Eventors user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Eventors’s involvement. If you believe the perceived trademark infringement requires action by Eventors, you may choose (i) to utilize the Trademark Dispute System offered by Eventors, if available, or (ii) to submit a formal claim of perceived infringement to Eventors in accordance with the following provisions of this Section 19. Submitting a claim of perceived infringement is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of Your Mark, please fill out all fields in this claim form, and fax, mail, or email the completed claim to Eventors as follows: To be considered a complete claim, you will be required to provide all of the following information: Your full name, mailing address, email address, and phone number; The specific word, term, design, image or other device in which you claim trademark rights (“Your Mark”); A summary of the goods and/or services sold or offered by you under Your Mark; The United States Patent and Trademark Office (USPTO) or Canadian Intellectual Property Office (CIPO) registration number for Your Mark, if registered; The URL, or other information, sufficient to permit Eventors to locate and identify the material you contend infringes Your Mark; A detailed description of how you believe the reported material infringes Your Mark; A declaration, under penalty of perjury, that either (a) you are the owner of Your Mark, or (b) you are an authorized representative of the owner (including an explanation of your relationship to the owner of Your Mark); A declaration, under penalty of perjury, that: (a) you believe in good faith that content complained of is not authorized by the owner of Your Mark, its agent, or the law; and (b) the information contained in the completed claim form is accurate in all respects; and Your signature. Eventors will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Services or take other action(s) to address the perceived infringement; however, if such member promptly provides Eventors with persuasive evidence or arguments, in Eventors’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim. Please be advised that we may, in our discretion, provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you, as well as any contact information we have on file for you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement. Without limiting Eventors's other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20. Complaints About Perceived Copyright Infringement.
Eventors respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others. If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the United States Copyright Office, here. Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this Section 20) has occurred relative to Work you created or own, you must follow the procedures set forth below.
20.A. User-Generated Content; DMCA.
If you believe that content within our Services that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Eventors’s involvement. If you believe the perceived copyright infringement requires action by Eventors, you must submit to Eventors a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when Eventors receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests. You may use this claim form provided by Eventors, or may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to Eventors for processing must contain at least the following: An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single Takedown Notice, a list of all works alleged to have been infringed; An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material; Contact information of the Complainant, such as an address, telephone number, electronic mail address; A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and A physical or electronic signature of the Complainant. You must submit the completed Takedown Notice to Eventors’s designated agent under the DMCA, which may be found here and is provided below:
Upon receipt of a Takedown Notice Eventors deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement, as well as any contact information we have on file for the alleged infringer. Without limiting Eventors’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20.B. Other Content.
If you believe the perceived copyright infringement involves content generated by Eventors, rather than members or other users of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
Disputes, Liabilities, and Disclaimers
21. DISCLAIMER OF ALL WARRANTIES.
All data and information featured in the Services is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the Services; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the Services will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Services; (v) any details relating to any transactions you may engage in with any other use of the Services; (vi) the quality of the listings or other information offered by you or any user of the Services; (vii) the financial condition of you or any user of the Services; or (viii) compliance with local, state and federal laws by you or any other user of the Services. Eventors makes no representation that the information in the Services is appropriate or available for use in locations outside the United States, and access to the Services from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Services from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
22. LIMITATION OF LIABILITY.
Neither Eventors nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. Your sole remedy as a result of any breach or alleged breach by us of these Terms is limited to your ability to discontinue use of the Site and App, and your ability to terminate your participation in any Services. To maximum extent allowed by applicable law, Eventors shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Services or information flowing through the Services.
23. ASSUMPTION OF RISK.
Your use of the Services is at your sole risk. You should conduct your own independent investigation of the users of the Services before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the Services be liable for any financial or other obligations that may arise between you and any other user of the Services. You acknowledge that documents posted to and content available through the Services may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Services. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
24. WAIVER AND RELEASE.
By using our Services, you hereby waive any rights of recovery, under any theory of law, that you may have against Eventors, and its parents, subsidiaries and affiliates, and you release Eventors from any claim, cause of action or demand, on account of your use of the Services or the provision of the Services by Eventors.
25. Indemnification.
By using the Services, you agree to indemnify, defend, save and hold harmless Eventors, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgments, damage, demands, cost, or expenses (including reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Services; (ii) any breach or violation by you of these Terms; (iii) any breach or violation by you of any representation or warranty made herein; and/or (iv) your violation of any rights of any third party. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 25. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses.
26. Applicable Law.
These Terms and Eventors provision of the Services to you shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflict of laws provisions thereof and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
27. Exclusive Jurisdiction.
You and Eventors further agree that any dispute, claim, or action to interpret or enforce these Terms, or in any way related to your use of, or Eventors’s provision of, the Services, may only be brought exclusively in the state or federal courts of North Carolina. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s).
28. Enforcement Costs.
Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.
Terms Applicable to Mobile Application
29. Downloading App from App Providers
If you download our App from a third-party app store (the “App Provider”), you acknowledge and agree that: These Terms are an agreement between you and Eventors only, and not with the App Provider. As between Eventors and the App Provider, Eventors is solely responsible for the App and the Services rendered in connection with the App; The App Provider has no obligation to provide any maintenance and support services with respect to the App; In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Eventors and the App Provider, Eventors’s responsibility; The App Provider is not responsible for addressing any claims you have relating to the App or the Services, or your possession and use of the App; If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Eventors, Eventors will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; The App Provider and any of its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and You must also comply with all applicable third-party terms of service when using the applications.
30. License to Download and Use the App.
Subject to your strict compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We reserve all rights in the App not expressly granted to you by these Terms.
31. Upgrades.
The App may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the App and our Services.
32. Devices and Communications Charges.
To download, use, or access our App, you will need a compatible “smart” device. We cannot and do not guarantee that the App will be compatible with, or available on, your specific device. You telecommunication company’s normal messaging, data, and other rates and fees will still apply. You understand that you are responsible for any charges associated with sending or receiving data and communications via your device.
Miscellaneous
33. Notice to California Users.
Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
34. Contacting Us.
If you have any feedback, questions, concerns, or comments about any of the Services, please contact us as provided. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
35. Modifications to the Services.
We may make improvements or other changes to the Services, or to the information within and services offered through the Services, without notice to you. We may add, delete, move, or modify some or all of the Services at any time.
36. Transfer of Rights and Assignment.
. Eventors may wish at some point to assign or transfer its rights in the Services to a third party, whether in connection with a merger, acquisition, asset sales, reorganization or otherwise. You agree that Eventors may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by a privacy policy at least as protective as Eventors’s then-applicable Privacy Policy.
37. Relationship.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eventors as a result of these Terms or your use of the Services.
38. Severability.
Invalidation of any provision of these Terms shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
39. Captions.
he captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.
40. Entire Agreement; Amendments and Waiver
These Terms comprise the entire agreement between you and Eventors regarding your use of the Services, and they supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms must be made in writing, signed or posted within the Services by Eventors.
Privacy
Our Privacy Policy describes our collection, use, storage, and sharing personal information. This includes personal information included in Content and information collected through use of the Platform. We may anonymize, pseudonymize, or aggregate any information, including personal information or Content, and use this information for any purpose including improvement of the Platform or Services, or creating or distributing public marketing collateral.
Support
We provide you basic information to help you use the Platform and Services at our Support Site. While we try to maintain accurate support information, we are continuously improving the Platform and Services and cannot guarantee that the information provided through our Support Site is always accurate or current. While we may also provide email or phone support from time to time, we cannot guarantee that you will, where provided, receive a response within any specific timeframe.
The Eventors Services
Terms Applicable To vendors
(a) Listings.When you List a service as a vendor, you must provide all required details about the service including a description, how it may be used, the cost of a Booking, availability, a list of any facilities, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding use of any amenities, furniture, equipment, vendors extras available at an additional charge, or fixtures that are part of the service (collectively, “Amenities”). While it is important to communicate excitement and the benefits of your service, the Description must be accurate and give potential planners a reasonably good understanding of how they may use the service for their Event, including the disclosure of any deficiencies, restrictions, or applicable policies. Any terms or conditions included in your Listing must not conflict with this agreement or applicable Policies unless expressly permitted by eventors in writing. For example, you may not (i) modify or expand a planner’ financial responsibilities or limit a planner’ ability to seek recourse or restitution under this agreement, (ii) violate the Community Guidelines or Laws, or (iii) require planner to pay you directly outside the Platform.
(b) Permission to List And Book services. You represent and warrant that you are permitted under applicable Laws to List and operate a Booking of any service provided, that service comply with applicable Laws, and that you will reasonably facilitate and not obstruct the use of a service as Booked by a planner. In addition, you represent and warrant that any Listing you post, any Booking of a service, or a planner's use of a service will not breach any agreements you have entered into with any third parties, including but not limited to, business owners associations, condominium associations,or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licenses, and/or registrations), or other terms placed on the service you provide.
(c) Bookings. Bookings are created when you accept a booking request, receive an acceptance to a custom offer you have submitted to a planner, or enable your Listing to be booked without prior approval (“Instant Booking”) by a Guest. Bookings are a legally binding agreement between you and a planner which means you are required to provide the service and product as described in your Listing and according to the terms agreed to in your Booking. You also agree to pay the applicable Service Fees to eventors.
(d) Booking Price. You are solely responsible for setting the Booking Price (including applicable Taxes, transportation Fees). You may not raise the Booking Price for a particular planner after the planner accepts the Booking, but may alter prices based on the addition or deletion of vendors extras prior to the Event. eventors may determine, in its sole discretion, to refund the planner part or all of the Booking Price in accordance with its policies.
(e) Conditions of the service. You are responsible for providing quality service to planners. services and products must be in good working order and provided to planner in a safe, clean and usable condition. Any physical deficiencies or defects must be corrected or disclosed before you List a service or a product. The condition of the service and product must be accurate to its portrayal on your Listings.
(f) Booking Agreements. In certain cases, we may elect to require a supplemental Booking Agreement with your Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a planner. Except where approved by eventors, Booking Agreements with supplemental clauses may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter planner’s or vendors’s liabilities.
(g) Recordings. During their Event, planners may photograph, film, or otherwise record events when using service and products (“Event Recordings”). Except as expressly prohibited by federal, state, local or other governmental Laws or as otherwise set forth in the Description or any Booking Agreement, you grant to any planner that Books a service and\or product a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Recordings that may include or identify the service or product.
(h) Conduct and Fees. As a vendor, you are solely responsible for ensuring that services and products comply with all applicable Laws including any alcoholic beverage laws, local ordinances related to the condition, licensure, or registration of services for use by planners, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time. All Fees owed by vendors are subject to the Fees Overview and Cancellation and Refund Policy. vendors are responsible for their own acts and omissions as well as the acts and omissions of any individuals who work or reside at or are otherwise present at the event as part of the service at your request or invitation, excluding the planner and any individuals the planner invites to the event. If eventors, in its sole discretion, determines that a planner is entitled to receive a refund in accordance with this eventors Services Agreement, the applicable policy set by eventors, and/or the terms of the Booking Agreement between the planner and vendor mentioned in the Listing, after the vendor has already been paid, eventors will be entitled to recover the amount of any such refund from the vendor, including by subtracting such refund amount out from any future payments due to the vendor.
(i) Preparation for and Supervision of Event. As a vendor, you are solely responsible for (i) preserving and protecting your staff and products by following all the necessary safety measures , (ii) determining the appropriate types and intensities of the event, (iii) evaluating the appropriateness of potential planner, and (iv) supervising and monitoring the service and products your planner’s use for the Event, to the extent (if any) you as vendor determine in your sole judgment.
(j) Provision of Alcoholic Beverages. If a vendor sells alcoholic beverages, the vendor represents and warrants that: (a) it holds a valid, current alcoholic beverage license from the state and/or local licensing authorities that permits sales of alcohol directly to consumers; (b) that it currently complies and will comply with all alcoholic beverage laws; and (c) that it is responsible to alcoholic beverage authorities for activities or Bookings made on eventors and any orders of alcohol beverages under this Agreement. vendor shall maintain all alcoholic beverage permits and licenses necessary and retain order records necessary to provide alcoholic beverage services as required by all applicable alcoholic beverage laws. vendor acknowledges and agrees that orders will be fulfilled based on and under its legal rights under its alcoholic beverage licenses.
3.2 Terms Applicable to users\plnners.
(a) Bookings. Bookings are created when a vendor accepts your booking request or enables their listing to be booked without prior approval via the Instant Booking feature. Bookings are a legally binding agreement between you and a vendor and are subject to any additional terms and conditions that the vendor has outlined in their listing description or via messaging, any supplemental Booking Agreements, and other terms set forth by the vendor, which will be provided to you prior to confirmation of a Booking. A Booking creates a contractual relationship between users. Upon Booking a service and\or a product, a planner is (i) granted a limited, temporary, revocable license to contract for Vendor Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by a separate Booking Agreement that incorporates the terms and conditions of this Agreement and referenced policies.
(b) Booking Confirmation. Guests must have a valid Account in order to complete Bookings. Bookings can be completed by following the Booking process for the applicable service. planners are encouraged to review the service Description, applicable services descriptions, and confirm availability prior to Booking a Vendor Services. Some services and products may require additional or supplemental verification in order to confirm a Booking. For example, planner may be required to verify their age in order to Book certain service or to purchase alcoholic beverages for an Event. Applicable Fees and other charges (e.g. a Deposit, if applicable) will be shown before you complete your Booking. You are responsible for all Fees, charges, and Taxes associated with the Booking. All Bookings are subject to our Cancellation and Refund Policy.
(c) Limited Licenses for Bookings. When you Book a service, you are provided a license to enter, occupy, and contract the service only as described in the Booking and confirmed by the vendor, subject to this PSA and any Booking Agreement. A Booking does not provide you a permission use of the service beyond the specified time and Description. re-(d) Conduct and Fees. You agree to comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the Vendor Service only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same. During your Booking, you are responsible for (i) the behavior and acts of any attendees, service providers, or others present at your event, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup or breakdown of your Event, or (iv) complying with applicable Laws including acquiring any required licenses or permits for your Event, hiring security personnel for larger Events, or limiting noise to certain times of the day. You are responsible for and accept all liability for any damage done to the vendor their staff and equipment during your Event by attendees or service providers whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree to return the product\service equipment to the vendor in substantially the condition as provided to you or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify vendor of any damage done to their product or equipment or Amenities. All Fees owed by planners are subject to the Fees Overview and Cancellation and Refund Policy.
(e) Cancellation and Refunds. All cancellations and any refunds that may be available to you are subject to our Fees Overview and Cancellation and Refund Policy.
(f) Holdovers and Additional Fees. You agree to allow the vendor to leave no later than the end-time of your Event or at such other time as mutually agreed upon between you and the vendor. Additionally, you agree to pay to vendor an overtime charge (“Overtime Charge”) as well as all applicable planner Fees, Taxes, and other expenses incurred by the vendor. We may calculate the Overtime Charges based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments). You may also be charged for other costs associated with your exceeding the permitted usage of the Booking (for example, exceeding the number of Event attendees (“Over Capacity Fees”). Eventors may charge an additional Service Fee for any Overtime Charges, Damage Charges, or any other charges assessed by vendor using the Platform. You may read more about all fees and charged in our Fees Overview. If Eventors, in its sole discretion, determines that a vendor is entitled to additional fees, charges, or damages in accordance with this Eventors Services Agreement, the applicable policy set by Eventors, and/or the terms of the Booking Agreement between the Guest and vendor mentioned in the Listing, Eventors will be entitled to collect any such sums from you required to satisfy the outstanding obligation. Eventors reserves the right to otherwise collect payment from you and pursue any remedies available to Eventors in this regard in situations in which you are responsible for fees, charges, or damages, including, but not limited to, in relation to any payment requests made by vendors.
(g) Using vendor Services. You are responsible for evaluating the description, costs, restrictions, and applicable terms for any vendor Services provided by the vendor in connection with a Booking. You are responsible for identifying and complying with all laws, rules, regulations, and restrictions applicable to your use of any vendor Services. We are not responsible for and disclaim all responsibility for and liability resulting from vendors’ actions or failure to act, for the nature or quality of any vendor Services, and for any loss or injury you or others sustain arising out of or related to vendor Services.
(h) Using Vendor Services. You may have the ability to Book Vendor Services as part of your Booking. Vendors are independent third-party contractors and are not affiliated with, or under the control of, Eventors. Vendor Services may be available to Book through the Platform or we may help you do so through Concierge Services. You understand that Vendor Services are provided by Vendors and not Eventors. We are not responsible for and disclaim all responsibility for and liability resulting from Vendors’ actions or failure to act, for the nature or quality of any Vendor Services, and for any loss or injury you or others sustain arising out of or related to Vendor Services. You acknowledge that Eventors may be paid compensation by one or more Vendors in connection with a Booking of Vendor Services.
(i) Using Concierge Services.(j) Alcoholic Beverages. Eventors does not produce, distribute or sell alcoholic beverages, but may relay order information to licensed retailers and/or manufacturers (“Licensees”) who may provide for the sale of alcoholic beverages, either as: (i) a vendor offering vendor Services; or (ii) Vendor Services coordinated through Concierge Services. Neither Licensees nor Eventors sell alcohol to persons under the age of 21. By using this Platform for Services related to alcoholic beverages you acknowledge, affirm, and represent to us that you are over the legal age required to buy alcoholic beverages. We make every effort to ensure that alcoholic beverages are not offered, sold, served, or delivered to anyone who is under the age of 21. By using this Platform, you are acknowledging that the person receiving any shipment of alcoholic beverages from a Licensee is over the age of 21. You also agree that any alcohol purchased from a Licensee is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you may not use the Platform and Services. If you misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities for prosecution to the fullest extent allowable by law. If we are held liable for any reason based on a misrepresentation of your age, you agree to indemnify us and/or reimburse us for all costs, expenses (including legal fees) and damages we and they suffer or incur.
(k) Attendees. You are responsible for your own acts and omissions as well as the acts and omissions of your invitees or other individuals to whom you provide access to the event (collectively referred to as “Attendees”), excluding the vendor and the vendors invitees, if applicable. You agree that you are responsible for ensuring that all minors are accompanied by an adult responsible for them and that you are legally authorized to act on behalf of any minor Invitee.
Cash Advances
We offer a 50% cash advance for vendors who require funds in order to prepare for a large booking (e.g. food, flowers, bar service, etc.).
Terms: Applied to orders of $2,000 or more. You must have at least one 5 star review. The vendor must first accept the booking request, then send an email to support@eventors.com no sooner than 30 days prior to the day of the event requesting the advance.
