The use of the My Social Events Website is subject to the following terms, conditions and limitations. The terms, conditions and limitations may be changed or updated from time to time in My Social Events' sole discretion without notice.
This User Agreement and Privacy Policy ("Agreement") is between you (referred to as "User", "You" or "Your") and My Social Events (referred to as "My Social Events", "Company", "We", "Our" or "Us"). In consideration of the right to access and use the Company's Website, MySocialEvents.com ("Website"), User agrees to the terms and conditions of use set forth in this Agreement. User's continued use of the Website indicates User's willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
Read this Agreement carefully before accessing content on the My Social Events Website. BY ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS IN THIS AGREEMENT.
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Fees and Services.
By registering for My Social Events and listing events You authorize My Social Events to charge You a service fee ("Service Fee") for doing so. The Service Fee will be in accordance with our Fee Schedule of $49.95 per event which can be listed up to sixty (60) days by You. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with Our sites and services in a timely manner via a valid payment method. Valid payment methods include credit or debit card.
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Company's Control Over Website.
- Company has the right, but not the obligation, to monitor the use of the Website and its content and, except as otherwise provided under Section 18 ("Privacy"), may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Without limiting the foregoing, Company has the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
- Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
- The posting of content, photos or other information by User (collectively, the "User Information") on the Website is subject to the prior approval of Company. Company reserves the right to use any submitted information, photos, and/or ideas free of remuneration or acknowledgement.. Company has the right, in its sole discretion, to use and post User's name in connection with any User Information submitted by User. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the User Information.
- Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
- Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
- Company may also impose limits on certain features and services or restrict User's access to parts or the entire Website without notice or liability.
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Intellectual Property Rights.
- The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The Company's logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
- All materials contained within the Website (the "Content") are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
- User MAY NOT download and make copies of the Content and other downloadable items displayed on the Website for personal, noncommercial use. Copying or storing of any Content is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content's copyright notice.
- By posting messages and User Information, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, prepare derivative works based on, and otherwise exploit such Communications, subject to Section 18 ("Privacy") in all manners and in all media now known or hereafter developed.
- User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
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Ownership/Trademarks and Copyright.
All content and information included on this Website, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, Company or is the property of Company's content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on this Website is the property of Company and is protected by the laws of the United States and other countries and international treaties. Company's marks indicated on this Website are registered trademarks of Company. All other marks that are not owned by Company that appear on this Website, such as those of Company's clients, are the property of their respective owners, which may or may not be affiliated with or connected to Company. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of Company or the owner of such marks.
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Indemnification.
- You are entirely responsible for maintaining the confidentiality and security of Your own information and for all activities that occur during Your use (or anyone authorized by You) of this Website. Neither Company nor User is assuming or incurring liability for any debt, action or failure to act, or any other liabilities of the other of any nature whatsoever. Each party agrees to hold the other harmless from any such liability.
- You agree to indemnify, defend and hold My Social Events and My Social Events' affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, statutory penalties, costs, fees, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys' fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any (i) breach or non-compliance by You of this Agreement or Marketing Agreement, (ii) representations or misuse of this Website or of any website linking to this Website and (iii) claim brought by persons or entities arising from or related to Your access to and use of this Website. In no event shall Company be responsible for any indirect, special, incidental or consequential damages or losses. You shall use Your best efforts to cooperate with My Social Events and our affiliates in the defense of any claim.
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International Use.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union, the United States or the country in which You reside.
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User's Covenants.
User represents, warrants and covenants:
- User has the legal capacity to accept and be bound by this Agreement.
- User understands that the Company is strictly a conduit for communication between the User and the party submitting or viewing the listed event (whichever is applicable) and the Company does not provide the actual services.
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User shall not upload post or transmit to or distribute or otherwise publish through the Website any materials which:
- Restricts or inhibit any other user from using and enjoying the Website,
- Are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, profane, explicit or indecent,
- Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,
- violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights,
- contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,
- Contain any information, software or other material of a commercial nature, or
- Constitute or contain false or misleading indications of origin or statements.
- User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not disclose to or share User's account number or password with any third parties (except legal counsel) or use the password for any unauthorized purposes. User shall not link to the Website in any manner that would bypass the Website's home page. User shall not "frame" the Website or any portion thereof.
- User has not and will not file an Agreement or access the Website under a company name other than the current company name and personal name used herein.
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User's Acknowledgments.
- User acknowledges that the Company does receive Service Fees from Users who have successfully listed an Event Listing on My Social Events. Company does not charge Users any fee to join or "browse" My Social Events.
- User acknowledges that the Company may use the Communications for any lawful purpose, subject to the Company's Privacy Policy. User shall not be entitled to any payment or royalties from Company in the event that Company uses any such Communications.
- User acknowledges that transmissions to and from this Website are not confidential and that User's Communications may be read or intercepted by others.
- User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User's own risk.
- User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
- User acknowledges that Company does not endorse Event Listings listed by Users. All transactions, contracts, agreements written or verbal between Users and browsers of the site are the responsibility of the parties involved.
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Disclaimers.
- The Website contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
- Event listings from Event submitters are for information purposes only.
- Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
- Company is not an author or editor of materials posted to the Website by users, and Company is not responsible for any such materials posted thereby.
- Company disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
- Company's sole responsibility and liability for goods and services offered through the Website, whether offered by the Company or third parties, is to remove it.
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Limitation of Liability.
- None of the My Social Events staff, consultants, contractors or third-party content providers shall be liable for damages direct or indirect arising out of or in connection with the use of the My Social Events Website. Clicking on certain links within the My Social Events Website may take you into non- My Social Events Group web sites for which My Social Events takes no responsibility.
- The My Social Events Website attempts to provide accurate and authoritative information in regard to the subject matter covered, however the My Social Events staff and third party content providers do not undertake any obligation to update any of the information contained on these pages, or make any representations or warranties regarding the accuracy of any information or content contained on these pages.
- The information on the My Social Events Website is provided solely for educational and informational purposes and should not be relied upon for any reason without first independently verifying the data. The My Social Events Website does not include all information necessary to evaluate any actual or proposed transaction or policy.
- This is a comprehensive limitation of liability and under no circumstances shall My Social Events or any party involved in creating, producing, distributing, or providing content for the Website be liable in law or equity for any direct, indirect, incidental, exemplary, punitive or special damages, losses, costs, expenses or consequential damages that result from the use of or inability to use the Website, including but not limited to, damages due to:loss of data, income or profit; loss of or damage to property; claims of third parties; or reliance by a user on information obtained from the Website.
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Dispute Resolution and Choice of Law.
This Agreement shall be governed by the procedural and substantive laws of the State of Nevada, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of any mediation or arbitration shall be in Las Vegas, Nevada. The prevailing party in any arbitration shall be entitled to reasonable attorneys' fees and expenses.
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Equitable Relief.
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company's rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
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Merger.
This Agreement shall not be terminated by the merger or consolidation of Company into or with any other entity.
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Assignment/Modification.
Neither party shall assign their rights or delegate their duties hereunder without written consent of the other party. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
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Headings.
Paragraph headings, as used in this Agreement, are for convenience only and are not a part hereof, and shall not be used to interpret any provision of this Agreement.
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Severability.
Should any term of this User Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
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No Waiver.
- My Social Events' failure to enforce its rights hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights.
- Events liable or responsible for the debts or obligations (including without limitation interest, taxes or other liabilities) of User.
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Privacy.
- We are committed to protecting Your privacy. Information is not automatically collected about You by the My Social Events Website, but for those users who request it; our list event services and gallery listing require collection of certain information. We use the information We collect about You to maximize the services that We provide to You. By listing events or sending us photos via e-mail or social media, You consent to the collection and use of this information by Us.
- The information We may collect from You may include Your name; business phone number; photo and e-mail address.
- My Social Events does not sell, trade, or rent Your personal information to others.
- My Social Events may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to others, but these statistics will include no personally identifying information. My Social Events may release information when We believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of our user agreement or (iii) protect the rights, property or safety of My Social Events, our users, or others.
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Notices.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given. Notices to Company shall be sent to: My Social Events, Inc. 452 E. Silverado Ranch Blvd. #269 Las Vegas, NV 89183 Any party hereto may change its address for purposes of this Paragraph by written notice given in the manner provided herein.
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Counterparts.
This Agreement may be executed shall be as valid and enforceable under the Uniform Electronic Transactions Act as well as US ESign Act of 2000 as the original signature.
My Social Events, Inc.
452 E. Silverado Ranch Blvd.
#269
Las Vegas, NV 89183 -
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND /OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEBSITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS .