EVENTIQUE
TERMS OF USE AGREEMENT
Read this Terms of Use Agreement Before Accessing the Eventique Website.
Effective Date: This Terms of Use Agreement was last updated on March 1, 2010
Welcome to Eventique, an elite boutique event consulting firm for businesses and individuals. This Terms of Use Agreement sets forth the standards of use of the EVENTIQUE, LLC (Awe@ or Aour@ or AEVENTIQUE@ or AEVENTIQUE.com@). By accessing or using our website Eventique.com, or any other website owned or operated by EVENTIQUE, LLC, (the ASite@), you, (the AUser@) signify that you have read, understand and agree to be bound by these Terms of Use (ATerms of Use@ or AAgreement@). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TERMS OF USE, PLEASE DO NOT CONTINUE TO USE THE SERVICE OR SITE. PLEASE READ THIS TERMS OF USE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Eligibility. This Site is intended solely for Users who are eighteen (18) years of age or older. By using the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Terms of Use. You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of this Site by any third party.
2. Proprietary Rights in Site Content; Limited License. All content on the Web site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content“), are the proprietary property of the EVENTIQUE, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, including all portions of the Anticybersquatting Consumer Protection Act, contained within the Lanham Act, and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
3. Intellectual Property. All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. Any misuse or misappropriation of intellectual property of the Company shall be prosecuted to the fullest extent of the law.
4. Modifications and Interruption to Service. EVENTIQUE reserves the right to modify or discontinue the Service with our without notice to the Member. In the event that EVENTIQUE exercises its right to modify or discontinue the Services, EVENTIQUE shall not be liable to any Member or to any third party. Member expressly acknowledges and accepts that EVENTIQUE does not guarantee continuous, uninterrupted, or secure access to our website. The operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Copyright Complaints. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Gena Zaiderman, Esq.
The Zaiderman Law Group, P.C.
7 East 35th Street, Suite 1F
New York, N.Y. 10016
Tel/fax: (212) 679-9696
To meet the notice requirements under the Digital Millennium Copyright Act, (DMCA), the notification must be a written communications that includes the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party 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; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Third Party Sites and Content. Our website may include links to other web sites (AThird Party Sites@) as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (AThird Party Content@). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through this Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the Site. You hereby acknowledge that we are not responsible for the availability of or the content located on or through any Third Party Site.
7. Privacy. We care about the privacy of our Members. Click here to view the Site=s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States and agree to the terms of our Privacy Policy.
8. Disclaimers. The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline. THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
9. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY’S SERVICES BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Governing Law; Venue and Jurisdiction. By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims you may have against us, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, specifically, you hereby irrevocably submit and consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, exclusive venue and jurisdiction of (i) the Courts of the State of New York; and (ii) the United States District Court for the Southern District of New York, for purposes of any suit, action or proceeding (including appeals to their respective appellate courts) arising out of this Terms of Use or any transaction contemplated thereby.
11. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney=s fees, arising out of or in connection with your use of the Company’s services or the Site, your conduct in connection with the services or the Site, or any violation of this Terms of Use, or of any law or the rights of any third party.
12. Other. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
© 2010 Eventique, LLC · All Rights Reserved
EVENTIQUE
WEBSITE PRIVACY STATEMENT
Eventique, LLC (Awe@ or AEventique@ or AEventique.com@) has created this Privacy Policy in order to demonstrate our firm commitment to helping our users better understand what information we collect about them, if any, and what may happen to that information. By accessing Eventique.com, you acknowledge that you have read, understand, and consent to the content of this Website Privacy Statement (the APrivacy Policy@).
OVERVIEW. As part of the normal operation of our services we may collect and, in some cases, may disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. By accepting this Privacy Policy and our Terms and Conditions, you expressly consent to our use and disclosure of your personal information in the manner prescribed herein. This Privacy Policy is incorporated into and subject to the Eventique Terms of Use Agreement.
A SPECIAL NOTE ABOUT CHILDREN. Children are not eligible to use our services and we ask that minors (under the age of 18) do not contact us.
INFORMATION WE COLLECT AND OUR USE OF YOUR INFORMATION. EVENTIQUE may collect certain information from and about its users in three ways: (1) directly from our Web Server Logs; (2) the User; (3) with Cookies; and (4) Web beacons or AGIF@ Files. Our primary goal in collecting personal information is to provide you with an efficient and customized experience, allowing us to provide the services and features that most likely meet your needs and to customize our service to make your experience easier and more effective.
When you visit our Website, we may track information to administer the Site and analyze its usage. Examples of the information we may track include: (a) your Internet protocol address; (b) the kind of browser or computer you use; (c) the number of links you click on within the Site; (d) the state or country from which you accessed the Site; (e) the date and time of your visit; (f) the name of your Internet service provider; (g) the Web page you linked to our Site from; and (h) the pages you viewed on our Site.
Eventique may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a Web Server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
Eventique reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value. You have the ability to either accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you reject cookies by changing your browser settings, please be aware that this may disable some of the functionality on our Site.
USE OF WEB BEACONS OR AGIF@ FILES. Eventique may use a third party advertising company to serve ads on our behalf across the Internet. The third party may also collect anonymous information about your visits to our Website. This is primarily accomplished through the use of a technology device, commonly referred to as a AWeb beacon@ or an Aaction tag@ or a Asingle-pixel gif@. These devices allow Eventique to count users who have visited those marked pages and to deliver co-branded services.
Some of these Web beacons may be place by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may also be used by third party service providers to place a persistent cookie on you computer. This allows the service provider to recognize your computer each time you visit certain pages or emails, and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertising and emails bring you to our website and how you use the site. EVENTIQUE prohibits Web beacons from being used to collect or access your personal information.
FINANCIAL INFORMATION. Under some circumstances we may require some additional information, such as, but not limited to, credit card details (including your name, address, and other information), email, telephone number of facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. We use your financial information to check your qualifications, to bill you for services and/or products, to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By engaging our services you consent to our providing your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include, without limitation, the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing or services you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.
ADVERTISERS. We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. In these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number and bank account number, are never disclosed to marketing advertisers without your permission. We may use third-party advertising companies to serve ads on our behalf. These companies may employ Acookies@ and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via Acookies@ and action tags is anonymous.
THIRD PARTY ADVERTISING. The ads which may appear from time to time on this website are delivered to you by our web advertising partner. Information about your visits to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you. For more information about third party advertising, cookies, and how to “opt-out”, please email us at [add email].
LEGAL REQUESTS. Eventique, LLC cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and you authorize us to, disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
CHANGES TO THIS PRIVACY POLICY. We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices, which may also change from time to time. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, PLEASE DO NOT REGISTER FOR THE SERVICE. THE PRIVACY POLICY IS SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS PRIVACY POLICY ON OUR WEBSITE.
© 2010 Eventique, LLC · All Rights Reserved