3. Use of Site.
Users may only use the Sites for legitimate purposes and shall not use the Sites to make any speculation, false or fraudulent representations, including but not limited to speculative, false or fraudulent reservations or reservations in anticipations of demand. Users may not use any "robot", spider" or other automatic devices on a program, algorithm on methodology having similar processus or functionality, or to monitor or copy any web pages, date or content found on the Sites, in any case without the prior written consent of myevent.
4. Rules and Conduct.
In consideration of the availability, and their use of the myevent services (the "Services"), each User agrees, while visiting the Sites, not to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sites or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Sites, the Services or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Sites or the Services, or any derivative work thereof, which is protected by copyright, or any other proprietary or intellectual property right, without obtaining permission of the copyright owner or right holder; (f) impersonate of falsely represent the association of a User with any person, including a myevent representative or forum moderator; and (g) use, reproduce, sell, resell or otherwise exploit the Sites or any of the Services for any commercial purposes. If a third party requests that myevent remove content from the Sites that in any way represents or refer to that third party, myevent reserves the right to remove the content of that individual or group without any liability whatsoever.
5. Registration, Accounts and Passwords.
The Services and related features, such as personalization, slideshow, web hosting, e-mail services, city guides, maps, poll, quiz, guest book, airline & hotel reservation system and weather services made available may require registration. Should a User choose to register for such Services or related features, she/he agrees to provide accurate and current information about her/him as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. If at any time the User requests that myevent pays out the funds owed to it by direct deposit, it shall provide myevent with accurate information pertaining to its account number and routing number. Users agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers chosen by Users or are assigned as a result of any registration, and (b) all activities that occur under such password or account. Further, Users agree to notify myevent of any unauthorized use of their password or account. In addition and notwithstanding the foregoing, should a party other than the User register as the contact person in charge of collecting the money in the context of an event (the "Treasurer") using the User's password or account information, the User and the Treasurer each understand and agree that myevent will presume that the Treasurer is an authorized agent of the User and that it shall remit the money collected directly to such Treasurer and in no event shall myevent be requested to provide the collected funds for such Services to any other party other than the Treasurer unless the User has instructed myevent in writing to do so prior to myevent having already remitted the collected funds to the Treasurer, in which case myevent shall remit the funds directly to the User. MYEVENT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, USERS' FAILURE TO COMPLY WITH THIS SECTION 5 OR IN CONNECTION WITH MYEVENT. HAVING REMITTED THE COLLECTED FUNDS TO THE TREASURER OR THE USER IN ACCORDANCE WITH THIS SECTION 5.
6. Pay Services.
Certain of the Services made available over the myevent Site may be offered by myevent on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by myevent on a "prepaid" or on a "pay as you use" basis. Should a User choose to have access to a Pay Services, she/he will be required to register as described in Section 5 above, and such User will be assigned an account for such Pay Service (the "Pay Service Account"). Each User agrees to pay all the fees applicable to such Pay Service, including any fees associated with the use of such Pay Service and any myevent payment service fees listed on the pricing page together with all applicable taxes (collectively, the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service will be billed immediately to the credit card designated by such User and are non-refundable. myevent reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages of the myevent Site related to the use of the Pay Services. In connection with the foregoing, each User warrants that: (a) she/he is of the age of majority in the jurisdiction in which she/he reside, (b) all information she/he submits is true and correct (including without limitation all credit card information), and (c) she/he is the cardholder of the credit card designated by the User for the Pay Service Account. In the event that a certain amount collected by myevent on behalf of the User through the myevent payment service is charged back, the User hereby authorizes myevent to deduct from the funds which have been collected on behalf on the User the amount of the relevant charge back amount + a charge back fee of $20, and, if this is not possible (because the amount of the charge back is greater than the amount of the funds collected on behalf of the User), the User undertakes to repay such payback amount to myevent within five (5) days of myevent's request to do so. In the event that an individual which has purchased a ticket through the myevent's Site wishes to cancel its transaction and be refunded with the payment made, myevent shall only have to make such refund if the funds pertaining to the transaction of this individual have not already been paid out from the account of the User. If the funds pertaining to the transaction of this individual are still in the account of the User, a refund can be issued to the individual, although the amount of the Fees will first be deducted from the amount of the refund. If you will be accepting payment for "Ticket Sales" of more than $10,000 we may require a hold on payouts of 50% until after your event. If you absolutely need the funds from "Ticket Sales" prior to the event you may need to answer more questions to satisfy our risk department. Please keep in mind that if you are accepting donations, selling tickets, using the online auction, sponsor's page or using any of the MyEvent Pay Services there is a 2 week hold on transactions before payouts. The silent auction can only be used by registered charities and those approved by our risk department. We reserve the right to hold back payout until the person who purchased the items has received the auction items. Myevent must charge applicable taxes to Canadians on all fees associated with accepting payments. These fees come out of the gross amount collected.
6A. Auction, Raffle
It is the responsibility of the client to make sure that they are legally entitled to conduct an auction or raffle. Myevent only provides the software for these services and it is the responsibility of the client to ensure that they have the right to offer these services.
6B. Tax Receipts
Only registered non profits can issue tax receipts through MyEvent.com. It is the responsibility of the client to ensure that they have the right to issue tax receipts to donors or ticket buyers.
8. Dealing with Third Parties.
At certain places on the Sites, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of myevent. myevent does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by myevent. The sites links from the Sites are not under myevent's control, and myevent does not assume any responsibility or liability for any communications or materials available at such linked sites. myevent does not intend links on the Sites to be endorsements of the linked entities, and are provided for convenience only. Users acknowledge and agree that their correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Sites or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between Users and such third parties. MYEVENT ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES THAT USERS INCUR WHEN MAKING PURCHASES OR OTHER TRANSACTION IN THIS MANNER. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the User's alone. USERS AGREE THAT MYEVENT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, ANY OF SUCH DEALINGS OR TRANSACTIONS.
9. Exclusion of Warranty.
THE SITES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY MYEVENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MYEVENT IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITES, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITES, OR CONTENT ON THE SITES, MYEVENT DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITES AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. FURTHERMORE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT MYEVENT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITES OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS.
10. Limitation of Liability.
Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities which occur under their account. Users agree to indemnify, defend and hold harmless myevent, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from their use of the Services, the violation by Users of the Terms of Service or the infringement by Users of any intellectual property or other right of any person or entity. Users agree to immediately notify myevent of any unauthorized use of their account or any other breach of security known to them. myevent reserves the right to use any Customer's site as a Demo site. The Customer can request to be removed as a demo by contacting myevent.
12. No License; Intellectual Property of myevent and Others.
13. Trademarks & Copyright.
myevent is a trademark of myevent. All other product, brand and company names and logos used on the Sites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Sites without the prior written consent of myevent or the owner of the mark, as appropriate, is strictly prohibited. All information and content contained on, or made available over, the Sites are: Copyright Â© 2003 myevent and/or suppliers and users. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
The relationship between myevent and the Users will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Users may not assign, convey, subcontract or delegate their rights, duties or obligations hereunder.
myevent may at any time modify these terms and conditions and Users' continued use of the Sites will be conditioned upon the terms and conditions in force at the time of use by Users.
18. Additional Terms.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of the Sites, and Users agree to abide by such other terms and conditions.
19. Entire Agreement.
20. Governing Laws.
This Term of Use and its performance shall be governed by the laws in force in the Province of Quebec, Canada. Users consent and submit to the exclusive jurisdiction of the Courts of the Province of Quebec, district of Montreal, in all questions and controversies arising out of their use of the Sites and this Term of Use.