Gravitational Solutions Inc. (“Eventvibe” or “we”) operates Eventvibe.com, which is an online social networking service that allows its Members to create unique personal profiles on the internet and communicate with other Members and friends. The services offered by Eventvibe include any Eventvibe-branded URL (the "Eventvibe Website"), promotional communications, online advertising and e-mail marketing, event ticketing, access to guest-lists, music and video embedded players, and any other features, content, or applications offered from time to time by Eventvibe as part of Eventvibe’s business (collectively, the "Eventvibe Services"). The Eventvibe Services are hosted in the United States in San Diego, California.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Eventvibe Services. By using the Eventvibe Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Eventvibe Website, including through a mobile device, or otherwise use the Eventvibe Services without being registered) or you are a "Member" (which means that you have registered with Eventvibe and have been approved). The term "User" refers to a User or a Member. You are only authorized to use Eventvibe Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Eventvibe Website and discontinue use of the Eventvibe Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Eventvibe Services, you must read this Agreement and indicate your acceptance to complete the Member registration process.
This Agreement includes Eventvibe's policy for acceptable use of the Eventvibe Services and Content (as defined in Section 6.1 below) posted on or through the Eventvibe Services website and your rights, obligations and restrictions regarding your use of Eventvibe Services and Content posted on or through Eventvibe Services. As a Member, in order to receive certain Eventvibe Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Eventvibe. Unless otherwise provided by the additional terms and conditions applicable to the specific Eventvibe Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@eventvibe.com, Subject: Terms of Use Agreement.
Privacy We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers' needs.
Please choose carefully the information you post on or through the Eventvibe Services and that you provide to other Users. Your Eventvibe profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Eventvibe Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Eventvibe assumes no responsibility or liability for this material. If you become aware of misuse of the Eventvibe Services by any person, please click on the "Contact Eventvibe” or the “Report Abuse” link at the bottom of the Eventvibe Website pages.
1. Eligibility. Use of the Eventvibe Services and registration to be a Member for the Eventvibe Services (“Membership”) is void where prohibited. By using the Eventvibe Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Eventvibe Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use Eventvibe Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Eventvibe may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Eventvibe reserves the right to charge for any portion of the Eventvibe Services and to change its fees (if any) from time to time in its discretion. If Eventvibe terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Eventvibe immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your Membership account.
5. Use by Members. The Eventvibe Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Eventvibe. Eventvibe reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of Eventvibe Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Eventvibe Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Eventvibe reserves the right to take appropriate legal action for any illegal or unauthorized use of any Eventvibe Services.
6. Proprietary Rights in Content on Eventvibe.
6.1 Eventvibe does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Eventvibe Services. After posting your Content to the Eventvibe Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Eventvibe Services, you hereby grant to Eventvibe a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Eventvibe Services, including without limitation distributing part or all of the Eventvibe Website in any media formats and through any media channels, except or Content you identify as “private” will not be distributed outside the Eventvibe Website. This limited license does not grant Eventvibe the right to sell or otherwise distribute your Content outside of the Eventvibe Services. After you remove your Content from the Eventvibe Website we will cease distribution as soon as practicable, and when distribution ceases, the license will terminate. If after we have distributed your Content outside the Eventvibe Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Eventvibe Website as soon as practicable after you make the change.
6.2 The license you grant to Eventvibe is non-exclusive (meaning you are free to license your Content to anyone else in addition to Eventvibe), fully-paid and royalty-free (meaning that Eventvibe is not required to pay you for the use on the Eventvibe Services of the Content that you post), sublicensable (so that Eventvibe is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide Eventvibe Services), and worldwide (because the Internet and Eventvibe Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Eventvibe Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Eventvibe Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through Eventvibe Services.
6.4 The Eventvibe Services contain Content of Eventvibe ("Eventvibe Content"). Eventvibe Content is protected by copyright, trademark, patent, trade secret and other laws, and Eventvibe owns and retains all rights for Eventvibe Content and Eventvibe Services. Eventvibe hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Eventvibe Content (excluding any software code) solely for your personal use in connection with viewing the Eventvibe Website and using the Eventvibe Services as an approved Member.
6.5 The Eventvibe Services contain Content of Users and other Eventvibe licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Eventvibe Services.
6.6 Eventvibe performs technical functions necessary to offer the Eventvibe Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout Eventvibe Services.
7. Content Posted.
7.1 Eventvibe may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Eventvibe violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Eventvibe assumes no responsibility for monitoring the Eventvibe Services for inappropriate content or conduct. If at any time Eventvibe chooses, in its sole discretion, to monitor a Member using Eventvibe Services, Eventvibe nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member or User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of Eventvibe Services, and any material or information that you transmit to other Members and for your interactions with other Members and Users.
8. Content/Activity Prohibited. The following are examples of Content that is illegal or prohibited to post on or through the Eventvibe Services. Eventvibe reserves the right to investigate and take appropriate legal action against anyone who, in Eventvibe's sole discretion, violates this provision, including without limitation, removing the offending Content from the Eventvibe Services and terminating the Membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Eventvibe:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information you know to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," "spamming.” “phishing” etc.
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Members and/or Users;
8.13 involves commercial activities and/or sales without prior written consent from Eventvibe such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph, image or video of another person that you have posted without that person's consent;
8.15 for artist, promoter and venue Members, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile or the individual; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of activity that is illegal or prohibited on the Eventvibe Website and through your use of Eventvibe Services as a Member or User. Eventvibe reserves the right to investigate and take appropriate legal action against anyone who, in Eventvibe's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Eventvibe Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Eventvibe reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Eventvibe deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Eventvibe Services, you acknowledge that you will have caused substantial harm to Eventvibe, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Eventvibe $50 for each such unsolicited email or other unauthorized commercial communication you send through the Eventvibe Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Eventvibe Services; 8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 8.21 covering or obscuring the banner advertisements on your personal profile page, or any Eventvibe page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Eventvibe Services or the networks or services connected to the Eventvibe Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for artist/DJ Membership profiles containing a Eventvibe player, copying the code for your Eventvibe Player and embedding it (or directing others to embed it) anywhere other than your artist/DJ profile on Eventvibe;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile or Membership information;
8.28 using any information obtained from Eventvibe Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Eventvibe Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, directing members to a profile with a commercial purpose, or sending private messages with a commercial purpose; or
8.30 using the Eventvibe Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. Eventvibe respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Eventvibe has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through Eventvibe Services in a way that constitutes copyright infringement, please send Eventvibe's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Eventvibe Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a unauthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Eventvibe's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Gravitational Solutions, Inc., San Diego CA, attention Copyright Agent. Eventvibe's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. Eventvibe provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Eventvibe Members and Users. Eventvibe reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Eventvibe Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Eventvibe is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Eventvibe Services, whether caused by Users of the Eventvibe Services or by any of the equipment or programming associated with or utilized in the Eventvibe Services and such User Content does not necessarily reflect the opinions or policies of Eventvibe. Profiles and third party applications created and posted by Members on the Eventvibe Website may contain links to other websites. Eventvibe is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Eventvibe. Inclusion of any linked website on Eventvibe Services does not imply approval or endorsement of the linked website by Eventvibe. When you access these third party sites, you do so at your own risk. Eventvibe takes no responsibility for third party advertisements or third party applications that are posted on or through the Eventvibe Services, nor does it take any responsibility for the goods or services provided by its advertisers including tickets for events. Eventvibe is not responsible for the conduct, whether online or offline, of any User of the Eventvibe Services. Eventvibe 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, any User or Member communication. Eventvibe 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Eventvibe Services or combination thereof, including any injury or damage to Members, Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Eventvibe Services. Under no circumstances shall Eventvibe be responsible for any loss or damage, including personal injury or death, resulting from use of the Eventvibe Services, attendance at a Eventvibe event, from any User Content posted on or through the Eventvibe Services, or from the conduct of any Users of the Eventvibe Services, whether online or offline. The Eventvibe Services are provided "AS-IS" and as available and Eventvibe expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Eventvibe cannot guarantee and does not promise any specific results from use of the Eventvibe Services.
13. Limitation on Liability. IN NO EVENT SHALL EVENTVIBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF EVENTVIBE SERVICES, EVEN IF EVENTVIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVENTVIBE'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 EVENTVIBE FOR EVENTVIBE SERVICES PROVIDED TO YOU DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with Eventvibe Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Eventvibe Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of (where incorporated?), without regard to its conflict of law provisions. You and Eventvibe agree to submit to the exclusive jurisdiction of the courts located within the State of ( CA ) to resolve any dispute arising out of the Agreement or the Eventvibe Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Eventvibe, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Eventvibe Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Eventvibe Services causes Eventvibe to be liable to another.
17. Other. This Agreement is accepted upon your use of the Eventvibe Website or any of Eventvibe Services as a User and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Eventvibe regarding use of Eventvibe Services. The failure of Eventvibe to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Eventvibe and the circle e logo are registered trademarks of Eventvibe, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@eventvibe.com Contact Eventvibe with any questions regarding this Agreement.
Acquisition or Changes in Ownership
In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.
Policy Modifications
Eventvibe may modify this Agreement from time to time and such modification shall be effective once posted Eventvibe on the Eventvibe Website. Your continued use of the Eventvibe Services after Eventvibe posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes and check the Eventvibe website for updates to the Agreement.
When you provide Eventvibe.com an email address you are, “Opting In” as defined in the anti-spam laws in your jurisdiction, giving us permission to contact you by email, and agreeing in advance not to mark our emails as spam. Eventvibe.com will verify the Email for Double Opt-in, but it is not essential to receive emails from Eventvibe.com. It is fundamental to the concept of control that a consumer maintains the ability to stop participating and receiving messages from Eventvibe.com when desired. To facilitate this capability, the following general rules govern Eventvibe.com opt-out: A user is provided "Opt Out" instructions in every email on a regular bases. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
