TERMS OF USE (Date of Last Revision: September 2, 2022)
The website eventvesta.com (the “Site”) and the related mobile application (collectively, with the Site, the “Application”) are owned and operated by Event Vesta, Inc. (“Event Vesta,” “we,” or “us”). We provide certain services through the Site and the Application, including services that allow a user to register an account; create, post, share, and promote events; send, share, receive, and respond to event invitations; create and circulate interest surveys; provide feedback regarding events; direct message attendees; and view statistics and analytics regarding events including check-ins and attendance (collectively, the “Services”).
Please read carefully through all sections of these Terms and Conditions of Use Agreement (“Terms of Use”); if you are under the age of eighteen (18), please read these Terms of Use with a parent or other guardian. These Terms of Use constitute a binding agreement between you and Event Vesta. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site and the Application are subject to these Terms of Use and all applicable laws, and Event Vesta reserves the right to terminate your access to the Site and/or the Application if you violate these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site or the Application. These Terms of Use may be changed by us from time to time without notice to you, and the governing version will be posted on the Site and on the Application. Please review the posted terms on a regular basis as your use of the Site and the Application will be governed by the then-current Terms of Use and Privacy Policy (defined below).
License Grant In exchange for your agreement to these terms and other good and valuable consideration, Event Vesta hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access and use the Application solely to use the Application to obtain the Services. All rights not expressly granted to you are reserved by Event Vesta and its licensors. RESIDENTS OF THE EUROPEAN ECONOMIC AREA SHALL NOT USE THE SITE, THE APPLICATION, OR THE SERVICES.
Certain features and functionalities of the Application may only be available for a fee (the “Usage Fee”), wherein a description of the Usage Fee for certain features and functionalities is listed at info.eventvesta.com. You may select the Usage Fee for the desired features or functionalities and whether you would prefer to pay the Usage Fee on a monthly or yearly basis. Once you subscribe to a service level requiring a Usage Fee, the payment will be automatically charged to the provided payment method on the selected interval for the agreed to term until you provide notice to Event Vesta of your intent terminate the use of the Application. There will be no refunds for any previously paid Usage Fees. The Usage Fee may change at any time in our sole discretion; however, you will be provided of any changes to the Usage Fee by email within thirty (30) days of the effective date of the fee increase
User Registration You will be required to register an account in order to access certain features of the Site or the Application. You will choose or be assigned a user name and a password through our registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Event Vesta cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering for an account on the Site or the Application, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering on the Site or the Application, populating your user profile, or using the Site or the Application. When registering, you must provide your name and your email address. After you register, you may populate your user profile and choose to provide one or more items of personal information. By registering an account with the Site or the Application, you consent to receive periodic communication from Event Vesta and its affiliates, employees, agents, representatives and any third-party service provider of Event Vesta regarding your inquiry and/or obtaining the Services.
Proprietary Rights
You may not use the contents of the Site or the Application in any manner or for any purpose that would constitute infringement of Event Vesta’s, its licensors’, or the Site’s or Application’s other user’s intellectual property rights. Event Vesta may provide information, software, photos, video, text, graphics, or other material (collectively, the “Content”) on the Site and the Application, and grants you a limited license to make a copy and use the Content solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display the Content for any other purpose or in any other public forum without the written consent of Event Vesta or the respective owner, including public forums such as other websites, web services, or print publications. Event Vesta or its licensors own all trademarks and service marks appearing on the Site and the Application. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Use of Personal Data You acknowledge and agree to Event Vesta’s collection and use of your Personal Information as described in the “Privacy Policy.”
Your Communications to the Site Except to the extent your content or communications to Event Vesta include Personal Information (as defined in the Privacy Policy), by forwarding any content or communications to Event Vesta through the Site, the Application, or by other electronic means, you thereby grant Event Vesta a perpetual, royalty- free, world-wide, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to Event Vesta’s or its sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.
Prohibited Activities
The following activities are expressly prohibited from the Site and the Application:
Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements. • Submitting or posting any false, misleading, or fraudulent statements or content. Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site and the Application. Collecting personal information of other users of the Site or the Application without that user’s written consent. Engaging in activity that compromises the Site or the Application. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware. Engaging in any activity designed to impede the use of the Site or the Application by other users, including overloading and flooding. Framing or deep linking into the Site or the Application. Accessing the Site by means of automated process, spiders, bots, or similar device.
User Contributions The Site and the Application may contain personal profiles, event pages, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, a “post”) text, pictures, and other content or materials (collectively, the “User Contributions”) on or through the Site or the Application.
All User Contributions must comply with the Content Standards (as defined below) set out in these Terms of Use.
Any User Contribution you post to the Site or the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or the Application, you hereby grant Event Vesta and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Event Vesta, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site or the Application.
Content Standards These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing and without Event Vesta’s written permission, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, discriminatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal right, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Applicable Laws The Site and the Application is operated from the United States. When using the Site or the Application, on the Site or the Application, or when using any content provided by Event Vesta in the United States, you must obey all applicable U.S.-based federal, state and local laws. Any foreign use of the Site or the Application by you must comply with any and all applicable foreign laws, rules, or regulations.
Minimum Age
The Site and Application are offered and available to users who are thirteen (13) years of age or older. We do not allow persons under the age of thirteen (13) to use the Site or the Application. If you are under the age of eighteen (18), you may not access or use the Site or the Application without the consent of a parent or other guardian. By using the Site or the Application, you represent and warrant that you are either (i) eighteen (18) years of age or older, or (ii) thirteen (13) years of age or older and have the permission of a parent or other guardian to access and use the Site and/or the Application.
Disclaimer of Warranties TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE OR THE APPLICATION, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE, THE APPLICATION, AND ANY REFERENCED THIRD- PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, EVENT VESTA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, EVENT VESTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE APPLICATION, THE CONTENT, OR OTHER POSTED MATERIAL ON THE SITE OR THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE AND THE APPLICATION, EVENT VESTA DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. EVENT VESTA IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AND/OR THE APPLICATION AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
Limitation of Liability THE LIABILITY OF EVENT VESTA AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE APPLICATION, THE CONTENT, OR THE SERVICES OBTAINED THROUGH THE SITE OR THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY U.S. DOLLARS ($50).
IN NO EVENT WILL EVENT VESTA BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE OR THE APPLICATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF EVENT VESTA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification You agree to indemnify, defend, and hold harmless Event Vesta and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site or the Application. Such acts may include but are not limited to: (i) your User Contributions; (ii) providing content to or communicating with Event Vesta or its affiliates; (iii) unauthorized use of material obtained through the Site or the Application; (iv) engaging in a prohibited activity; or (v) any other action that breaches these Terms of Use.
Third-Party Links The Site and the Application may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Event Vesta exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. Event Vesta expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Copyright Complaints Event Vesta respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Event Vesta’s copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; description of the copyrighted work that you claim has been infringed; the location on the Site or the application of the material that you claim is infringing; your address, telephone number, and e-mail address; a statement that your claim of infringement is based on a good faith belief; and a statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Event Vesta’s agent for notice of claims of copyright infringement on the Site or the Application can be reached as follows:
Event Vesta, Inc.
Attn: Copyright Agent
808 ConAgra Drive, Suite 401
Omaha, NE 68102
copyright@eventvesta.com
Miscellaneous Provisions
Assignment. Event Vesta may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Site or the Application.
Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
Website and Application Availability. EVENT VESTA CANNOT GUARANTEE THE SITE OR THE APPLICATION WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET AND MOBILE COMMUNICATIONS, OCCASIONALLY EXPERIENCE DISRUPTIONS OR LOCATIONS WITH WEAK SIGNALS OR NO SERVICE. ALTHOUGH EVENT VESTA STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE AND APPLICATION REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE AND THE APPLICATION ARE UNAVOIDABLE AND EVENT VESTA DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
Typographical Errors. Information on the Site and the Application may contain technical inaccuracies or typographical errors. We attempt to make the Site’s and the Application’s postings as accurate as possible, but Event Vesta does not warrant the content of the Site or the Application is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Delaware, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Omaha, Nebraska.
Questions If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@eventvesta.com.