TERMS OF SERVICE
Effective Date: January 11th 2022
The following (together with the documents referred to herein) are the terms and conditions on which we will supply you with products (Products) and/or services (Services). Please read these documents carefully before ordering any Products or Services from us. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you should not order any Products or Services.
1. Information About Evvnt
1.1 Evvnt Inc. registered in Delaware with registered address as 1680 Michigan Ave, Suite 700 #353 Miami Beach, FL 33139
1.2 Evvnt Limited (the Company/ we), which is registered in England and Wales under company number 8062041 and with our registered office at 3a Lower James St, Soho, London W1F 9EQ, United Kingdom.
1.3 Evvnt Inc. registered in Delaware with registered address as 1680 Michigan Ave, Suite 700 #353 Miami Beach, FL 33139
1.4 Our website is at www.evvnt.com.
2. Eligibility – Your Status
By placing an order with us, you warrant that:
2.1 Age Requirement; Reservation of Rights: You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. Evvnt may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
2.2 Compliance with Laws: You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
2.3 Information: You will provide us with the information we need to supply the Products and/or Services and ensure that such information is accurate in all material respects; and
2.4 Authority: If you are registering with Evvnt on behalf of an entity, or on behalf of a third party (e.g., if you are a manager or an agent) you represent and warrant that you have full authority to bind that entity to these Terms of Service.
3. Registration: How an order is placed and a contract is formed between us.
3.1 Self service: your Evvnt package online via evvnt.com, payment and package details will be confirmed at checkout, By purchasing online are agreeing to the Terms and Conditions as detailed on the evvnt.com site.
3.1.1 Direct Sales: You will have an initial consultation with us by telephone or in person in which we will discuss with you your goals and what Products and/or Services you would like to buy to help to achieve those goals. Alternatively you have the option to
3.2. Self Service: By creating an account serves as the contract between us (Contract) to supply products (Products) and/or services (Services). In order to use the Services, you must register with Evvnt (thereby becoming a “Registered User” and creating an “Account”). You must provide accurate and complete information and keep your account information updated.
3.2.2 Direct Sales: We will then send you a confirmation email setting out the details of the order you would like to place with us and incorporating these Terms of Sale (Confirmation). The contract between us (Contract) will only be formed when you accept the Confirmation and the Terms of Sale by replying ‘I AGREE’. Alternatively. Part of the initial consultation process is to inform us of any specific preferences you might have. We will not supply customers with Products or Services if we believe that the event is not suited to our Services or Products or that they will be ineffective. Part of the initial consultation process is to inform us of any specific preferences you might have. We will not supply customers with Products or Services if we believe that the event is not suited to our Services or Products or that they will be ineffective.
3.3 Restrictions: You shall not i. select or use as a username a name of another person with the intent to impersonate that person; ii. use as a username a name subject to any rights of a person other than you without appropriate authorization; or iii. use as a username a name that is otherwise offensive, vulgar or obscene.
3.4 Account Security: You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
3.5 Rebooking: You can reorder or change your order when rebooking online via the packages page. Following your initial order, you may renew orders for Products and/or Services by contacting us (the minimum per order being one event). You may also change your order upon such renewal, for example, to include new events and/or venues. With your initial order and if your account is authorized a Premium+ package will be added to your account allowing you to submit events over and above your package at the agreed cost per event rate. Premium+ does not replace your package but allows you to submit events at your agreed rate until you choose a new package or renew your order.
3.6 No Use without Permission: You may never use another person’s Account or registration information for Evvnt without permission.
4. Processing of Personal Data
5. Price, Payment, Fees & Billing – Payment Methods & Processing
5.1. Payment: for all Products and Services must be by credit or debit card as follows:
5.2 Payment Processors. Evvnt uses Stripe, Inc. (“Stripe”) (each, a “Payment Processor”) for payment processing and direct bank to bank payments.
5.3 For one-off orders for singles or bundles: we will take payment at the point of purchase.
5.4 For subscription services: you can opt for 1 month rolling online to 12 months contract, which will be automatically extended for further periods of one month until you terminate it by giving us at least 30 days advance written notice. We will take payment for the first month of the subscription service after the Contract is signed. Thereafter, we will take payment each month in advance on the day each month falling on the same day as the date the Contract commenced or the next business day where that day is not a business day. Event credits are allocated for the month and replenished each month – unused event credits do not roll over month to month.
5.5 Tax & VAT: Product and Service prices exclude VAT and Tax unless specified.
5.6 Non Payment: If you do not pay us when payment is due, we may suspend the Services until payment of all arrears is made. If money is outstanding from you to us for more than 14 days then we may terminate this agreement without compensation to you.
5.7 Notices: If you find that any Products or Services are unacceptable then you must inform us as soon as possible and give us the opportunity to inspect the service report. If, at our discretion, we find that the Product or Service delivered is not consistent with our usual high standards we will refund the cost of such unsatisfactory Product or Service to you. We will not be responsible for any Product or Service that fails due to factors outside our control.
5.8 Fees Subject to Change: Evvnt reserves the right to change any fee that may be charged by Evvnt at any time, at the sole discretion of Evvnt and upon reasonable notice posted in advance on the Site or otherwise through the Services. No refunds of fees already paid will be given. If Evvnt exercises its right to cancel an Account as provided under these Terms of Service, at any time, we will not refund fees already paid for services rendered.
5.9 Chargebacks & Reversals: If you have elected to use the Evvnt’s payment service, any credit card chargebacks or other transaction reversals initiated against Evvnt or its affiliates for any reason with respect to your event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Evvnt or its affiliates in connection with such chargebacks shall ultimately be the responsibility of you, and you acknowledge and agree to promptly and fully reimburse and indemnify (including payment for costs, expenses and reasonable attorneys’ fees) Evvnt for any such amounts on demand.
5.10 Publisher Payments: Payments due to publishers will be paid directly to publishers via bank transfer.
5.11 Authorized Payments are Final. Your use of the Evvnt services constitutes your agreement to pay for any amounts that you authorize us to charge against your credit card, bank account. Such payments, once authorized, are final.
5.12 Currency. The payment services operate in U.S. Dollars USD, Pound Sterling GBP, Canadian Dollars CAD and Euros EUR.
Questions, comments and requests regarding payment should be addresses: firstname.lastname@example.org.
6. Cancellation Rights – Refund Policy
6.1. You will not have any right to cancel an order once you have entered into the Contract. We will not issue any refunds to you once you have signed the Contract.
7. Availability and Delivery
7.1 Our goal is to deliver our Products and Services on-time i.e. marketing your event in enough time to deliver value. Unfortunately, factors such as third party listing sites, editorial teams and technical complications occasionally prevent us from achieving this. We cannot accept liability for poor performance due to conditions beyond our control.
7.2 We advise that you supply the details of an event to us with a minimum of 2 weeks prior to the event date.
7.3 Use License: Subject to these Terms of Service, Evvnt grants each Registered User of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use the Content solely in connection with that Registered User’s use of the Services under these Terms of Service. Use, reproduction, modification, distribution or storage of any Content for any purpose other than use in the course of using the Services consistent with these Terms of Service is expressly prohibited without prior written permission from Evvnt. You shall not sell, license, rent, or otherwise use or exploit any Content that you do not own for commercial use or in any way that violates any third party right.
8.1 If you have purchased a single package your Contract Term defines the length of time you have access to your Evvnt account to submit and access reporting on your events.
8.2 If you have a Contract with us for a subscription service, you may terminate the Contract by giving not less than 30 days notice at the end of your contract either in writing or by using the ‘Cancel Account’ on your package.
8.3 We may terminate the Contract by going to your account settings and clicking ‘Cancel Account’.
8.4. On termination of the Contract, for whatever reason, you will immediately pay us any and all outstanding monies you owe us.
9.1 We warrant to you that any Product and/or Service purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. Our Liability
10.1 Our liability for failing to deliver Products or Services of satisfactory quality or otherwise in breach of this contract is limited to the price of those Products or Services. We are not responsible for any indirect or consequential losses, loss of profit, loss of business opportunity or loss of goodwill.
10.2 This does not include or limit in any way our liability:
10.3 For death or personal injury caused by our negligence;
10.4 Under section 2(3) of the Consumer Protection Act 1987;
10.5 For fraud or fraudulent misrepresentation; or
10.6 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
IN NO EVENT SHALL EVVNT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Events outside of our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
11.2 We will submit your event in the appropriate format and by appropriate means to various targeted event listing sites. However, we do not own or control these sites and we cannot guarantee the event will go live on these sites.
11.3 The third party event listing sites which publish your events will endeavor to rank your event in third party search engines (such as Google). We do not own or control these search engines and we cannot guarantee the event will be seen in natural search.
12. Written Communications
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Intellectual Property
13.1 You acknowledge that all Intellectual Property Rights (i.e. patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill, design rights, rights in computer software, database rights, topography rights, moral rights, rights in confidential information, including know-how and trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) in or arising out of or in connection with the Products and/or Services belong to us.
13.2 You also acknowledge that the use of any third party Intellectual Property Rights in the Products and Services may be conditional on us obtaining a licence from the relevant third party.
14. Notices & Communications
14.1. All notices given by you to us must be given in writing to evvnt.com at email@example.com or to Evvnt Inc, 1680 Michigan Ave, Suite 700 #353 Miami Beach, FL 33139 or Evvnt Limited, 3a Lower James St, Soho, London W1F 9EQ, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 These terms and conditions together with the documents referred to herein represent the entire agreement between us.
15.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3 We have the right to revise and amend these terms and conditions from time to time.
15.4 You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within three working days of receipt by you of such notification).
15.5 Contracts for the purchase of Products or Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Evvnt Inc will be governed by the state of Delaware.
16. Event Report
16.1 Each event submission is sent a report which includes a minimum of 1 publisher,
16.2 Premium event reports range in the number of event listing sites based on the availability of sites based on category and location, in some cases we may restrict sites based on the rate paid for the service.
Please contact Company’s Designated Agent: firstname.lastname@example.org
REF: Terms & Conditions
1680 Michigan Ave
Suite 700 #353
Want more information?
- Terms of Service: https://evvnt.com/terms/
- Data Processing Agreement: https://evvnt.com/data-processing-agreement/
- CCPA: https://evvnt.com/ccpa/
- Infrastructure Sub Processors: https://evvnt.com/infrastructure-sub-processors/
- Security & Compliance Guide: https://evvnt.com/security-and-compliance-guide/
- Data Request Form: https://evvnt.com/data-rights-request-form/
- Or Contact email@example.com
5. Evvnt Ticketing
Last Updated: February 25, 2022
We ask that you carefully review these Terms of Service because they contain important information about your legal rights and your relationship with us. These Terms of Service, the other documents we reference in this document and any Insertion Orders (“IO”) between you and our media partner together comprise Our “Terms”. These Terms constitute the entire agreement between you and Evvnt (“Agreement”) and apply to all of the Services. By accessing or using the Services, or by clicking the “I Accept” button, the Agreement is a binding contract between You and Evvnt.
NOTE: Section 17 of these Terms contains a provision concerning arbitration and a class action waiver. This portion of the Terms may affect your legal rights. Please review Section 17 very carefully.
1. What you need to know
1.1 What do these Terms Cover? These Terms apply to any Site(s) on which they are posted. On Sites where other terms or agreements are posted instead, those terms or agreements apply if they conflict with these Terms. The material, including without limitation, information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Evvnt in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is “Your Content.”
1.2 Who’s involved? When we use the term “Organizer,” we mean individuals or entities who use the Services to create and list events published via the Services. “Consumers” means individuals or entities who use the Services to receive information about or attend Events. “Third Party User” refers to an individual or entity that uses the Services as an agent of Evvnt to provide event listing and ticketing services to Organizers or other third parties (e.g. venues). Organizers, Consumers and Third Party Users using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”
When these Terms use the term “Evvnt,” “We,” “Us,” or “Our,” that refers to Evvnt, Inc. a Delaware corporation, with its principal place of business at 10850 E Traverse Hwy Ste 4400, Traverse City, MI. 49684, and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
1.4 “Terms” and acceptance. These Terms of Service and the other documents we’ve referenced in this document (including in Section 1.3 above) and any Insertion Orders between you and Evvnt together comprise Our Terms. These Terms are a legally binding agreement between you and Evvnt. These Terms control your access to and use of the Services and fully explain your rights and responsibilities related to your use of the Services. When you hit the “I Accept” button, you are agreeing to these Terms. If you do not agree to these Terms, you may not use or access the Services. Individuals who access the Services on behalf of an entity are considered an agent of that entity and agree to these Terms on behalf of that entity and its affiliates. If you access the Services on behalf of an entity, you represent that you have the authority to do so.
2. Evvnt’s Services and role
2.1 What Does Evvnt Do? Our Services provide a fast and easy way for Third Parties to allow Organizers to list, advertise, and sell tickets to Consumers for events in their local markets. Evvnt’s products, features and offerings are available (a) online through our website (“Site”); (b) off platform, for example entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as our “Services”.
2.2 What is Our Role? Evvnt facilitates. We are not an event creator, organizer or owner but we help you connect the dots in the event process. Our Services include tools to help you manage event promotion, ticketing and registration. Because Evvnt is not an event owner or creator, You must ensure that all events are in compliance with all relevant local laws.
3. User Accounts
In order to provide the Services, Evvnt may require you to create an account (“User Account”). The following rules apply to all User Accounts:
a. You must protect your User Account using your username and password. Your User Account security is your sole responsibility and you must keep your login information confidential.
b. You are responsible for any unauthorized access to your User Account and if you discover any such access, you must advise Evvnt as soon as possible.
c. You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services and create a User Account. If you are 13 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
d. You must provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”).
e. You also agree to update Registration Data if it changes.
f. If there is a dispute between two or more persons or entities as to account ownership, We will be the sole arbiter of that dispute and Our decision (which may include termination or suspension of the account) will be final and binding on those parties.
g. We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
h. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
4. Marketing materials and Testimonials
4.1 You agree that Evvnt may identify you as a client in Evvnt’s client lists and other marketing materials and may use, on a royalty-free basis, User Materials that have already been published on the Internet in public case studies and other marketing materials published by Evvnt.
4.2 You agree to provide Evvnt with a testimonial upon the completion of the performance of Services under any applicable IO(s) (“Testimonial”). Evvnt may use Testimonials, on a royalty-free basis, on its website and in other marketing materials.
5. Fees, Payment, and Ticket Refunds
5.1 Evvnt Fees. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. All specific fee terms will be set forth in the IO created for each project.
5.2 Payment Terms. In the event that Evvnt does not collect payment from Organizers directly or that Evvnt provides User with Services not on a commission basis, Evvnt will send Users notifications via email when a User’s current invoice is ready to be viewed. User agrees to pay all invoices when due. Payment will be deemed late if not received on the due date listed in the applicable IO(s). Any late payments will accrue interest equal to twenty percent (20%) compounded monthly.
(a) Breach. User’s failure to make full and timely payment will constitute a material breach of this Agreement. Evvnt will be entitled to recover all reasonable costs of collection, including, but not limited to, attorneys’ fees, expenses, twenty percent (20%) interest compounded yearly on the overdue balance, and costs incurred in attempting to collect payment from User. Evvnt reserves the right to withhold delivery of any Services if payment is not made in full. User understands and agrees that all payments must be made in US Dollars. In the event User pays by credit card, User expressly agrees that it will not charge back any payments made by credit card without the prior written consent of Evvnt. User understands and agrees that it will be responsible for paying any costs or fees incurred by Evvnt as a result of any credit card chargebacks initiated by User.
(b) Organizer Fees. For each Organizer that purchases Services from Evvnt, Evvnt will pay Third Party User a commission in accordance with the commission schedule specified in the applicable IO(s) during the term of the applicable IO(s). Commission will be deemed earned by Third Party User and will be due and payable to Third Party User only after Evvnt has received full payment for any Services from the Organizer. In such event, the commission will be payable by Evvnt to Third Party User within thirty (30) days from the date of receipt by Evvnt of full payment of such associated fees for the Services.
(c) Third Party User Fees. Third Party User agrees to accept the commission in accord with this Section as its entire compensation for services performed under this Agreement or otherwise. Neither Third Party User, nor anyone associated with Third Party User, shall be entitled to receive any payments by way of compensation or expenses of any character or for any reason whatsoever, except for the commission specified in the applicable IO(s). Commission previously paid to Third Party User with respect to which Evvnt grants a refund, credit, or allowance, including bad debts, on the underlying Order will be deducted from commission subsequently payable to Third Party User.
(d) No Tax Withholding. All compensation made under this Agreement and its applicable IO(s) will be paid without deductions or withholding. Evvnt will report as income to the appropriate governmental agencies all compensation received pursuant to this Agreement and its applicable IO(s) and will pay to such agencies all taxes, which Evvnt is required to pay by law. User understands and agrees that Evvnt will not be responsible for paying any taxes required by law to be paid by User. To the extent that taxes are assessed against Evvnt for the actions or omissions of User, User agrees that User will reimburse Evvnt for the payment of those taxes.
(e) Effect of Termination. In the event Third Party User terminates this Agreement or any applicable IO(s) pursuant to Section 9 and Third Party User is not in default of this Agreement, or if the term of any applicable IO(s) is not renewed, Evvnt agrees to pay to Third Party User post-termination commissions on all Orders placed during the two (2) year period following such expiration or termination by Organizers that were solicited by Third Party User during the term of the applicable IO(s). In the event Evvnt terminates this Agreement, Third Party User will not be entitled to any post-termination commissions.
5.3 Ticket Refunds and Transfers. Evvnt can assist with ticket purchase refunds, if refunds are permitted by the Event Organizer. Consumers should contact the Event Organizer to request a refund. If you wish to transfer tickets to an event you have purchased on Evvnt, in some instances we may be able to accommodate this for you. In all other instances, please contact the Organizer of the event to arrange for ticket transfer. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us.
6. Fraud, Ticket Validity Checks and Damages
6.1 If you do receive a ticket refund or transfer to another person, you agree that you will not use any previously delivered ticket for yourself. Use of a ticket, or copy thereof, for which you’ve received a refund or effected a transfer is fraud and is a violation and breach of the Terms. Evvnt will not be held liable under any circumstances for any costs arising from non-compliance by Organizers with ticket validity check procedures or the lack thereof. Evvnt will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from fraud and/or for damage associated with the purchase of a ticket through non-official means, such as third parties.
6.2 Organizers must employ a ticket validity check procedure for all events. Evvnt will not be held liable under any circumstances for any costs arising from non-compliance by Organizers with such procedures of the lack of such procedure. We will not be held liable under any circumstances for costs and/or damage associated with tickets arising from situations of fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
7. Event Rules, Insurance
7.1 Notwithstanding all prior Terms herein, Organizers warrant that all events promoted through the Services (“Events”) will be operated according to and in compliance with all applicable laws and regulations. Prior to promoting and initiating ticket sales for all Events, You and your affiliates will obtain all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) for the subject Event. Licensure includes but is not limited to property operation permits, fire marshal permits, state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization. You further warrant that you and your affiliates will maintain in force throughout the term of this Agreement and your use of the Services the applicable Licensure for Organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services
7.2 Without limiting the generality of any release otherwise provided under the Terms you hereby agree to release, defend, indemnify and hold harmless Evvnt, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, for any dispute, charge or claim due to or arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
7.3 Upon request, You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events or at any time during your use of the Services.
7.4 Insurance. During the term of this Agreement and any applicable IO(s), if you are a Third Party User, as herein defined, you will, at all times, maintain adequate insurance against liabilities which may arise under the worker’s compensation or similar laws of each state in which its employees operate hereunder, as well as under any similar laws of the United States or regulations issued pursuant thereto, and maintain automobile liability and comprehensive liability insurance for injuries to third parties and their property in such amounts and subject to such deductible clauses and other terms as are customary for persons engaged in businesses the same as or similar to the business of Third Party User.
8. privacy and Consumer information
8.2 If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information, including personal data, you collect from (or receive about) individuals, and (b) you will at all times comply with any applicable Evvnt policies posted on the Services regarding such information and data.
9. License to the Evvnt services
9.1 We grant you and your affiliates, employees, and agents, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for their intended purposes. This license is contingent on your use of the Services in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. This license is revocable at any time, and any rights not expressly granted herein are reserved to Evvnt.
9.2 You agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 . The Site Content is not intended for your commercial use. You may not use any Site Content for your own commercial purposes. You may not scrape, crawl, or employ any automated means to extract data from the Site(s).
10. Evvnt intellectual property
10.1 Site Content consists of protected copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and pursuant to the law. Evvnt may own the Site Content or portions of the Site Content may be made available to Evvnt through arrangements with third parties. The Services and Site Content are subject to copyright and other intellectual property rights under the laws of the United States, foreign states, and international treaties, and Evvnt provides User with the right to use the Services on a limited basis. Any rights not expressly granted herein are reserved.
10.2 Trademarks. The trademarks, service marks and logos of Evvnt (the “Evvnt Trademarks”) used and displayed in connection with the Services are common law and/or registered trademarks or service marks owned by or licensed to Evvnt. Other trademarks used in connection with the Services may be owned by others (the “Trademarks of Others” and, collectively with Evvnt Trademarks, the “Trademarks”). Users may not use the Trademarks without prior written consent or license. Use of The Trademarks to disparage Evvnt, any third party or Evvnt’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks is strictly prohibited. Use of any Trademarks as part of a link to or from any site is prohibited unless We approve the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Evvnt Trademarks will inure to Evvnt’s benefit.
10.3 Use of Sub-domains. In the event Evvnt provides you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].https://Evvnt.com) for a given event, your use is authorized on a limited, revocable basis. All such sub-domains are the sole property of Evvnt and we reserve the right to determine the appearance, design, functionality and all other aspects of websites located at any https://Evvnt.com or Evvnt owned sub-domains.
11. Your intellectual property
11.1 Licenses. To provide the Services, Evvnt requires a limited license to use the materials (“User Materials”) and trademarks (“User Trademarks”) you submit. Users grant to Evvnt a limited, non-exclusive, worldwide, royalty-free, sublicensable, and revocable license to display, copy, reproduce, prepare derivative works of, distribute, perform publicly, perform via means of audio transmission, modify, test, transmit, track, and distribute the User Materials in connection with Evvnt’s obligations under these Terms. Furthermore, Users grant to Evvnt a limited, non-exclusive, worldwide, royalty-free, sublicensable, and revocable license to use the User Trademark(s) in connection with Evvnt’s obligations described in this Agreement. These licenses will not provide Evvnt with an ownership interest in User Materials or User Trademarks. Users retain ownership of and responsibility for the User Materials and User Trademarks submitted.
11.2 Authority and Permissions. Users must cooperate with Evvnt to allow it to perform the Services described in this Agreement. Each User will use its best efforts to ensure that Evvnt has the permission, authority, and rights necessary to allow Evvnt to perform the Services, including, but not limited to, adequate access to User’s staff, software, servers, cart systems, hardware, customer lists, Organizers, and accounts. Each User agrees that all instructions to Evvnt must be in writing and made via email, mail, or facsimile. User agrees to make itself available at reasonable and customary times and to provide Evvnt with timely responses to Evvnt’s questions or requests with respect to the Services.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
11.3 Evvnt’s Further Use of Your Content and Trademarks. Your Content must be accurate and truthful. Evvnt reserves the right to remove Your Content from the Services if We believe, in Our sole discretion, that it violates these Terms, or for any other reason. Evvnt may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Evvnt both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of , its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
12. Copyright takedown notices
If you believe that a user of the Website has infringed your copyrights, you may provide Evvnt with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, Evvnt will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
Please send all notices to Legal@Evvnt.com.
Your notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a User who believes that content subject to a copyright takedown is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which Sox In A Box is located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
13. Term; Termination
13.1 As soon as you access the Services, these Terms apply to you. These Terms will continue to apply until they are terminated. Sections 4.2 or 4.3 below describe how these Terms may be terminated. Even after these Terms are no longer applicable generally, as described in Section 4.4, certain portions will always remain in effect.
13.2 Evvnt may terminate your right to use and/or access the Services at any time, for any reason. Termination may be triggered: (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Us; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Us to legal liability. Evvnt may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Our sole discretion, failure to do so would materially prejudice you. Evvnt is not liable to you or anyone as a result of a termination of Services.
13.3 Except where a separate contract exists between you and Evvnt, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are using the Services without a registered account, you must cease using the Services in order to terminate these Terms. If you use the Services, these Terms remain in effect. If there is a separate agreement between you and Evvnt governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will apply.
13.4 Termination of your use of the Services or deletion of your account does not terminate certain provisions of these Terms. Terms that must remain in effect based on your prior use of the Services are binding indefinitely. These provisions may include, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property rights protections and licenses.
14. Release and indemnification
14.1 Release. You hereby agree to release Evvnt from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. You specifically waive any applicable law or statute that limits general releases and does not extend the release to claims which you may not have known or suspected and which may materially affect your settlement with Evvnt. This release is complete and encompasses all claims, known or unknown, suspected or unsuspected.
14.2 Indemnification. You agree to indemnify Evvnt in the below circumstances. That means that you will be responsible for paying Evvnt’s attorneys’ fees and other fees as described below. You agree to hold harmless, defend, and indemnify Evvnt from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) Your use of the Services in violation of the Terms; (2) Your breach of any Terms; (3) Your breach of any applicable law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international; (4) Your failure to pay any applicable taxes arising out of or in relation to your use of the Services when due; or (5) Your advertisement or provision of any events or other services to third parties. Notwithstanding the foregoing, this indemnification will not apply to the extent that any claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arise out of Evvnt’s gross negligence or willful misconduct. Your obligation to defend and indemnify Evvnt will not provide User with the right or ability to control Evvnt’s defense, and Evvnt reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel. We may choose to handle the Claim ourselves, in which case you agree to cooperate with Us in any way we request.
15. Disclaimer of warranties and assumption of risks by you
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Evvnt EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF USER IS LOCATED IN SUCH A JURISDICTION, USER IS ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND ITS RIGHTS UNDER THE LAW. FOR CLARITY AND AS AN EXAMPLE, WE CANNOT WARRANT THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
While Evvnt provides the Services, Evvnt does not provide event or event promotion services. Therefore, You recognize that We have no control over and do not guarantee anything related to any events or information published about any events. Evvnt hereby disclaims any liability arising from the acts or omissions of any User or third party in relation to any event or promotion thereof. You agree that hosting and/or participating in any event is at your sole discretion and you assume all related risk. Such risks may include risk of illness, bodily injury, disability, or death.
These disclaimers apply to the maximum extent permitted by law. You may have other legal rights. However, the duration of legally required warranties, if any, will be limited to the maximum extent permitted by law.
16. limitation of liability
Evvnt AND ITS AFFILIATES, VENDORS, STRATEGIC PARTNERS, AND EMPLOYEES WILL NOT BE HELD LIABLE TO ANY USER OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OPPORTUNITY COSTS, INTANGIBLE LOSSES OR THE COST OF SUBSTITUTE SERVICES, EVEN IF Evvnt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Evvnt WILL NOT BE HELD LIABLE FOR ANY CONTENT POSTED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF EVENTS. Evvnt IS A SERVICE PROVIDER AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERROR, OMMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, FAILURE OF DELIVERY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR ALTERATION THEREOF. Evvnt RESERVES THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME AND WITHOUT LIABILITY. USER UNDERSTANDS THAT ITS USE OF THE SERVICES IS AT ITS OWN RISK AND THAT Evvnt’S LIABILITY IS LIMITED TO THE AMOUNT PAID BY USER TO Evvnt, THE AMOUNT OWED TO CLIENT IN COMMISSIONS BY Evvnt, OR $1,000, WHICHEVER IS LESS.
17. arbitration and class action waiver
17.1 ARBITRATION REQUIRED. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES OR USE THEREOF MUST BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES). ANY DISAGREEMENT AS TO WHETHER THIS CLAUSE APPLIES TO THE DISPUTE WILL BE DECIDED BY THE ARBITRATOR.
17.2 The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under the American Arbitration Association’s (“AAA”) most recent commercial arbitration rules then in effect except where as modified herein. The arbitration will be conducted in Delaware and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. This arbitration will be held in Delaware and both parties agree that they will be required to be present in Delaware for arbitration under the terms of this agreement and hereby submit to exclusive personal jurisdiction in Delaware. The Arbitrator will apply the laws of the state of Delaware and the Federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
17.3 The user and Evvnt hereby waive the right to a trial by jury as to all arbitrable disputes.
17.4 Arbitration Exceptions. Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights (“Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
17.5 CLASS ACTION WAIVER. THE USER AND Evvnt ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR PRIVATE ATTORNEY GENERAL ACTION. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE WITH RESPECT TO A DISPUTE BETWEEN THE PARTIES, THE PARTIES AGREE THAT THE ENTIRETY OF THE ARBITRATION CLAUSE WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE AND THE DISPUTE MUST PROCEED IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
17.6 Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
18. dispute resolution process
18.1 Contact Us First. If you have a question, complaint, or concern about the Services, please contact us immediately. Our customer support team will work with you to answer your question or resolve your concerns. In the unlikely event that your concern or any dispute between you and Evvnt cannot be resolved without intervention, the claim shall be handled pursuant to Section 8 and 9 of these Terms.
18.2 Notice of Dispute. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Evvnt must be addressed to the following address (“Notice Address”) and must be sent by certified mail: Evvnt, Inc., Attn: Legal Department, 680 Michigan Avenue, Suite 700 #353, Miami, FL 33139, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with Evvnt and must be sent by certified mail. If we have no records of such physical address, such notice may be delivered to your Evvnt account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Evvnt and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Evvnt may commence an arbitration proceeding.
19. applicable law and jusirdiction
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Evvnt is incorporated in Delaware, and any legal action against Evvnt related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Delaware. Thus, for any actions not subject to arbitration, you and Evvnt agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Delaware.
20. Use of Evvnt communication tools
All content sent via the Communication Tools must be true and accurate. You must immediately respond to requests to update any recipient’s email preferences including opting out of receiving such communications via an accessible and unconditional unsubscribe link in each email where one is required. You may not send any emails to individuals who have unsubscribed.
Violation of these rules regarding Communication Tools may result in Evvnt’s decision to limit or suspend your access to such tools.
21. Notices and communications
Evvnt will send you any required Legal Notices and regular communications via email or regular mail to the addresses you provide to Evvnt. If you wish to contact Evvnt or deliver any notice, you can do so at Evvnt, Inc., Attn: Legal Department, 680 Michigan Avenue, Suite 700 #353, Miami, FL 33139, USA USA or via email to legal@Evvnt.com.
22. Modifications to the terms or services
Evvnt reserves the right to modify the Terms from time to time (collectively, “Modifications”). Modifications to the Terms including any changes to the IO will be communicated to you as described in section 21 above (“Modified Terms”). Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. You will be required to agree to material Modifications by clicking “I Accept” as your electronic signature which binds the new Agreement between you and Evvnt pursuant to the Modified Terms.
We are constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Evvnt reserves the right to modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Except as otherwise set forth herein, these Terms, as defined above to include other referenced documents and the IO, constitute the entire agreement between you and Evvnt and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Evvnt relating to a specified event or events.
We appreciate any comments or feedback you wish to provide related to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
26. Other websites; linked accounts; third part offers
We may include links to other Internet websites or resources throughout the Services. Evvnt does not endorse any specific Content, advertising, offers, products, services or other materials available via links or resources provided by third parties. Furthermore, because Evvnt has no control over the materials and content published on such websites and resources, you acknowledge and agree that We are not responsible for the availability of such websites or resources, and are not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Evvnt’s partners or third party service providers.
The waiver by either Party of a breach of or a default under any provision of this Agreement must be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
28. Relationship of the parties
Nothing in this Agreement shall be deemed or construed as creating a joint venture, partnership, employment, or fiduciary relationship between the Parties. Neither Party has any authority of any kind to bind the other Party. The relationship of the Parties is, and at all times shall continue to be, that of independent contractors.
29. Force majeure
If an event outside of the control of either Party makes it impossible or impracticable to perform under this Agreement, neither Party shall be liable for the non-performance that was prevented by such event. Except for the payment of monies due hereunder, neither Party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, Internet or other network “brownouts” or failures, power failures, and acts of civil and military authorities; provided that such Party gives the other Party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance. To the extent that a force majeure has continued for ten (10) business days, User or Evvnt may cancel the remainder of the IO(s), excluding payment obligations, without penalty.
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