Please read these Terms of Service (“Terms”) carefully because they are a binding agreement between You and Eventus Systems, Inc. (“Eventus” or “We”).
These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Policy simply by using or logging into the Sites.
I. Your Accounts
You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
II. Modifications and Termination
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using our Sites at any time.
III. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t make these Sites available. Please note that this license continues even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
IV. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another member.
V. Your Use of the Sites
Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
VI. Intellectual Property – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe any Content on a Site infringes your copyrights, you may request that we remove the Content from the Site (or disable access to that Content) by following these instructions.
A. Notifying Eventus of copyright infringement:
B. Summary of the Process
The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov). Here is a summary of the process:
If anyone believes that material on a Site infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material.
We will attempt to notify the user who posted the allegedly infringing material. That user then has the right to request that the material be re-enabled. If they properly make such a request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.
C. Who Can Report Infringement?
Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on a Site infringes another party’s copyright, you should advise the copyright owner directly. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on a Site is copyright infringing. When in doubt, you should consult an attorney. In any event, if you believe your copyrights are being infringed, we strongly urge you to contact the user directly.
D. Putting Your Notice Together
We need your help finding the infringing content and we need to be sure that we are doing the right thing by removing the content. We therefore require the below details in your notice:
E. Where to Send Your Notice
Your notice can be sent to our copyright agent at:
Eventus Systems, Inc.
823 Congress Ave.
Box 1964
Austin TX 78701
Attn: Legal Department, DMCA Complaint
dmca@eventus.com
F. How will Eventus Respond?
After we receive a proper written notice, we will expeditiously remove or disable the allegedly infringing content, regardless of the nature of the copyright (a post, a webpage, or an application, for example). We will document those alleged infringements on which we act. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third party which may publish and/or annotate it. In appropriate circumstances, we will also exclude infringers from our Sites who we suspect to be repeatedly or blatantly infringing copyrights.
G. Restoration of the Removed Content
If a user of our Sites believes that their content was removed or disabled by mistake or misidentification, the user may send us a written counter notification which includes the following:
We may restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our above copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.
VII. Social Networks
The Sites may include features that operate in conjunction with certain third party social networking websites that you visit such as LinkedIn, Facebook, Instagram, YouTube and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through those third party sites are governed by the terms of service and other agreements posted on those third party sites. You are responsible for ensuring that your use of those third party sites complies with any applicable terms of service or other agreements.
VIII. Our Warranties and Disclaimers
We make our Sites available using a commercially reasonable level of care, but there are certain things that we don’t promise about our Sites.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER EVENTUS NOR ITS AGENTS OR SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
IX. Liability for our Sites
EXCEPT WHERE PROHIBITED, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF WE OR SUCH THIRD PARTY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
X. Additional Details
We may modify these Terms at any time so be sure to check back regularly for updates based on the date of the latest version set forth at the end of these Terms. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
The Sites may contain links to third party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re okay with what you did, or we are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Sites resides in the courts located in Travis County, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
These terms were last updated on November 21, 2022.