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1.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The UrbanEvents.com.com
Service ("Service"), owned and operated by UrbanEvents.com, Inc.,
d/b/a UrbanEvents.com, Inc. ("UrbanEvents.com"), is provided to
you ("Member") under the terms and conditions of these UrbanEvents.com
Policies and Procedures and any operating rules or policies that
may be published by UrbanEvents.com. The POLICIES AND PROCEDURES
comprises the entire agreement between Member and UrbanEvents.com
and supersedes all prior agreements between the parties regarding
the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE POLICIES AND PROCEDURES.
2.
DESCRIPTION OF SERVICE UrbanEvents.com is providing Member with
a capability to schedule events via the World Wide Web, Electronic
Mail, and on UrbanEvents.com's own system. UrbanEvents.com will
not charge Member for this base Service. In consideration for
this Service, Member agrees to: (1) provide certain current, complete,
and accurate information about Member as prompted to do so by
the Service and (2) maintain and update this information as required
to keep it current, complete and accurate. All information requested
on original sign-up shall be referred to as registration data
("Registration Data"). If any information provided by Member is
inaccurate, UrbanEvents.com retains the right to terminate Member's
membership and rights to use the Service.
3.
NO "SPAMMING", NOTICES. UrbanEvents.com does not endorse "spamming"
to or by Members, through the use of the Service. UrbanEvents.com
reserves the right to immediately terminate Service to any Member
using the Service for such purposes. UrbanEvents.com will not
distribute or otherwise divulge Member's Registration Data, or
other data, to third parties. UrbanEvents.com will not send any
communications to Members or non-Member event participants, other
than as required for the performance of the Service, and notices
pertaining to the services. All notices to a party shall be in
writing and shall be made via email. UrbanEvents.com may broadcast
notices or messages through the Service to inform Member of changes
to the POLICIES AND PROCEDURES, the Service, or other matters
of importance; such broadcasts shall constitute notice to Member.
4.
MODIFICATIONS TO SERVICE AND TO TERMS OF SERVICE UrbanEvents.com
reserves the right to modify or discontinue the Service with or
without notice to Member. UrbanEvents.com shall not be liable
to Member or any third party should UrbanEvents.com exercise its
right to modify or discontinue the Service. UrbanEvents.com may
change the terms and conditions of the POLICIES AND PROCEDURES
from time to time. Upon any change in the terms and conditions
of the POLICIES AND PROCEDURES, UrbanEvents.com will notify Member
via email, and by posting an announcement of the changes and a
link to the new POLICIES AND PROCEDURES on the start-up screen
on Member's subsequent use of the Service. Member will be asked
to review the new POLICIES AND PROCEDURES, and to indicate Member's
acknowledgment and agreement to be bound by such services explicitly,
or by continuing to use the Service. If Member does not wish to
be bound by the new POLICIES AND PROCEDURES, Member may terminate
Member's use of the Service at that time.
5.
PRIVACY POLICY It is UrbanEvents.com's policy to respect the privacy
of its Members. Therefore, UrbanEvents.com will not monitor, edit,
or disclose the contents of a Member's private communications
unless required to do so by law or in the good faith belief that
such action is necessary to: (1) conform to the edicts of the
law or comply with legal process served on UrbanEvents.com; (2)
protect and defend the rights or property of UrbanEvents.com;
or (3) act under exigent circumstances to protect the personal
safety of its members or the public. Member acknowledges and agrees
that UrbanEvents.com neither endorses the contents of any Member
communications nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained therein,
any infringement of third party intellectual property rights arising
therefrom or any crime facilitated thereby. Member acknowledges
and agrees that certain technical processing of email messages
and their content may be required to: (1) send and receive messages;
(2) conform to connecting networks' technical requirements; (3)
conform to the limitations of the Service; or (4) conform to other
similar requirements.
6.
MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a member
of the Service, you shall receive a password and an account. You
are responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any
and all activities which occur under your account. You may change
your password at any time by following instructions; you may also
set up a new account at your convenience. Member agrees to immediately
notify UrbanEvents.com of any unauthorized use of Member's account
or any other breach of security known to Member.
7.
DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE
SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. URBANEVENTS.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. URBANEVENTS.COM
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES URBANEVENTS.COM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. URBANEVENTS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY MEMBER FROM URBANEVENTS.COM OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8.
LIMITATION OF LIABILITY URBANEVENTS.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF URBANEVENTS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
9.
NO RESALE OR COMMERCIAL USE OF THE SERVICE Member's right to use
the Service is personal to Member. Member may only be an individual,
not a corporation or other business entity. Member agrees not
to resell or make any commercial use of the Service, without the
express consent of UrbanEvents.com.
10.
MEMBER CONDUCT Member is solely responsible for the contents of
his or her transmissions through the Service. Member's use of
the Service is subject to all applicable local, state, national
and international laws and regulations. Member agrees: (1) to
comply with US law regarding the transmission of technical data
exported from the United States through the Service; (2) not to
use the Service for illegal purposes; (3) not to interfere or
disrupt networks connected to the Service; and (4) to comply with
all regulations, policies and procedures of networks connected
to the Service. The Service makes use of the Internet to send
and receive certain messages; therefore, Member's conduct is subject
to Internet regulations, policies and procedures. Member will
not use the Service for chain letters, junk mail, spamming or
any use of distribution lists to any person who has not given
specific permission to be included in such a process. Member agrees
not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. Member further agrees not to transmit
any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to other computer systems
are prohibited. Member shall not interfere with another Member's
use and enjoyment of the Service or another entity's use and enjoyment
of similar services. UrbanEvents.com may, at its sole discretion,
immediately terminate Service should Member's conduct fail to
conform with these terms and conditions of the POLICIES AND PROCEDURES.
11.
INDEMNIFICATION Member agrees to indemnify and hold UrbanEvents.com,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Member's
use of the Service, the violation of this POLICIES AND PROCEDURES
by Member, or the infringement by Member, or other user of the
Service using Member's computer, of any intellectual property
or other right of any person or entity.
12.
TERMINATION Either Member or UrbanEvents.com may terminate the
Service with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice to the other
party. UrbanEvents.com shall not be liable to Member or any third
party for termination of Service. Should Member object to any
terms and conditions of the POLICIES AND PROCEDURES or any subsequent
modifications thereto or become dissatisfied with the Service
in any way, Member's only recourse is to immediately: (1) discontinue
use of the Service; (2) terminate Service membership; and (3)
notify UrbanEvents.com of termination. Upon termination of the
Service, Member's right to use the Service and Software shall
cease immediately. Member shall have no right and UrbanEvents.com
will have no obligation thereafter to forward any unread or unsent
messages to Member or any third party.
13.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter into
correspondence with or participate in promotions of the Advertisers
showing their products on the Service. Any such correspondence
or promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely
between the corresponding Member and the Advertiser. UrbanEvents.com
assumes no liability, obligation or responsibility for any part
of any such correspondence or promotion.
14.
PROPRIETARY RIGHTS TO CONTENT Member acknowledges that content,
including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor
advertisements or distributed via email, commercially produced
information presented to Member by the Service ("Content") by
UrbanEvents.com or UrbanEvents.com's Advertisers, is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Member is only permitted to use the Content as
expressly authorized by the Service or the Advertiser. Member
may not copy, reproduce, distribute, or create derivative works
from the Content without expressly being authorized to do so by
the Service or the Advertiser.
15.
GENERAL PROVISIONS The POLICIES AND PROCEDURES shall be governed
by and construed in accordance with the laws of the state of California,
excluding its conflict of law provisions. Member and UrbanEvents.com
agree to submit to the exclusive jurisdiction of the courts of
the state of California. If any provision(s) of the POLICIES AND
PROCEDURES is held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. UrbanEvents.com's
failure to exercise or enforce any right or provision of the POLICIES
AND PROCEDURES shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by UrbanEvents.com
in writing. Member and UrbanEvents.com agree that any lawsuit
arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles in the
POLICIES AND PROCEDURES are solely used for the convenience of
the parties and have no legal or contractual significance.
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