- Acceptance of terms. Welcome to EventsGalore.net. By using the EventsGalore.net Web Site and Services, you agree to be bound by these "Terms of Service," as they may be occasionally modified. Please review these Terms of Service from time to time so that you will be aware of any changes.
- Definitions. In these Terms of Service: "Web Site" means the web site associated with the domain name EventsGalore.net. "The Services" means all the calendar and reminder services offered in conjunction with the Web Site. "EventsGalore.net" means EventsGalore.net LLC, the owner of the Web Site and the provider the Services.
- Description of services. EventsGalore.net provides access to user-created public online calendars and a subscription e-mail reminder service. Any new features added to the Services will also be subject to the Terms of Service.
Although we will attempt to notify our users of significant changes to the Services, we may modify the Services for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.
- Your obligations. You are responsible for obtaining access to the Web Site and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Web Site).
As a user of the Services, you agree to not use the Services to:
- post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an EventsGalore.net official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any material posted on or transmitted by EventsGalore.net;
- post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
If you forward an e-mail message sent by the Service, you agree to include the entire message.
If you create or manage a calendar on the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EventsGalore.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EventsGalore.net has the right to suspend or terminate your account and refuse your use of the Service. Your Registration Data will be kept confidential as provided in our Privacy Policy.
- Privacy policy. Registration Data and any other information we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
- Member account, password and security. If you create or manage a calendar on the Web Site, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify EventsGalore.net of any unauthorized use of your password or account or any other breach of security.
- Services and information provided "As Is." You understand and agree that the Services are provided "As Is" and that EventsGalore.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.
You understand that that EventsGalore.net does not review or screen the material available through the Services, and that all material available through the Services is the sole responsibility of the person from which the material originated. This means that you, and not EventsGalore.net, are entirely responsible for all material that you post, transmit or otherwise make available through the Services. EventsGalore.net does not control the material posted, transmit or otherwise make available through the Services, and accordingly EventsGalore.net does not guarantee the accuracy, integrity or quality of such material.
You acknowledge that although EventsGalore.net does not review material posted on, transmitted or otherwise make available through the Services, EventsGalore.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services.
EventsGalore.net may provide, or users of the Web Site or Services may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that EventsGalore.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EventsGalore.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Use of the Services outside the United States. The Web Site and Services are intended for the use of United States citizens within the territory of the United States. Use outside the United States is not authorized, and EventsGalore.net will not be liable in any way for any use of the Web Site or Services outside the United States. United States users agree to comply with all local rules regarding online conduct and content.
- Ownership of material available through the Services. EventsGalore.net does not claim ownership of material you post, transmit or otherwise make available through the Services. However, you grant to EventsGalore.net a world-wide, royalty-free and non-exclusive license to use, reproduce, distribute, modify, publicly display and publicly perform all material you post, transmit or otherwise make available through the Services.
- Intellectual Property Policy. EventsGalore.net respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
Pursuant to Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), our designated agent to receive notices of claimed infringement is:
James Peterson
LaFollette, Godfrey & Kahn
One East Main Street
P.O. Box 2719
Madison, WI 53701
608.257.3911
jpeterson@gklaw.com
- Indemnity. You agree to indemnify and hold harmless EventsGalore.net, and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Web Site, your violation of these Terms of Service, or your violation of any rights of another person or entity.
- No resale of Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Web Site, or any material available through the Services.
- Use and storage of user material. EventsGalore.net may establish general practices and limits concerning use of the Services, including limits on: the time that user material will be available through the Services; the time that user material will be stored by EventsGalore.net; the maximum size of any single posted event; the maximum disk space that will be allotted on EventsGalore.net servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that EventsGalore.net reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that EventsGalore.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Termination. At any time, you may cease your use of the Services, unsubscribe from the e-mail reminder system for any calendar, delete any calendar that you created.
You agree that EventsGalore.net, in its sole discretion, may terminate your password, account, or use of the Services, and remove and discard any material available on or stored by EventsGalore.net, for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Service. EventsGalore.net may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination EventsGalore.net may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that EventsGalore.net shall not be liable to you or any third-party for any termination of your access to the Services.
- Proprietary rights of EventsGalore.net. You acknowledge that the Web Site and the software used by EventsGalore.net to provide the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. EventsGalore.net is a trademark owned by EventsGalore.net, LLC. Except as expressly authorized by EventsGalore.net, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site or the software used to provide the Services.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENTSGALORE.NET 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.
EVENTSGALORE.NET MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTSGALORE.NET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENTSGALORE.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENTSGALORE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
- General contract provisions. The Terms of Service constitute the entire agreement between you and EventsGalore.net and govern your use of the Services, superceding any prior agreements between you and EventsGalore.net. The Terms of Service and the relationship between you and EventsGalore.net shall be governed by the laws of the State of Wisconsin. You and EventsGalore.net agree to submit to the personal and exclusive jurisdiction of the courts located in Dane County, Wisconsin. The failure of EventsGalore.net to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of the Terms of Service remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.