Event Connect

Terms of Use

 

 

Last Modified: 10-2-2014

 

 

1.                  Acceptance of Terms of Use

Welcome to the Event Connect website of Dialog-Direct (“Dialog-Direct”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.eventconnectnow.com (“Event Connect” or the “Website”) and any and all services available on or through the Website (the “Services”).

 

Please read the Terms of Use carefully before you start to use the Website and the Services. By using the Website and the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.eventconnectnow.com/privacypolicy.htm, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not use the Website and the Services.

 

2.                  Description of Event Connect

Event Connect is a website that enables you to register for one or more events (each an “Event”) provided by a third-party that has engaged us to facilitate such registration (each an “Event Organizer”).  In using this Website, you agree to provide truthful information and, if a minimum age is required for Event eligibility, you represent and warrant that you are at least the required age.

 

You acknowledge and agree that this Website is a conduit for you to register for an Event, and that the Event Organizers, and not Dialog-Direct, are responsible for organizing, providing, and making the applicable Event(s) available to you.  Additionally, you further acknowledge and agree that such Event Organizers are third-parties and are not subject to the control or oversight of Dialog-Direct, and that your participation or attendance at such event may be subject to additional terms and conditions of the Event Organizer. Unless otherwise set forth on the Website, it is the obligation of an Event Organizer to provide you with any terms and conditions applicable to the Event Organizer’s Events.

 

3.                  Changes to the Website

Each time you access or make use of this Website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. All amendments to these Terms of Use are effective immediately when we post them and your continued use of this Website shall be deemed acceptance of the amended Terms of Use.

 

You agree that Dialog-Direct reserves the right to modify or discontinue the provision of this Website and the Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Dialog-Direct will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

 

4.                  Privacy Policy

Registration data, personal information, and other information that this Website may collect is subject to the terms of Dialog-Direct’s Privacy Policy.

 

5.                  Your Conduct

You agree that you are responsible for all information or data of any kind, whether text, photographs or graphics, video or other materials (“content”), made available publicly or privately, which you transfer to the Website. Dialog-Direct will not be responsible to you in any way for content you transfer to the Website, nor for any error or omission contained in such content or arising from the transmission of the content to the Website.

 

By using the Website or any Services, you explicitly agree that:

 

(a)                you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any Service; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b)               you will not transmit, install, upload, or otherwise transfer any virus, program, destructive or deleterious programming routine, process, communication, or other item to the Website or related servers or networks;

(c)                you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(d)               you will not collect or harvest any information about other users of the Website;

(e)                you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content; and

(f)                you will not provide any content that may give rise to Dialog-Direct being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

6.                  Submission of Content on the Website

By providing any content to the Website:

 

(a)                you grant Dialog-Direct a worldwide, royalty-free, perpetual, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b)               you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Dialog-Direct the license specified in this Section 6;

(c)                you acknowledge and agree that Dialog-Direct will have the right (but not obligation), at Dialog-Direct’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

7.                  Third-party Links

In an attempt to provide convenience to our visitors, Dialog-Direct may link to sites operated by third-parties. However, even if the third-party is affiliated with Dialog-Direct, Dialog-Direct has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dialog-Direct. These linked sites are only for your convenience and therefore you access them at your own risk. Dialog-Direct does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Dialog-Direct does not endorse, recommend or approve any third-party web site hyperlinked from the Website. Dialog-Direct will have no liability for the content or use of the content available through such hyperlink.

 

8.                  Indemnification

You agree to defend, indemnify and hold harmless Dialog-Direct and its representatives, subsidiaries, affiliates, licensors, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Services.

 

9.                  Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND DIALOG-DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, DIALOG-DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE EVENTS OR WITH REGARD TO THE EVENT ORGANIZERS. YOU ACKNOWLEDGE THAT DIALOG-DIRECT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF THE EVENTS, OR THE ABILITY OF ANY EVENT ORGANIZER TO PERFORM OR ACTUALLY PROVIDE AN EVENT.

 

USE OF THE WEBSITE IS AT YOUR OWN RISK, AND DIALOG-DIRECT DOES NOT GUARANTEE THAT THE WEBSITE FUNCTIONS WILL NOT BE INTERRUPTED, THAT NO ERRORS WILL OCCUR, AND THAT NO COMPUTER VIRUSES OR OTHER HARMFUL CONTENT IS CONTAINED IN THE WEBSITE OR SERVERS. DIALOG-DIRECT SHALL HAVE NO LIABILITY FOR ANY VIRUSES, DAMAGE TO YOUR COMPUTER, LOSS OF DATA, FINANCIAL LOSS, OR ANY OTHER DAMAGES.  ANY AND ALL EXPENSES RELATED TO NECESSARY SERVICES OR REPAIRS FOR SOFTWARE OR HARDWARE, COMPUTER VIRUSES, SOFTWARE CODE, AND ANY LOSSES OR DAMAGES RESULTING FROM USAGE OF THE WEBSITE, ARE YOUR SOLE RESPONSIBILITY.

 

YOU UNDERSTAND AND AGREE THAT NEITHER DIALOG-DIRECT NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT DIALOG-DIRECT WILL NOT BE HELD LIABLE IN ANY WAY.

 

10.              Limitation of Liability; Release

IN NO EVENT WILL THE DIALOG-DIRECT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE WEBSITE AND THE SERVICES, YOU HEREBY RELEASE DIALOG-DIRECT, AND ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, FROM ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH A DISPUTE BETWEEN YOU AND ANY THIRD-PARTY (INCLUDING THE EVENT ORGANIZERS) IN CONNECTION WITH THE WEBSITE, THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED ON THE WEBSITE.

 

11.              Intellectual Property

Dialog-Direct, or its third-party content providers, own and shall retain all worldwide rights in the intellectual property of the Website, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by Dialog-Direct, or a third-party who licensed the right to use such content to Dialog-Direct. Unless otherwise expressly noted, nothing that you read or see on the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Dialog-Direct. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dialog-Direct.

 

12.              Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of the Website or Services will be governed by and construed in accordance with laws of the State of Michigan, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website or Services shall be in the state or federal courts located in Michigan.

 

13.              Miscellaneous Terms

(a)                In the event that any provision of these Terms of Use is or becomes invalid or unenforceable, that provision (to the extent invalid or unenforceable) will be interpreted to reflect the original intention of Dialog-Direct in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

(b)               Dialog-Direct’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be considered to be a waiver of any provisions or right, and all such provisions and rights will remain in full force and effect.

(c)                You agree that any claim or cause of action you may have with respect to the Website or Services must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be forever barred, without regard to any contrary legislation.

(d)               Dialog-Direct may assign its rights and obligations under these Terms of Use at any time. Upon any such assignment Dialog-Direct will be relieved of any further obligation.

(e)                The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Dialog-Direct with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

(f)                Provisions surviving these Terms or Use are those which on their face affect rights and obligations after termination or expiration, including, without limitation Sections 8, 9, 10, 11, and 12.