Agreement Between User and
Collabrio Corporation
This Web site
("MyEvents.com" or "Collabrio.com") is offered to you, the user, conditioned on your acceptance
without modification of these Terms of Use. Your use of this Web site
constitutes your agreement to the Terms of Use.
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. 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. MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 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. 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 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.
LIMITATION OF LIABILITY
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 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.
Personal and Noncommercial Use Limitation
Collabrio Corporation is for
your personal and noncommercial use. You may not copy, modify, distribute,
display, perform, create derivative works from, transfer or sell any
information, software, products or services obtained from Collabrio Corporation.
No
Unlawful or Prohibited Use
As a condition of your use of this Web site,
you warrant to Collabrio Corporation that you will not use this Web site for any purpose
that is unlawful or prohibited by these Terms of Use.
Use of Bulletin Board, Chat Rooms and Other Communications
Forums
If this Web site contains bulletin boards, chat rooms or other
message or communication facilities (collectively, "Forums"), you agree to use
the Forums only to send and receive messages and material that are proper and
related to the particular Forum. By way of example, and not as a limitation, you
agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files or any other similar
software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a
file that is uploaded.
- Except to the extent expressly allowed, advertise or offer to buy or sell
any goods or services, or conduct or forward surveys, contests or chain letters.
If a Forum expressly allows you to send or post messages offering to buy or sell
goods or services, you may not send or post more than one message per week per
Forum. In no event may you use any such Forum to advertise or sell any goods or
services which you are in the business of advertising or selling.
- Download any file posted by another user of a Forum that you know, or
reasonably should know, cannot be legally distributed in such manner. You
acknowledge that all Forums are public and not private communications. Further,
you acknowledge that chats, postings, conferences and other communications by
other users are not endorsed by Collabrio Corporation, and such communications shall not
be considered reviewed, screened or approved by Collabrio Corporation. Collabrio Corporation
reserves the right for any reason to remove without notice any contents of the
Forums received from users, including without limitation bulletin board
postings. Collabrio Corporation reserves the right to deny in its sole discretion any
user access to Collabrio Corporation Forums without notice.
Software Available on this Site
Software (if any) that is made
available to download from Collabrio Corporation ("Software") is the copyrighted work of
Collabrio Corporation and/or its suppliers. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software not accompanied by a
License Agreement, Collabrio Corporation hereby grants to you, the user, a personal,
nontransferable license to use the Software for viewing and otherwise using this
Web site in accordance with these terms and conditions, and for no other
purpose. Please note that all Software, including without limitation all HTML
code and Active X controls contained in this Web site, is owned by Collabrio Corporation
and/or its suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT.
You
acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export
restrictions.
Links to Third Party Sites
This Web site may contain hyperlinks
to Web sites operated by parties other than Collabrio Corporation. Such hyperlinks are
provided for your reference only. Collabrio Corporation does not control such Web sites
and is not responsible for their contents. Collabrio Corporation's inclusion of
hyperlinks to such Web sites does not imply any endorsement of the material on
such Web sites or any association with their operators.
Service Contact
Contact webmaster@myevents.com with questions
or problems with this Web site.
Copyright and Trademark Notices:
All contents of this Web site
are: Copyright © 2012 Collabrio Corporation and/or its suppliers, PO Box 1309, Mill Valley CA 94941
Collabrio Corporation, MyEvents.com and other names of Collabrio Corporation products and/or services
referenced herein are trademarks or registered trademarks of Collabrio Corporation. Other
product and company names mentioned herein may be the trademarks of their
respective owners.
Modification of These Terms and Conditions
Collabrio Corporation
reserves the right to change the terms, conditions and notices under which this
Web site is offered.
General
This agreement is governed by the laws of the State of
California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of
courts in San Francisco County, California, U.S.A. in all disputes arising out
of or relating to the use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You
agree that no joint venture, partnership, employment or agency relationship
exists between you and Collabrio Corporation as a result of this agreement or use of this
Web site.
Collabrio Corporation's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Collabrio Corporation's right to comply with law enforcement requests or requirements
relating to your use of this Web site or information provided to or gathered by
Collabrio Corporation with respect to such use.
If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
This
agreement constitutes the entire agreement between the user and Collabrio Corporation
with respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Collabrio Corporation with respect to this Web site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data
that may be used herein are not intended to represent any real individual,
company, product or event.
Any rights not
expressly granted herein are reserved.
