(Effective & Last Modified September 12th, 2017)
1- ACCEPTANCE OF TERMS
Previous versions of this Agreement and Agreement that apply to various Evenza services can be found in the Evenza Terms of Service Center. This Agreement constitutes a legal document that details Yourrights and obligations as a customer of Evenza (referred to as the "Service" or "Services").
1.2 Evenza reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this Agreement, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether Evenza has provided You individual notice, Your continued use of the Service following Evenza's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to Evenza is updated and correct. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS AND STOP USING EVENZA.
1.3 Certain Services that You purchase or receive from Evenza may be provided by one or more third-party vendors, contractors, or affiliates selected by Evenza, and You are subject to additional terms between You and such third party for Your use of their services. Your breach of such third-party terms will be deemed a breach of this Agreement.
Currently such third parties include: GoDaddy.com and MerchantPluse.com, mandrillapp.com, PayPal.com, Authorize.net, BluePay.com, BrainTreePayments.com and .... You understand that You are creating a separate contractual relationship between You and such third party.
1.4 BY COMPLETING THE REGISTRATION PROCESS ("Registration Process") AND CLICKING THE ACKNOWLEDGEMENT BOX OR SIMPLY BY USING THE SITE OR ANY EVENZA SERVICE, YOU:(a) agree to be bound by this Agreement; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if You are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and payment-related information and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; and (d) represent and warrant that You have the power and authority to enter into and perform under this Agreement. If You are a third party accessing an account(s) on behalf of an account owner. Notwithstanding the foregoing, You are fully responsible for all activities under Your account, whether authorized by You or not.
2- DESCRIPTION OF SERVICE
2.1 Evenza will provide user with a self-service, e-commerce website (“Website”), hosted on our servers, for selling their events’ tickets online with User’s name and logo (if any). It will include free website hosting. Evenza, at its option, may also act as an agent for User in connection with the sale of Tickets via other means, including Evenza outlets or websites if available.
2.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to this Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.
3- INTELLECTUAL PROPERTY
3.1 Except for the rights expressly granted herein, this Agreement does not transfer from Evenza to You any Evenza developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Evenza The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.
3.2 Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Evenza at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Evenza
3.3 You will not use Evenza's name or any language, pictures, or symbols that could, in Evenza's sole judgment, imply Evenza's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without Evenza's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Evenza and You, including the method and timing of such announcements, must be approved in advance by Evenza in writing, which approval may be withheld in its sole discretion. Any violation of Your obligation regarding public announcements shall be a material breach of this Agreement.
4.1 Payment Terms
You will pay all fees due according to the prices and terms applicable to your Services, including optional features. All installation or setup fees and non-recurring charges, along with the first month's recurring charges, shall be due and payable upon sign up. Thereafter, recurring monthly fees will be due on the same day of the month as your original sign up and may be charged on or after the due date. All the transaction fees will be due as of the transaction date and time and may be deducted directly from the transaction amount or may be billed anytime after that. All the fees including the recurring fees, transaction fees, other fees will be charged automatically to your credit card on file. If Your selected payment method is invalid or the charges are declined, or your payment is later-on disputed, or You are otherwise past due in your payments for any reason, the Service and other Services in the same order may be terminated and removed from Evenza's servers by Evenza with or without notice, and all the information contained will be deleted permanently. Deleting of the content may include reversing and voiding any transaction that has been processed through Evenza and is not paid for. Evenza accepts no liability for information, transactions or content that is deleted due to an invalid payment method or where Your payments are past due or bounced. Evenza accepts no liability for the loses or issues that may result from reversing and voiding transactions due to past due balances. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional setup fees. In the event You fail to pay charges or dispute the paid charges, Evenza may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse Evenza for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. All disputed payments are subject to a dispute charge of minimum $30.00 per disputed transaction. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Evenza on the charges and all late payment, interest, or other fees as stated on Your bill. Evenza may modify its billing practices or late payment charges by providing You with prior written notice of the modification. Evenza in its discretion may offer discounts or special offers from time to time.
All Evenza charges and fees including but not limited to the setup fees, monthly fees, sales percentage, print fees, product and equipment purchase or rental fees, advertisement are non-refundable and final.
4.2 Merchant Account
If You are using Evenza’s Merchant account to charge customers for their tickets and other purchases, you should fill and sign a W9 form to be able to use it. We collect the sales money and sent you a check to the address you provide in your W9 form. There is a transaction fee on any transaction through Evenza's merchant account. We will deduct the fee and any charge-backs and any unpaid statement balance from your settlement check. You will be responsible to make all the refunds and adjustments during the 5 days following your event. You will also be responsible for any charge-backs or disputes by your customers. Any charge-back fee will be deducted from your unpaid balance or billed to your credit card on file. We will work with you to provide evidence to the credit card company that the charge is valid and if we win the case we will return the money back to you minus any dispute charges and fees occurred to us. Your responsibility for the chargebacks and disputes will survive even after your account is canceled or terminated and you agree to pay for any chargebacks. We will mail your check one week after your event assuming that your event is held successfully as it was advertised. In some cases Evenza will keep 20% or more of your total sales for 3 months or more after the event to accommodate for possible charge-backs and disputes.Evenza reserves the right to terminate Your Service, or refuse to send you a settlement check with or without notice if it believes, in its sole discretion: that your site or event (a) has caused a significant number of complaints or charge-backs for failing to be reasonably accessible to customers or timely fulfill customer orders or if the event is not held in proper quality and as advertised by you on Evenza or any other form of advertisement; or (b) has become the subject of a government complaint or investigation. Additionally, Evenza reserves the right to review and remove any Site at any time for non-compliance with this Agreement. In the event Evenza receives complaints about an Event from a Buyer and the Event is not considered a Cancelled Event, Evenza shall notify User and shall be authorized to retain the Settlement for such event until the complaints are resolved. If User instructs Evenza not to make any refunds, then Evenza may refer such complaints to User.
4.3 Upgrades and Downgrades
You can upgrade or downgrade your site, switch from self-service and full-service modes or add or remove optional features at any time. Such upgrade or downgrade will take effect immediately. You will be automatically charged, via the payment method You provided, any and all fees based upon your upgrade or downgrade. If You are due a refund, the amounts will be credited and refunded to You. In the event that You change from one non-annual service to another, your payment method will be charged a pro-rata amount for the upgraded service and credited a pro-rata amount for the unused previous service. In the event that You change from a non-annual service to an annual or multiyear service, your payment method will be charged for the entire new service and credited a pro-rata amount for the unused non-annual or multiyear service. Both the refund and charge will both be based on the number of days remaining in Your contract term. The contract term and anniversary date may change if You change from a non-annual service to an annual or multiyear service, or from an annual or multiyear service to a non-annual service. You may also be charged, as applicable, an upgrade or downgrade fee. Fees may not be credited towards other services.
4.4 Price Changes
Evenza may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service. Upon renewal, as provided in Section 5.1, the prices charged may be changed without notice to the then prevailing price for the Services.
You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.
4.6 Returns Policy
All Evenza charges and fees including but not limited to the setup fees, monthly fees, sales percentage, print fees, product and equipment purchase or rental fees, advertisement are non-refundable and final.
5- TERM AND TERMINATION/CANCELLATION
The initial term of this Agreement will commence on the date that You click the acknowledgement box to acknowledge that You have read, understood, and agree to this Agreement and will remain in effect for the period of time corresponding to the plan You last selected (whether during the Registration Process or when You last modified Your plan) ("Initial Term").
At the end of the Initial Term, Your Service will automatically renew on a recurring basis for the same period of time You last selected (a "Renewal Term"), unless you cancel in accordance with Section 5.2.
If You do not cancel or if You fail to notify Evenza of Your intent not to renew prior to Your Renewal Term, You agree to renew Your subscription for the Renewal Term, and Your Service will be renewed at the then-current rates and fees. Except as set forth in this Agreement, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms.
5.2 Cancellation/Termination by You
You may cancel Your Service and terminate this Agreement at any time.
To cancel any Service or feature You must either sign in to your account, access your Admin Control Panel, and follow the instructions or contact us by sending an email from your administrator email address or from the administrative contact window. We may send you a confirmation email for the security purpose. Your account will not get cancelled unless you respond to the cancelation confirmation email. U.S. mail, voicemail, or other notification will NOT be accepted for cancellation. Based on the feature or service you are cancelling, Your Service and access to the Service will be discontinued either immediately or at the end of statement period, and no refund will be provided for any payments You have made. If the Initial or Renewal Term is more than one month, and You cancel Your Service prior to the expiration of such Term, an early termination fee may apply to the extent agreed to during the Registration Process. Upon the cancellation or termination, your reserved site name or any reserved user name will immediately become available to others and can be used by anybody. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by Evenza
5.3 Termination by Evenza
Evenza may terminate this Agreement at any time with or without notice to You. Notwithstanding anything to the contrary herein, Evenza may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from Evenza's servers, or remove any Content within the Service, if Evenza concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of this Agreement, including any applicable Evenza Policy or any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) have failed to keep your Account Information complete, true, and accurate; (d) fail to respond to any email communication sent to the email address listed in your Account Information; (e) have past due balance, declined credit card payments, declined, stopped or unpaid checks with Evenza or have disputed any of the Evenza charges or fees (f) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (g) are engaged in activities or sales that may damage the rights or reputation of Evenza or others (each "Termination for Cause"). Any Termination for Cause by Evenza will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your Evenza ID is terminated for any reason, this Agreement and Your access to the Service will also be terminated.
5.4 Termination for Cause by Either Party
In addition to any other right to terminate set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within same day after receipt of written notice from Evenza; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.
5.5 Termination: Legal Event
In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Evenza to believe that this Agreement and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, Evenza may suspend or terminate the Service, or terminate this Agreement without liability.
5.6 Deletion of Content
Upon any termination of the Service, Evenza reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including but not limited to order processing information, mailing lists, files, email, and any web pages generated by You or the Service. Evenza accepts no liability for such deleted information or content. Also your reserved website names become immediately available to anybody and anybody can reserve it.
5.7 Responsibility for Fees
Should Evenza suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should Evenza terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any). Also you will be responsible for any chargebacks or disputes related to your use of Evenza’s merchant account.
You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.
As part of the Service, You agree to receive the ongoing series of product update communications related to the Service ("Business Services Product Updates").
Also, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service, and updates to the Service. In order to opt out of receiving such communications, You must cancel the Service. You also understand and agree that the Service may include certain communications from Evenza, such as service announcements and administrative messages, that these communications are considered part of Evenza membership, and that You will not be able to opt out of receiving them.
7- PRIVACY AND ACCEPTABLE USE
7.1 Evenza Policies
7.2 Prohibited Uses
In addition to those matters set forth in the Evenza Policies, You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of Evenza (i) is in violation of any local, state, federal, or foreign law or regulation, (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"), or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to:
(a) upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including but not limited to a Evenza official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(e) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(g) upload, post, email, 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, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) market Your business through multiple submissions in public forums that are identical;
(i) upload, post, email, 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;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the NYSE Amex Equities, or the NASDAQ, and any regulations having the force of law;
(m) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(n) "stalk" or otherwise harass another;
(o) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;
(p) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;
(q) collect, transmit, or store any type of adult, mature, or sexually explicit content; or
(r) engage in commercial activities through the Evenza service. This includes, but is not limited to, the following activities:
* offering for sale any products or services;
* soliciting for advertisers or sponsors;
* conducting raffles or contests that require any type of entry fee;
* resell, rent, or otherwise receive consideration for placement of any creative material (e.g., no third-party advertising)
* displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services and the Internet Link Exchange; and
* displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
You agree to indemnify and hold harmless Evenza from any claims resulting from the use of the Services which damages You or any other party. Evenza reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Evenza's benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Evenza's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the Evenza Policies, Evenza may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Evenza for such action.
7.3 Abusive User Behavior
Evenza uses certain confidential internal and third-party tools and techniques to protect users from abusive and other harmful behavior on the Internet and on the Evenza servers. Evenza reserves the right to take any action it deems necessary at its sole discretion, including, without limitation, account termination or suspension, to protect against such abusive or harmful behavior. Evenza updates these tools, techniques, and practices from time to time as the abusive practices and industry standards change. You agree that Evenza shall not be responsible or liable for any loss or damage of any sort incurred by You, or any third party, as the result of Evenza taking or not taking any actions in response to any actual or perceived abusive user behavior.
8- OWNERSHIP AND SECURITY
You will receive a password from Evenza to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password, and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals ("Domain Email Users"). You agree to immediately notify Evenza of any unauthorized uses of the Service or any other breaches of security. Evenza cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Evenza be liable, in any way, for any acts or omissions of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.
9- CONTENT AND SOFTWARE
9.1 Content and Conduct Rules
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, links to other World Wide Web sites or resources, and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Evenza, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via the Service. The Content must comply with this Agreement, including applicable Evenza Policies, and any applicable law or regulation.
9.3 Provisions for Use and Security of Cardholder Data
For purposes of this Section, the term "Cardholder Data" refers to the information stored on the magnetic stripe of a credit or debit card, including the number assigned by the card issuer that identifies the cardholder's account or other cardholder personal information.
The provisions set forth in this Section apply to a Merchant that either itself, or through a processor or other agent, stores, processes, handles, or transmits Cardholder Data in any manner.
A. Merchant shall at all times comply with the Payment Card Industry Data Security Standard ("PCI DSS") requirements for Cardholder Data that are prescribed by the PCI Security Standards Council, as they may be amended from time to time (collectively, the "PCI DSS"). Copies of the most current PCI DSS and related documentation are available on the PCI Security Standards Council web site.
B. Merchant acknowledges and agrees that Cardholder Data may be used only for assisting in completing a card transaction, for fraud control services, for loyalty programs, or as specifically agreed to by the applicable payment card association rules, the PCI DSS, or as required by applicable law.
C. In the event of a breach or intrusion of or otherwise unauthorized access to Cardholder Data stored at or for Merchant, Merchant shall immediately notify the card issuer in the manner required in the PCI DSS, and provide the payment card associations and the acquiring financial institution and their respective designees access to Merchant's facilities and all pertinent records to conduct a review of Merchant's compliance with the PCI DSS. Merchant shall fully cooperate with any reviews of their facilities and records provided for in this paragraph.
D. Merchant shall maintain appropriate business continuity procedures and systems to ensure security of cardholder data in the event of a disruption, disaster, or failure of Merchant's or Merchant's primary data systems.
E. If Merchant and its successors and assigns continue to store Cardholder Data after the termination of this Agreement, it shall comply with the PCI DSS after termination of this Agreement.
F. Merchant acknowledges and agrees that Cardholder Data may be used only for assisting in completing an ecommerce transaction, including fraud-control services associated with said ecommerce transaction, subject to applicable law and payment-card association regulations.
9.4 Content Ownership
Evenza does not claim ownership of the Content You place on Your Service. By submitting Content to Evenza for inclusion on Your Service, You grant Evenza and its successors and assignees, the worldwide, royalty-free, and nonexclusive license under Your copyrights and other intellectual property rights, if any, in all material and content displayed in Your web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Evenza property the results of search queries and comparisons conducted on Evenza, including, without limitation, searches conducted on Evenza and Evenza news letter. You also grant Evenza the right to maintain such content on Evenza's servers during the term of this Agreement and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as You continue to be a Service customer and terminates when Your Service is terminated.
You acknowledge that Evenza does not prescreen Content, but that Evenza and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Evenza and its designees shall have the right to remove any Content that violates this Agreement, including any applicable Evenza Policies, is illegal, or is otherwise objectionable as determined in Evenza's sole discretion. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
9.5 Evenza Proprietary Rights and Software
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available from Evenza for the Service, or contained in sponsor advertisements or information presented to You through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Evenza or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such Content, the Service, or the Software, in whole or in part.
Evenza grants to You a personal, nontransferable and nonexclusive right and license to use the object code of its Software only on a server controlled by Evenza for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by Evenza for use in accessing the Service.
You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by Evenza without Evenza's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Evenza does not commit to support any particular browsing platform. Evenza reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.
With respect to any elective, additional software that may be made available by Evenza in connection with the Service, if You elect to download or access such additional software, You understand that You may have to agree to additional terms and conditions before You use such software.
9.6 Evenza Account Function
You acknowledge that the web hosting service is offered as a platform to host and serve web pages and web sites and is not offered for other purposes, such as remote disk space storage. Accordingly, Youunderstand and agree to use the web hosting service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Evenza is designed to serve the web hosting needs of small, independently owned and operated businesses in the United States. It is not intended to support the greater web hosting needs of large enterprises or internationally based businesses. Evenza is also a shared web hosting service, which means a number of customers' web sites are hosted from the same server. To ensure that Evenza is reliable and available for the greatest number of users, a customer's web site usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of Evenza web hosting is to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at Evenza's sole discretion, You are deemed to have violated this section, or if Evenza, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Evenza's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Evenza may suspend or terminate Your account without notice to You and with no liability to Evenza.
9.7 Advertisement Using the Evenza-Based Family of Websites: Your website will be part of the family of the websites who use Evenza for selling tickets. Evenza doesn’t have to but may periodically advertise for your events through their mailing-list and links to your events may be available on our parent site(s) or Evenza.com for more user referrals and better search engine optimization; Meaning that you will get some extra traffic from our parent websites and email lists. Your users will also be given the option to opt-in to the Evenza’s mailing-list as well as your private mailing-list. If you want to opt-out of this feature, you have to contact customer support.
9.8 Event Changes and Cancellations:
User shall promptly notify Evenza via telephone, email or fax, of any scheduling changes or event cancellation for events on sale through Evenza Website and shall terminate sale for the event and communicate the changes to users. In the event that any Event for which You have sold tickets through the site specially events sold using Evenza’s merchant account is cancelled, postponed, or modified (e.g., substitute acts) for any reason, if the sale is done through Evenza merchant account, the Account Balance shall be held and made available for distribution by Evenza to Ticket purchasers entitled to refunds for Tickets and User is responsible for all refund fees and possible charge-backs. User authorizes Evenza to refund the Ticket price at the original point of purchase. If User’s merchant account is Used for charges, User is responsible to issue refunds for all the charges.
It is agreed and understood that Evenza’s merchant account is just a tool for You and therefore Evenza’s agreement to make any refunds as the agent of User is subject and limited to Evenza holding or receiving from User the full amount of funds necessary to make refunds to all Ticket Buyers entitled to a refund.
10- SELLING TICKETS AND GOODS
10.1 Ecommerce (Ticketing and online store)
You can use the Service to facilitate the creation and maintenance of an interactive online box-office and store for the sale of tickets, goods and services. You acknowledge and agree that You will be solely responsible for all events, tickets, goods and services offered at and sold through Your site, all events and materials used or displayed at the site, and all acts or omissions that occur at the site or in connection with Your account or password. Certain sites may be subject to additional requirements. You agree that Your use of the Service and Your site will be in compliance with the Evenza Site Guidelines and any applicable laws and regulations at all times. You agree to display in Your site Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete.
10.2 Representations and Warranties
You represent and warrant that You have full power and authority under all relevant laws and regulations: (a) to offer and sell the tickets, goods and services offered at the website, including, but not limited to, holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the tickets, goods or services offered at the site; (b) to copy and display the materials used or displayed at the site; and (c) to provide for credit card payment and delivery of tickets, goods or services as specified at your website.
10.3 Suspension or Termination of website
In addition to the rights set forth in Sections 5.3 and 5.4, Evenza reserves the right to terminate Your Service, or refuse to host or continue to host any site which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders or failing to hold events as described and promoted on their website and other form of advertisement or fail to deliver sold tickets as required by the shipping method; or (b) has become the subject of a government complaint or investigation. Additionally, Evenza reserves the right to review and remove any site at any time for non-compliance with this Agreement.
10.4 Merchant Information
Evenza maintains information about You and your site on Evenza servers, including, but not limited to, Your Account Information, Your customer order information, sales information, and clickstream data ("Merchant Information"). You grant to Evenza a non-exclusive, worldwide, royalty-free, perpetual license to use Merchant Information in aggregate form (i.e., in a form that is not individually attributable to You) for research, marketing and other promotional purposes. You agree that Evenza may disclose Merchant Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that You or the site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Evenza or others; provided, however, that nothing in this Section shall impose a duty on Evenza to make any such disclosures.
10.5 PCI Compliance
Evenza box-office is compliant with the PCI. Evenza will conduct periodic audits as required to maintain compliance with the PCI DSS as a service provider.
10.6 Deletion of Merchant Information
You agree that Evenza may delete customer credit card information from Evenza servers 14 days after You retrieve such information, and may delete all other Merchant Information from Evenza servers at the end of each calendar year.
10.7 Technical Access
You acknowledge and agree that technical processing of Merchant Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that Evenza may access Your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.
10.8 Sale and Assignment of websites
Notwithstanding Section 16 below, You are permitted to sell Your site to a third party, provided that all of the following occur: (a) You assign, in accordance with Section 24 below, all rights and obligations under this Agreement to such third party receiving the site, (b) You give prior written notice to Evenza, (c) You provide to Evenza evidence that such third party has agreed to this Agreement as a permitted assignee, and (d) such third-party assignee has provided Evenza with all information requested by Evenza, and such information is complete and accurate. Should You attempt to sell a site or assign this Agreement in violation of this Section 10.8, such attempt will be null and void, and You will remain responsible for all obligations and liabilities under this Agreement, Your Store, and the Service.
11- BUSINESS EMAILS
11.1 Service Description
Evenza allows You to create forward-only email accounts for the purpose of sending and receiving email at the domain name registered by You. You expressly agree that any violation of this Agreement may result in termination of any and all email accounts, as determined in Evenza's sole discretion. Evenza expressly assumes no liability for any losses incurred due to Email User activities.
11.2 Email Users
You agree that Your use of Your email subaccount is also subject to this Agreement, and that Your violation of this Agreement may result in termination of Your subaccount, or the entire Service, as determined in Evenza's sole discretion. Please note that all Email Users who are assigned email accounts are subject to this agreement. Evenza expressly assumes no liability for any losses incurred by You due to email User activities. email
Evenza will pay a referral fee to persons or entities participating in our affiliate (referral) program that refer revenue-generating Organizers to Evenza, subject to the following terms and conditions: (a) Prior to an Organizer's initial use of the Services, the affiliate must have contacted the Organizer and have been instrumental in getting the Organizer initially to register for and sell tickets/registrations for an event using Evenza (as determined by Evenza in its sole discretion). The referral must be properly registered with Evenza when the Organizer initially sets up its account and the Organizer Referrer must fully comply with all instructions with respect thereto. (b) Evenza will pay the affiliate thirty percent (30%) of the Evenza Service Fees (e.g., initial setup fee, monthly fees and the percentage fee that Evenza charges the referred organization and does not include any additional amounts such as taxes, royalties, payment processing, ticket printing, equipment purchase and other service fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) actually paid to Evenza and retained by Evenza for the Organizer's account during the 12-month period following the date of such Organizer's first event registration via the Services. The referral fee will be paid at the beginning of each month to the affiliate if the amount due and unpaid is ten dollars ($10.00) or more. Any unpaid balances will be added to any balances due in subsequent months. (c) Evenza reserves the right to change, modify or terminate this referral program and/or its terms at any time in its sole discretion. Evenza reserves the right to determine what, if any, amounts are properly due affiliate hereunder in its sole discretion.
13.1 Compliance with Laws
You agree to comply with the export, re-export, and import laws and regulations of the United States and other applicable countries where you operate or do business, including but not limited to the United States Export Administration Regulations, the antiboycott rules, and the Office of Foreign Assets Control regulations. Specifically, but without limitation, you represent and warrant that you:
(a) will not use the Service to directly or indirectly conduct, promote, or facilitate business in countries and/or with nationals or members of governments that are subject to U.S. embargoes or trade sanctions;
(b) are not a party identified on any government export exclusion lists nor using the Service to conduct business with a party identified on such lists, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists;
(c) will not use the Service to export items, Content, or materials to prohibited parties or countries, as identified in applicable export and import regulations, or for military, nuclear, missile, chemical, or biological weaponry end users or end uses; and
(d) will defend, indemnify, and hold Evenza harmless against any liability (including attorneys' fees) arising out of or related to your failure to comply with applicable export, re-export, and import laws and regulations.
You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations, and orders, including, but not limited to, tax and intellectual property, including copyright, content, sales, mail-order, commerce, and ecommerce laws and regulations. You shall be responsible for determining which laws or regulations are applicable to Your use of the Services. You shall, upon the request of Evenza, provide Evenza assurance of Your compliance with those laws. You acknowledge that Evenza exercises no control whatsoever over the content of the information passing through Your site(s) and that it is Your sole responsibility to ensure that the information You and Your users transmit and receive complies with all applicable laws and regulations and the Evenza Policies.
You are responsible for charging and collecting from Your end-user customers any and all applicable taxes. If You fail to impose and/or collect any tax from end users or Your other retail customers as required herein, then, as between Evenza and You, You shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that You have agreed to pay or impose on and/or collect from end users or Your other retail customers, You agree to indemnify and hold harmless Evenza for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from Evenza due to Your failure to pay or collect and remit such tax to such authority.
Evenza reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.
You agree to indemnify and hold harmless Evenza, and its parents, subsidiaries, affiliates, co branders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of this Agreement, including any applicable Evenza Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. Evenza reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.
16- RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Evenza
17- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Evenza may establish general practices and limits concerning use of the Service.
18- MODIFICATIONS TO AND DISCONTINUATION OF SERVICE
Evenza reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Evenza shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
19- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENZA 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 NONINFRINGEMENT.
YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING ANY THIRD-PARTY DATA, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT(i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EVENZA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS OR FOR THE ACCURACY, TIMELINESS, OR MISDELIVERY OF ANY THIRD-PARTY DATA.
IF YOU UTILIZE A BLOG TOOL (SUCH AS WORDPRESS) IN CONNECTION WITH THE SERVICES, UNDER CERTAIN CIRCUMSTANCES EVENZA MAY DEEM IT NECESSARY TO AUTOMATICALLY UPGRADE THE VERSION OF SUCH BLOG TOOL YOU ARE THEN USING. UNDER NO CIRCUMSTANCES WILL EVENZA ASSUME ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH AUTOMATIC UPGRADE, INCLUDING, BUT NOT LIMITED TO, LIABILITY WITH RESPECT TO DATA LOSS, DATABASE CORRUPTION, EVENZA PLUG-INS, CACHING, CUSTOM DESIGN, AND/OR THIRD-PARTY PLUG-INS.
THE SERVICE IS DESIGNED TO SERVE CERTAIN NEEDS OF SMALL, INDEPENDENTLY OWNED AND OPERATED BUSINESSES IN THE UNITED STATES. THE SERVICE IS NOT INTENDED TO SUPPORT THE NEEDS OF LARGE ENTERPRISES OR INTERNATIONALLY BASED BUSINESSES. WITHOUT LIMITATION OF ANY OF THE FOREGOING PROVISIONS OF THIS SECTION, EVENZA PROVIDES NO WARRANTIES WITH RESPECT TO USE OF THE SERVICE OUTSIDE OF ITS INTENDED PURPOSES OR ITS INTENDED CUSTOMERS.
20- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENZA AND ITS AFFILIATES, CO BRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) 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 SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
EVENZA'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO EVENZA OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT EVENZA HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notices under this Agreement shall be by electronic mail. If to You, such notices shall be addressed to the electronic or mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. Evenza may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to You generally on the Service.
These Terms and the relationship between You and Evenza shall be governed by the laws of the State of California without regard to its conflict of law provisions, and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods.
Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Los Angeles, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
23- FORCE MAJEURE
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inactions of Evenza), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Evenza is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Evenza
Except as expressly set forth herein, You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of Evenza, and any attempted assignment or delegation without such consent will be void. Evenza may assign this Agreement in whole or part. Evenza also may delegate the performance of Services to third parties, including Evenza affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
25- RELATIONSHIP OF PARTIES
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Evenza and You. Neither Evenza nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
26- NO THIRD-PARTY BENEFICIARIES
Evenza and You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Your customers.
27- COPYRIGHTS AND COPYRIGHT AGENTS
Evenza respects the intellectual property of others, and we ask that You do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact copyright@Evenza.com.
28- INTEGRATION AND SEVERABILITY
These Terms constitute the entire agreement between You and Evenza and govern Your use of the Service, superseding any prior agreements between You and Evenza (including, but not limited to, any prior versions of this Agreement) pertaining to this Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or other Evenza services, third-party content, or third-party software. If any provision of this Agreement or incorporated documents is found 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 the provision, and the other provisions of this Agreement remain in full force and 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
29- SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
The provisions of Sections 3, 4, 5.6, 5.7, 5.8, 7, 8, 9, 10.1, 10.2, 10.4, 10.5, 10.7, and 13 through this Section 29 will survive any termination or expiration of this Agreement.