LAST UPDATED: DECEMBER 17, 2019
1. WHO WE ARE
1.1 The Services
Attendease Software Corporation’s (“Attendease Software”) websites and domains, including attendease.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications (collectively, the “Applications”) are offered, maintained and provided by Attendease. We refer to all of these as our “Services.”
Attendease provides an all-in-one event management platform for registered users who are event organizers, planners and charitable organizations (“Organizers”) to create event registration, speaker profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), and solicit donations related to those events to users who wish to make ticket purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to ticket purchases, registrations, or donations from or to such events by Attendees as “Transactions”. We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
All Transactions that occur in the United States of America with respect to the Services are facilitated in whole or in part by Attendease Registrations USA, LLC (“Attendease Registrations”). Attendease Registrations is a wholly owned subsidiary of Attendease Software.
1.2 Contracting Party
3. YOUR ACCEPTANCE
4. TERM AND TERMINATION
4.2 Termination by Attendease
Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Attendease, Attendease may terminate your right to use the Services at any time for:
- your misuse or abuse of the Services; or
- if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Attendease to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Attendease shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
4.3 Termination by You
4.4 Survival of Terms
5. MODIFICATION TO THE TERMS AND PRICES
6. USE OF THE SERVICES
6.1 The Services
Attendease hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely for the purposes of:
- Browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or
- If you are an Organizer, creating event registration, speaker profile, organizer profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case
- to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly
- copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
- rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner;
- remove or alter any proprietary notices or labels on or in the Services; or
- engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
7. ATTENDEASE’S ROLE
7.1 Listing Service and Limited Agent
Attendease is not the organizer or owner of the events listed for sale or registration on the Services. Attendease provides the Services, which allow Organizers to list and promote their events, but all Transactions are made by the respective Organizer listed on the applicable event page. In the event that an Organizer has elected Attendease to facilitate the Transaction, Attendease also acts as the Organizer’s limited agent solely for the purpose of collecting payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
All fees may vary based on individual Service Agreements between Attendease and the Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Attendease to the applicable Organizer or any standard fees described on the Services to Organizers. Attendease does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a Transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all Transactions are between an Organizer and its respective Attendees, Attendease asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern. In the event that there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Attendease. Attendease may, in its discretion, attempt to mediate such dispute, however, Attendease will have no liability for (a) an Organizer’s failure to give refunds; (b) Attendease’s failure to mediate a dispute; or (c) Attendease’s decision if it does mediate the dispute.
8. DESCRIPTION OF SERVICES
Attendease is offering to persons who have Accounts access to the web and mobile Attendease Applications and Services. The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
- You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Attendease cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Each user account may only be used by one person. A shared login or account “gifted” to another person is not permitted.
- You agree that you will not hold Attendease liable for failures with the data storage.
- You may not use the Service for any illegal or unauthorized purpose.
10. REGISTRATION OBLIGATIONS
To be a registered user of the Services, whether as an Attendee or other non-Organizer, you must first complete the registration process to create an your Account and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Attendease if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also 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 complete, or Attendease has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Attendease has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Attendease may act upon any communication that is given through your Account or by using your Credentials. Attendease is not required to verify the actual identity or authority of a person using your Account or Credentials, but Attendease may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Attendease is not satisfied with the verification. If Attendease, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Attendease may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
12. USER OF THE WEBSITE – CONTENT AND COPYRIGHT
12.1 Site Content
Attendease claims no intellectual property rights over the material you store through the Service.
Attendease authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Attendease or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Attendease is strictly prohibited. Attendease reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Attendease reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
Attendease reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
12.2 Your Content
13. ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify, and hold harmless Attendease, and their respective directors, officers, technology partners, employees, affiliates, and agents from all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Without limiting the generality of the foregoing, you shall indemnify and hold harmless Attendease against liabilities arising from the following: (i) the products or services provided by you in connection with Attendease; (ii) any actual or alleged defamatory or illegal material provided by you for placement on, or in connection with Attendease; and (iii) any material provided by you on, or in connection with Attendease, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party’s sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; Attendease reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
You understand and agree that:
Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Attendease, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
The access to and downloading of material from this Website is done at your own risk. Company makes reasonable efforts to ensure that this Website is virus-free, but Company does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Attendease customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The purpose of the Service is for backup of data in case of loss. Links to files stored by the Service may not be placed in the public domain. If you place a link to one of your files on a public website, your account will be terminated and you will be billed for any bandwidth used above and beyond the necessary bandwidth to transfer the files for storage.
14.3 Limitation of Liability
You expressly understand and agree that Attendease and/or Attendease Registrations shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, loss of business profits, business interruption, goodwill, use, data, property or other intangible losses (even if Attendease and/or Attendease Registrations has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (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 Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to these terms, the use of this Website, or the Service. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section “Limitations of Liability” is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
Attendease provides a marketplace in which Attendees and Organizers can transact. However, Attendease could not function if it were held responsible for the actions or inactions of different Attendees, Organizers and/or third parties both on and off the Services. Therefore, for Attendease permitting you to access and use the Services, you hereby agree to release Attendease, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
15.1 Force Majeure
You agree that Attendease shall not be liable for damages of any kind arising from random acts of the universe or any other condition beyond its control.
15.2 Entire Agreement
The relationship between Attendease and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the British Columbia, Canada and the laws of Canada applicable in British Columbia, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the British Columbia.
15.5 Binding Arbitration
This Agreement is subject to change with or without notice.
16. CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Attendease. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.