Fevo Terms of service
Please read these Terms of Service (these “Terms of Service”) fully and carefully before using www.fevo.com (the “Site”) and the services, features, content or applications offered by Fevo, Inc. (“Fevo”, “we”, “us” or “our”) including through third-party websites (such as third-party Event providers) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services.
Acceptance of Terms of Service
These Terms of Service apply to all users of the Services, registered or otherwise.Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH BELOW AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We Facilitate Purchases of Tickets Only
WE DO NOT PROVIDE EVENTS
We partner with event providers solely in order to facilitate your purchase of tickets to events through the Services, or otherwise feature events through the Services (collectively, “Events”). You acknowledge that we solely facilitate sales of tickets to Events, and we have no responsibility, and shall not be liable, with respect to the Events or Event providers, including without limitation, cancellation of Events or any inconvenience you may experience due to such cancellation or any other causes out of our control. We have no control over or responsibility for Events, Event providers, or their websites, resources, materials, content, products or services, and we do not guarantee the quality, safety or legality of Events or the truth or accuracy of descriptions of Events or any other information regarding Events. In addition, event providers may offer Events in connection with third parties, including charities; we solely facilitate your purchase of tickets to such Events and have no control over or responsibility with respect to such third parties (e.g., any anti-money laundering and “know your customer” screenings, if applicable), including in connection with any charitable donations or solicitations for charitable donations in connection with any Event. Descriptions or images of, or references to, Events through the Services do not imply our endorsement of such Events. Without limiting the foregoing, we shall not be responsible for (i) any lost, stolen or damaged tickets, (ii) the failure of an Event provider to honor a ticket, (iii) an Event provider’s breach of any warranty to you, or (iv) any other action, omission or wrongdoing of an Event provider.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE, WE DISCLAIM ANY LIABILITY OR LOSS RELATED TO EVENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, OUT-OF-POCKET EXPENSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH EVENTS, EVENT PROVIDERS, OR YOUR ATTENDANCE AT EVENTS, INCLUDING WITHOUT LIMITATION, ANY CANCELLATION OF EVENTS OR ANY OTHER EVENT GUESTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ATTENDANCE AT OR ANY OTHER EXPERIENCE OR INTERACTION RELATING TO EVENTS, EVENT PROVIDERS OR EVENT GUESTS IS SOLELY AT YOUR OWN RISK.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
If you are under age 18 (or 21 in places where 18 is not the age of majority), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
In connection with your use of the Services, you may have the ability to register for an account on the Services or log into the Services via your login credentials for your account with a third-party social media platform or other services (e.g., Facebook) (in each case, your “Account”). By using the Services through your account with a third-party social media platform or other service, you permit us to access certain information from such account for use by the Services, and you understand that we may make available information or content from such account through the Services in connection with your Account. You may control the amount of information that is accessible to us by adjusting the applicable account privacy settings on your social media platform or other service. You must provide accurate and complete information and keep your Account information updated. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. In addition, you agree to not have more than one Account with us at any given time. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You may never publish, distribute or post login information for your Account. You may deactivate your Account, either directly or through a request via the contact information below.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
Any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations, and does not and will not misappropriate, infringe, or otherwise violate the intellectual property rights of any third party. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Except for User Content submitted by you, as between you and us, we shall retain all right, title and interest in any Content. We reserve all rights in the Services (including all such Content) not expressly granted herein, and these Terms of Services and any use by you of the Services shall not be construed to grant to you any license, ownership or other rights in any such Content unless expressly stated herein. In the event you obtain any ownership right, title or interest in any portion of the Services, including any Content, except for User Content submitted by you, you hereby agree to irrevocably transfer, convey and assign to us all right, title and interest in and to portion of the Services, including, if applicable, any such Content.
Subject to these Terms of Service, we grant each user of the Services a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than your use of the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use, for any use in connection with developing a similar or otherwise competitive Services, or in any way that misappropriates, infringes, or otherwise violates any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
In the event you submit User Content through the Services, you hereby do and shall grant us and any user of the Services a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform publicly, and otherwise fully exploit the User Content in connection with the Services and, with respect to us, our and our affiliates’ (and our successors’ and assigns’) businesses, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and, in each case including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without misappropriation, infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use such Feedback and related information in any manner. We will treat any Feedback you provide to us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to us (as Feedback or otherwise as User Content) any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content (including any User Content) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you or other users may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Rules of Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service, and you shall not (directly or indirectly), in connection with your use of the Services, misappropriate, infringe, or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, or violate any applicable local, state, national and international laws, rules or regulations. You are responsible for all of your activity in connection with the Services.
Tickets purchased through the Services are non-transferable, unless otherwise expressly specified by us. Unlawful resale (or attempted resale), counterfeit or copy of tickets purchased through the Services is grounds for seizure and cancellation without compensation. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine, in our sole discretion, to be, or has been, in violation of these Terms of Service. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation, any User Content, that:
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or other “spamming”;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or anyone else’s sensitive financial information.You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to process or place ticket orders, or “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies, including these Terms of Services, or otherwise inconsistent with the intended use of the Services.
You shall not (directly or indirectly) and shall not attempt to, except to the limited extent applicable laws specifically prohibit such restriction: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), (ii) gain unauthorized access to the Services or any part of it, other user accounts, or other systems or networks connected to the Services, via hacking, password mining, or any other means, or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, (iii) interfere with the proper working of the Services or any activities conducted through the Services, (iv) probe, scan, or test the vulnerability of the Services or any system or network, or use any robot, spider, scraper or other automated means to access the Services (INCLUDING USING ANY “BOT” OR OTHER AUTOMATED MECHANISM TO MAKE PURCHASES), (v) modify, translate, or otherwise create derivative works of any part of the Services, (vi) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, (vi) create extensions of, products related to, or that interoperate with, the Services. You further acknowledge and agree that you will access the Services for its intended purpose and not access the Services for the purpose of bringing a legal claim or action against us including, but not limited to, patent infringement or ADA compliance. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services
The Services may be provided via third-party websites or may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, including without limitation, third-party Event provider websites in which our Service are integrated, or other services or resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Certain of our Services allow you to make purchases through the Services (“Purchases”). In order to make a Purchase, you must use a valid credit card or other payment method accepted by the Services (which may change from time to time in our sole discretion) (your “Payment Method”), with full authority to use it. We reserve the right, in our sole discretion, to take steps to verify your identity and/or eligibility to process your order. Please note that any payment terms presented to you in the process of making Purchases are deemed part of these Terms of Service. We use a third-party payment processor (the “Payment Processor”) to allow you to pay for Purchases. The processing of payments will be subject to any applicable terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to make a Purchase, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Purchase in accordance with your Payment Method and you authorize us, through the Payment Processor, to charge your Payment Method. Such charges for your Purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. All Purchases of tickets through the Services are final, unless the Event is canceled or the Event provider authorizes a refund through the Services in its sole discretion. You acknowledge that the decision to authorize a refund to you is at the applicable Event provider’s (and not our) sole discretion, and we are not liable for any decision to authorize or not authorize a refund. If the Event provider authorizes refunds to a ticket buyer, we will refund the ticket face value to ticket buyers who request refunds; provided, however, that we are entitled to keep the processing fees charged by us to ticket buyers for such ticket sale. Notwithstanding the foregoing, you agree and acknowledge that our obligation to make any refunds is subject and limited to the Event provider’s authorization to issue such refund, as well as our holding or receiving from Event providers of the applicable ticket sale proceeds. If the Event provider does not authorize such refund or we do not have or receive from the Event providers the applicable ticket sale proceeds, then we cannot provide you a refund for such ticket sale.
The terms of your payment will be based on your Payment Method and may be determined by the applicable terms, conditions, and privacy policies of the Payment Processor, as well as agreements between you and the applicable financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due for your Purchase upon demand.
CURRENT INFORMATION REQUIRED.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PASSWORD. IF YOUR PAYMENT METHOD INFORMATION IS NOT CURRENT, COMPLETE, OR ACCURATE, WE AND/OR THE APPLICABLE PAYMENT PROCESSOR MAY BE UNABLE TO PROCESS YOUR PAYMENT AND WE WILL ACCORDINGLY BE UNABLE TO FULFILL YOUR PURCHASE.
From time to time, you may become eligible to earn certain experience benefits directly from Event providers through the Services, including based on the size of the group you have created for the corresponding Event (collectively, “Rewards”). In addition to any specific rules and descriptions for each Reward, which are incorporated herein, you acknowledge that Rewards, and the opportunity to earn Rewards, are at our and the Event provider’s sole discretion. We reserve the right, in our sole discretion at any time, to cancel, suspend, terminate or modify any aspect of the Rewards, with or without notice to you. We also reserve the right, in our sole discretion, to terminate your eligibility to earn Rewards at any time, with or without cause, with or without notice, effective immediately, including without limitation, if we deem or suspect any violation of these terms and conditions or the intended use of the Services and/or the Rewards, cheating, fraud or tampering with the operation of Rewards. By participating in the Rewards, you agree to release, indemnify and hold harmless us, our affiliates, suppliers, partners, and each of our and their respective parent companies, subsidiaries, affiliates, partners, employees, contractors, directors, officers, agents, suppliers and representatives, from any and all liabilities, claims, damages, injury, loss, harm, cost or expenses, including without limitation, property damage, personal injury and/or death, that arise from or relate to in any way the Rewards.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of Feedback, User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING:
- which users gain access to the Services;
- what Content you access via the Services;
- or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services or relating to Events, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of such material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES AND ACCESS TO EVENTS IS SOLELY AT YOUR OWN RISK.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the exclusion of implied warranties, the above exclusions or limitations may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICES AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
Some of our Services may allow you to receive SMS notifications from us or our Event providers.
You shall defend, indemnify, and hold harmless us, our affiliates and partners and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, Events, violation of these Terms of Service, violation of any applicable terms, conditions, and privacy policies with payment processors or financial institutions, or any misappropriation, infringement, or violation by you, or any third party using your Account or identity in the Services, of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you throughout these Terms of Service, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR ANY EVENTS (I) FOR ANY LOST PROFITS, OUT-OF-POCKET EXPENSES, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), OR PERSONAL INJURY OR PROPERTY DAMAGE (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00 OR THE AMOUNT THAT YOU PAID US WITH RESPECT TO OUR PROCESSING FEES ON BEHALF OF THE EVENT PROVIDER.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
ARBITRATION CLAUSE & CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES (WHICH CAN BE FOUND AT ADR.ORG/CONSUMER) AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY STATE OR FEDERAL COURTS, INCLUDING BY JURY; PROVIDED, HOWEVER, THAT IF EITHER PARTY REASONABLY BELIEVES THAT THE OTHER PARTY HAS IN ANY MANNER VIOLATED OR THREATENED TO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THE OTHER PARTY, THE OTHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE OR EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The location of the arbitration shall be New York, New York. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In addition, such arbitration shall be consistent with the Consumer Due Process Protocol Statement of Principles, as applicable. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever barred.
The arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. You and we agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
IF YOU ARE A NEW FEVO USER, YOU CAN CHOOSE TO REJECT THIS ARBITRATION PROVISION BY SENDING AN OPT-OUT NOTICE BY EMAIL OR REGULAR MAIL TO THE APPLICABLE ADDRESS LISTED BELOW. SUCH OPT-OUT NOTICE MUST BE RECEIVED THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW FEVO USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THESE TERMS OF SERVICE TO SUBMIT SUCH OPT-OUT NOTICE.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
We reserve the right, in our sole discretion, to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we may provide notice of modifications to these Terms of Service, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
ENTIRE AGREEMENT AND SEVERABILITY
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, war, riots, fires, terrorism, acts of God, natural disasters, failures of the Internet or telecommunications networks, labor disputes, strikes, or mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
12 Little W 12th St
New York, NY 10014
Effective Date of Terms of Service: April 23, 2020