Terms of Service

Terms of Service

Thank you for visiting Eventsburgh.com (“Eventsburgh” or “We”). Eventsburgh is an event listing service that allows registered members to create a profile online to advertise their services to the general public. This Terms of Use Agreement (“Agreement”) states the terms and conditions under which you may access and use our Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you should leave the Web site and discontinue use of the Eventsburgh Services immediately. Eventsburgh reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Eventsburgh Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Eventsburgh reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Eventsburgh Services if Eventsburgh determines, in its sole discretion that you have violated this Agreement or pose a threat to Eventsburgh and/or its Users.

Modification to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Your continued use of the Eventsburgh Services after we post a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Content

You understand that Eventsburgh does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials (“Content”) that you post on or through the Eventsburgh Services and you are entirely responsible for each individual item of content that you post. By posting any Content on or through the Eventsburgh Services, you represent and warrant that you own the Content posted by you on or through the Eventsburgh Services or otherwise have the right to grant the license and also posting of your Content on or through the Eventsburgh Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Eventsburgh Services. After posting your Content to the Eventsburgh Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on or through the Eventsburgh Services, you hereby grant to Eventsburgh a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Eventsburgh Services, including without limitation distributing part or all of the Eventsburgh Website in any media formats and through any media channels. This limited license does not grant Eventsburgh the right to sell or otherwise distribute your Content outside of the Eventsburgh Services. After you remove your Content from the Eventsburgh Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The license you grant to Eventsburgh is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide. You acknowledge that MenuSpoltight does not pre-screen or approve content, but we retain the right (but not obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Eventsburgh Services for violation the Terms of Use Agreement. If you become aware of misuse of the Eventsburgh Services by any person, please contact us through “Contact Us” page. Eventsburgh Services contain content of Eventsburgh that is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Eventsburgh Services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Eventsburgh. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Eventsburgh, and agree to abide by any and all copyright notices displayed on Eventsburgh Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Eventsburgh Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Eventsburgh Services. The Eventsburgh Services may contain features and functionalities that may link you or provide you to third party content which is completely independent of Eventsburgh. Your interactions with organizations and/or individuals found on or through Eventsburgh Services are solely between you and such organizations and/or individuals. You agree that Eventsburgh shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Eventsburgh is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Eventsburgh, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our services.

Content/Activity Prohibited.

Prohibited Content and activities includes, but is not limited to, Content that, in the sole discretion of Eventsburgh. You agree not to post Content:
offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
includes a photograph or video of another person that you have posted without that person’s consent;
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
Additionally, you agree not to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Eventsburgh Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your profile page, or any Eventsburgh page via HTML/CSS or any other means;
interfering with, disrupting, or creating an undue burden on the Eventsburgh Services or the networks or services connected to the Eventsburgh Services;
impersonating or attempting to impersonate another registered member or entity;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the Eventsburgh Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
using the Eventsburgh Services in a manner inconsistent with any and all applicable laws and regulations.

Limitations on service

You agree that Eventsburgh has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Eventsburgh Services. You acknowledge that Eventsburgh reserves the right at any time to modify or discontinue Eventsburgh Services (or any part thereof) with or without notice, and that Eventsburgh shall not be liable to you or to any third party for any modification, suspension or discontinuance of Eventsburgh Services.

Newsletter subscription

We send out free weekly newsletters to our subscribers. By registering on Eventsburgh.com you agree to subscribe to the newsletter service with the email address provided to us at registration. You can unsubscribe from the newsletter service anytime by clicking on the unsubscribe link provided in the newsletters sent to you.

Fees

You agree to pay all fees in accordance with the fee description published by Eventsburgh for utilizing its services. Fees are non-refundable and subject to change without prior notice at any time.

DISCLAIMER OF WARRANTIES

THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. EVENTSBURGH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL EVENTSBURGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF EVENTSBURGH KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVENTSBURGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF EVENTSBURGH HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVENTSBURGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF EVENTSBURGH OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. YOU HEREBY RELEASE EVENTSBURGH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.

Indemnification

You agree to indemnify, defend and hold harmless Eventsburgh, its affiliates and suppliers, and their officers, employees, agents, and successors from any liability, loss, claim and expense (including attorneys’ fees) related to (i) your violation of this agreement, and (ii) your submission of material to this site.

Miscellaneous

Your use of Eventsburgh, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy’s new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Eventsburgh exclusively in a state or federal court located in Allegheny County. The laws of the State of Pennsylvania will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Allegheny County, Pennsylvania for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Eventsburgh, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. WE TRY TO KEEP EVENTSBURGH UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING EVENTSBURGH “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT EVENTSBURGH WILL BE SAFE OR SECURE. EVENTSBURGH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR EVENTSBURGH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR EVENTSBURGH WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EVENTSBURGH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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