AGREEMENT BETWEEN CLICK2RSVP.COM AND USER
1. ACCEPTANCE OF TERMS
1.1 The TERMS OF SERVICE AGREEMENT (the "TOS Agreement") is made and entered into by and between Click2RSVP.com / Digi-Q, Inc. ("Click2RSVP" or "the Site"), with its principal place of business in Cupertino, California, USA and the Click2RSVP.com User ("User" or "you"). By registering to use Click2RSVP.com's Web services, you agree to be bound by all terms and conditions set forth below without modification.
1.2 To the extent that this TOS Agreement conflicts with any conditions and notices of the general TOU, this TOS Agreement will control.
2. AGE AND LEGAL ACCESS CERTIFICATION
2.1 By accepting this Terms of Service Agreement, subscribing to and entering Click2RSVP.com you certify the following information and understand that we are relying on such certification and agreement to these terms for allowing entry into the site. You hereby certify the following:
2.2 That you are 18 years of age or older;
2.3 That you are familiar with all local laws in your area affecting your legal right to access adult-oriented materials;
2.4 That you have the legal right to access adult-oriented materials and Click2RSVP.com has the right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will not share these materials with a minor or in any way make these materials available to a minor.
3. SERVICES OFFERED/USER OBLIGATIONS
3.1 Click2RSVP.com offers web services which include (1) registration for events, (2) receipt of money for events and (3) the storage of data in files such as HTML pages and images, for display on the world wide web.
3.2 Click2RSVP.com maintains the right to disable any script and/or file, and if necessary, the User's account without prior notice if Click2RSVP.com determines the script, file, or account presents a security risk or a server exploit. Any scripts that are determined to be inherently malicious may result in termination of the User's account and the pursuit of any and all legal remedies available to Click2RSVP.com. Scripts that constantly loop and/or cause severe CPU or memory usage are not permitted on any Click2RSVP.com's servers
3.3 Click2RSVP.com reserves the right to send Users emails with updates, promotions and advertisements and service e-mails notifying the User of operational or other changes that may significantly affect or significantly change the current services offered. Click2RSVP.com reserves the right to allow club owners to communicate with Users regarding events or questions they might have. Please note that Users cannot opt out of this service as it is critical for the operation of Click2RSVP.com.
3.4 Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without the written permission of the sites owner. Except as expressly stated in this TOS agreement, no grant of any express or implied right to you under any trademarks, copyrights or other proprietary information are given.
3.5 Click2RSVP.com reserves the right to filter all emails that travel through our mail servers on any part of our network to ensure there is not presence of spam, bulk email, viruses, Trojans, worms, or any other harmful content. We also reserve the right to disallow the connection to and/or from any server or other computer that may have been found participating in any such distribution of these forms of content, including, but not limited to, open mail relays or open proxy servers.
4. TICKET SALES AND EVENTS
4.1 Information for posted events is subject to change at the discretion of the site or the club promoter. Changed information will not be subject to a refund.
4.2 The charge for each event is customized to the viewing party and can be different for males, females and couples for the same event. The only charge that will be provided for the User is based on that User's gender as they have registered it.
4.3 All sales are non-refundable.
5. CONTENT
5.1 Click2RSVP.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. Click2RSVP.com is not responsible for the content of any account hosted by Click2RSVP.com. The opinions and views expressed in the Click2RSVP.com accounts do not necessarily reflect those of Click2RSVP.com. The contents of the accounts hosted on Click2RSVP.com are not reviewed in any way before they appear on the internet. As the author of accounts hosted on Click2RSVP.com, you take full responsibility for their contents. Do not use the account space provided by Click2RSVP.com to provide material that is in any way illegal in nature.
5.2 Click2RSVP.com services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal or state, or other laws that may apply in this jurisdiction or your local area is prohibited.
5.3 Click2RSVP.com's user accounts cannot contain, or provide links to, materials that Click2RSVP.com, in its sole discretion, may consider illegal or offensive, including, but not limited to:
5.3.(1) Copyrighted material not belonging to you--for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
5.3.(2) Trademarked material not belonging to you--for example, word marks, design marks or a combination thereof -- without prior consent of the trademark owner;
5.3.(3) Hate-group propaganda;
5.3.(4) Any form of terrorist activity, plans, plots or encrypted information;
5.3.(5) Certain Copy written Mpeg layer two or three ("MP2 or MP3") files;
5.3.(6) Mail fraud;
5.3.(7) Pyramid or Ponzi schemes;
5.3.(8) Insults to other persons or companies, including but not limited to: material that is threatening, harassing, libelous or in any way a violation of intellectual property laws.
5.4 Click2RSVP.com Users shall not use their Click2RSVP.com accounts to conduct the following activities:
5.4.(1) Sell weapons or promote the use thereof;
5.4.(2) Send bulk/spam e-mail from a Click2RSVP.com hosting server, or sending such e-mail with a Click2RSVP.com hosted Web site listed as the contact address. Read more about our Spam Policy (section 10).
5.4.(3) Send mass/spam news postings;
5.4.(4) Advertise or distribute software or services that may contribute to news or e-mail spamming;
5.4.(5) Host a banner exchange;
5.4.(6) Disclose the trade secrets of any other entity or individual;
5.4.(7) Use patented materials without the prior consent of the patent owner;
5.4.(8) Rent, sell or otherwise distribute Click2RSVP.com web space to third parties; or
5.4.(9) Conduct any other activities, that Click2RSVP.com determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.
5.5 It is impermissible to use Click2RSVP.com servers for the following purposes:
5.5.(1) To act as proxies to access other servers including, but not limited to: File Transfer Protocol (FTP) or Hypertext Transfer Protocol (HTTP);
5.5.(2) To run any type of server or daemon including, but not limited to, ICQ or FTP;
5.5.(3) To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
5.5.(4) To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
5.5.(5) To open sockets of any kind including but not limited to, ICQ, IRC or FTP;
5.5.(6) To provide scripting for any third party;
5.5.(7) To act as a file repository or to serve files for other sites; or
5.5.(8) To conduct any other activity that Click2RSVP.com determines, in its sole discretion, to be an improper use of the Click2RSVP.com servers.
5.6 Pornographic or Adult materials are NOT permitted on User accounts and may not include links to other sites or parties hosted which may contain any such images, movies clips, web pages or information of this nature.
5.7 You MAY establish a hypertext link to this site and/or distribute, modify, or re-use the text or graphics of this site only after obtaining written permission to do so from the site owner allowing you to do so.
5.8 Click2RSVP.com reserves the right to terminate your Click2RSVP.com account or remove any message or photo it determines, in its sole judgment, is in violation of any provision of this TOS Agreement.
6. SECURITY
6.1 It is illegal to attempt to compromise the security on the Click2RSVP.com servers by any means, including, but not limited to:
6.1.(1)Attempting to gain access to restricted information on Click2RSVP.com servers;
6.1.(2) Attempting to disable, cripple or modify Click2RSVP.com servers or any service running on a Click2RSVP.com server; or
6.1.(3) Attempting to access information in other Click2RSVP.com accounts.
6.1.(4) We report to the joint internet committee of the RCMP and FBI, anyone who has been tampering with our services or servers will be contacted by these policing authorities and will be charged and prosecuted to the fullest extent of the law.
6.2 Click2RSVP.com reserves the right to prosecute any individual attempting to compromise the security of the Site to the fullest extent allowable by federal, state, provincial or local law.
7. WARRANTIES
7.1 User understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Click2RSVP.com makes no warranties of any kind, either express, implied or statutory, concerning the data or information available through the Click2RSVP.com network. Click2RSVP.com SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Click2RSVP.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
7.1.(1) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
7.1.(2) That the Click2RSVP.com web site will meet your requirements or will always be available, accessible, uninterrupted, timely, secure, or operate without error.
7.1.(3) The information, content, materials or products included on the Click2RSVP.com web site will be as represented
7.1.(4) Any implied warranty arising from a course of dealing or usage of trade, and
7.1.(5) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Click2RSVP.com.
7.2 To the full extent permissible under applicable law, Click2RSVP.com disclaims any and all such warranties.
7.3 Click2RSVP.com does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. Click2RSVP.com cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Click2RSVP.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Click2RSVP.com will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Click2RSVP.com makes no guarantee of any specific result from use of this site or use of the Click2RSVP.com service.
7.4 Click2RSVP.com disclaims any and all liability for the acts, omissions and conduct of any third party users, Click2RSVP.com users, advertisers and/or sponsors on the site, in connection with the Click2RSVP.com service or otherwise related to your use of the site and/or the Click2RSVP.com service. Click2RSVP.com is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the site.
8. LIMITATION OF LIABILITY
8.1 In no event will Click2RSVP.com be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Click2RSVP.com has been advised of the possibility of such damages.
8.2 Click2RSVP.com will not be liable for damages of any kind, including without limitation, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this TOS Agreement, the site, the inability to use the site or those resulting from any goods or service purchased or obtained or messages received through the site. Click2RSVP.com liability to the User for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the fees paid, if any, for the prior twelve (12) months.
8.3 Click2RSVP.com, its officers, directors, owners, agents, and employees shall not be liable to you or to anyone else for any loss or injury resulting from the use of Click2RSVP.com, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering Click2RSVP.com services and content found on Click2RSVP.com User accounts. In no event will Click2RSVP.com, its officers, directors, owners, agents and employees, be liable to you or anyone else for any decision made or action taken by you in reliance on such content. Click2RSVP.com, its officers, directors, owners, agents, and employees, shall not be liable to you or anyone else for direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or the possibility of such damages, resulting from the use or inability to use Click2RSVP.com.
8.4 Users using the Click2RSVP.com service to host or attend events, parties, or other social gatherings release Click2RSVP.com from all liabilities that may result during these events, parties, or other social gatherings as a result of any negligence on the part of the host of that gathering. User agrees that parties are not sponsored or hosted by Click2RSVP.com and all events taking place as such parties do not reflect the opinions and views of Click2RSVP.com.
9. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
9.1 User agrees to indemnify and hold Click2RSVP.com , its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees that may be incurred by Click2RSVP.com, asserted by any third party due to or arising out of your conduct or use of this service. Nothing provided by the user will defame or violate any copyright, trademark, privacy right or any other right of any person or entity.
9.2 This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of site owner and site owner is not responsible for the contents of any linked site or any link contained within the site. Site owner is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by the site owner of any linked site. Pursuant to the terms of service license understands that the act of clicking on a third party site is the act of leaving the site.
10. PRIVACY
10.1 The site owner does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the site owner shall be deemed to be readily accessible to the public. Visitors should not use this site to transmit any communication for which the sender intends only the sender and the recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of this service, regardless of whether the operators are the intended recipients of the message(s). Click2RSVP.com and its parent and affiliated companies will comply with all federal, state and local laws including responding to warrants, subpoenas and requests for information from law enforcement agencies which Click2RSVP.com determines in its sole discretion are reasonably necessary under the circumstances.
11. TERMINATION & SPAM/DAMAGES
11.1 Click2RSVP.com reserves the right to terminate this TOS Agreement and User's account for any breach of the provisions hereof. Click2RSVP.com reserves the right to delete any account it deems unacceptable for any reason without prior notice.
11.2 Click2RSVP.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Click2RSVP.com liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Click2RSVP.com 's actual damages, to the extent such actual damages can be reasonably calculated. In addition, you will be billed a SPAM CLEAN UP FEE of $500.00USD which all Users agree to in our terms of service agreement before joining for their hosting accounts.
12. MISCELLANEOUS
12.1 This TOS Agreement supersedes and replaces any written or oral agreements between Click2RSVP.com and User. Any failures by Click2RSVP.com to enforce any provision of this TOS Agreement shall not constitute a waiver of any term hereof.
12.2 If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.
12.3 Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material which may be harmful to minors. If you are interested in learning more about such products and/or services, information is available at www.netnanny.com, www.cybersitter.com, and through other companies providing similar products and/or services. Please note that this information is provided for information only and is not intended as an endorsement of the referenced services and/or products.
12.4 The section titles in this TOS Agreement are for convenience only, and have no legal or contractual effect.
12.5 This TOS Agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflict of law rules. In the event of a dispute arising out of or relating to this TOS agreement, or use of or access to this site, litigation must be brought in state or federal court in the City and County of San Francisco, California. Member agrees to waive any jurisdiction, venue and inconvenient forum objections to any Federal or State laws.
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