Eventsador

Terms of Use

 

These terms are effective from 1st July 2017.

 

By accessing or using the Eventsador website, the Eventsador service or any applications (including mobile applications) made available by Eventsador (“Services”), you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by “Eventsador”. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please refrain from accessing or using the Service. Unless otherwise agreed in writing with Eventsador, your agreement with Eventsador will always include the terms and conditions set out in this document.

 

Basic Terms

1.      You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Eventsador prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Eventsador upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

2.      You may not post violent, nude, partially nude, discriminatory, racial, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

3.      You must be at least 18 years old to use the Service.

4.      You agree that you will not solicit, collect or use the login credentials of other Eventsador users.

5.      You are responsible for keeping your password secret and secure.

6.      You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service including without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7.      You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, local, provincial, federal, state or international) applicable to your use of the Service and your Content (defined below), including but not limited to copyright and intellectual property laws.

8.      You are solely responsible for your conduct and any data, files, text, images, photos, graphics, information, usernames, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.

9.      You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Eventsador.

10.   You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (“spam”) to any Eventsador users.

11.   You must not use domain names or web URLs in your username without prior written consent from Eventsador.

12.   You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with in any way with how the Eventsador page is rendered or displayed in a user’s browser or device.

13.   You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device and script.

14.   You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Eventsador terms.

15.   Violation of these Terms of Use may, at Eventsadors’ sole discretion, result in termination of your Eventsador account. You understand and agree that Eventsador cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Eventsador, we can stop providing all or part of the Service to you.

 

General Conditions

1.      We reserve the right, at our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

2.      Eventsador is constantly updating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Eventsador provides may change from time to time without prior notice to you.

3.      As part of this continuing update, you acknowledge and agree that Eventsador may stop either “permanently or temporarily” providing the Services “or any features within the Services” to you or to users generally at Eventsadors’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Eventsador when you stop using the Services.

4.      We reserve the right to refuse access to the Service to anyone for any reason at any time.

5.      We reserve the right to force forfeiture of any username for any reason.

6.      We may, but have no obligation to, remove, edit, block and/or monitor Content or accounts containing Content that we determine at our sole discretion violates these Terms of Use.

7.      You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Eventsador is not responsible or liable for the conduct of any user. Eventsador reserves the right, but has no obligation to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others including when you submit or post Content or any personal or other information.

8.      There may be links from the Service or from communications you receive from the Service to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your own Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to log into your account on the third-party service and you do so at your own risk. Eventsador does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Eventsador is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealing with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following:

a.      If you use an Application to share information you are consenting to information about your profile on the Service being shared.

b.      Your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Eventsador has not itself provided such information.

c.      Your use of an Application is at your own option and risk and you will hold the Eventsador Parties (defined below) harmless for activity related to the Application.

9.      You agree that you are responsible for all mobile/internet/data charges you incur through use of the Service.

10.   Unless you have been specifically permitted to do so in a separate agreement with Eventsador, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

11.   You agree that you cannot impersonate any real or fictional person or entity or perform any fraudulent activity.

12.   We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means including but not limited to user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Eventsadors’ express consent).

 

Rights

1.      Eventsador does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Eventsador a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, including but not limited to sections 3 (“Personal Information Collection”) and 4 (“Personal Information Share and Use”) of the Eventsador Privacy Policy.

2.      Some of the Service may be supported by advertising revenue and may display advertisements and promotions and you hereby agree that Eventsador may place such advertising and promotions on the Service or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3.      You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.

4.      You represent and warrant that:

a.     You own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use

b.     The posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights

c.     You agree to pay for all royalties, fees and any other monies owed by reason of Content you post on or through the Service

d.     You have the legal right and capacity to enter into these Terms of Use in your jurisdiction

5.      The Service contains content owned or licensed by Eventsador (“Eventsador Content”). Eventsador Content is protected by copyright, trademark, patent, trade secret, intellectual property and other laws and is between you and Eventsador. Eventsador owns and retains all rights in the Eventsador Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Eventsador Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Eventsador Content.

6.      The Eventsador name and logo are trademarks of Eventsador and may not be copied, imitated or used, in whole or in part without the prior written permission of Eventsador except in accordance with our brand guidelines, available as follows:

Anyone using Eventsadors’ assets should only use the logos and screenshots provided by Eventsador and follow these guidelines. Only those planning to use Eventsadors’ assets in any broadcast, out-of-home advertising or print larger than 8.5 x 11 inches (A4 size) must send a request in English and include a mock-up of how you’re planning to use the Eventsador logo and/or screenshots or other resources.

Balance the Eventsador Brand with your brand

Make sure your brand is the focus, not Eventsador. Don’t use the Eventsador brand in a way that implies partnership, sponsorship or endorsement. Don’t combine any part of the Eventsador brand with a company name, trademarks or other generic terms. Eventsador content shouldn’t be more than 50 percent of your design nor the most prominent feature. Avoid trademarks, names, domain names, logos or other content that could be confused with Eventsador.

Keep the word ‘Eventsador’ consistent

Keep the word Eventsador initial capitalized and in same font size and style as the content surrounding it. Don’t modify, abbreviate or translate the word Eventsador or use any of our logos to replace it. Don’t combine “Events” or “ador” with your own brand. If you offer an app, website or other product or service that uses the Eventsador APIs or is otherwise compatible with or related to Eventsador, you may describe how your application, website or product relates to Eventsador. For example, you may say that your app is “for Eventsador” or that the name of your campaign is “on Eventsador”.

In addition; all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Eventsador and may not be copied, imitated or used in whole or in part, without prior written permission from Eventsador.

7.      Although it is Eventsadors’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs or due to failure of telecommunications links and/or equipment. Also Eventsador reserves the right to remove any Content from the Service for any reason without prior notice. Content removed from the Service may continue to be stored by Eventsador including without limitation, in order to comply with certain legal obligations but may not be retrievable without a valid court order. Consequently, Eventsador encourages you to maintain your own backup of your Content. In other words, Eventsador is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Eventsador will not be liable to you for any modification, suspension or discontinuation of the Services or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

8.      You agree that Eventsador is not responsible for and does not endorse Content posted within the Service. Eventsador does not have any obligation to pre-screen, monitor, edit or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility and any fees related to legal action associated with that Content.

9.      None of your Content will be subject to any obligation of confidence on the part of Eventsador and Eventsador will not be liable for any use or disclosure of any Content you provide.

10.   It is Eventsadors’ policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Eventsador does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions or other materials, you further agree that Eventsador is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever including without limitation developing and marketing products and services without any liability or payment of any kind to you.

 

Reporting Copyright and Other IP Violations

1.      We respect other people’s rights and expect you to do the same.

2.      Eventsador is committed to helping people and organizations protect their intellectual property rights. Eventsador does not allow or support posting content that violates someone else’s intellectual property rights including copyright and trademark.

3.      If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

 

Disclaimer of Warranties

The service including, without limitation, Eventsador content is provided on an as available and with all faults basis. To the fullest extent permissible by law, neither Eventsador nor any of their employees, managers, officers or agents (collectively, the “Eventsador parties” make any representations or warranties or endorsements of any kind whatsoever, express or implied as to A) the Service, B) the Eventsador content, C) user content, or D) security associated with the transmission of information to Eventsador or via the service. In addition, the Eventsador parties herby disclaim all warranties, express or implied including but not limited to the warranties of merchantability, suitability for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer malware or virus.

The Eventsador parties do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected or that the service or the server that makes the service available is free from any harmful components including without limitation; viruses, malware, keystroke loggers, spyware, etc. The Eventsador parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the service is at your sole risk. The Eventsador parties do not warrant that your use of the service is lawful in any particular jurisdiction and the Eventsador parties specifically disclaim such warranties. Some jurisdictions limit or do not allow disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdictions law is applicable to you through any of these terms of use.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

The Eventsador parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

 

Limitation of Liability; Waiver

Under no circumstances will the Eventsador parties be liable to you for any loss or damages of any kind (including without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to A) the service, B) the Eventsador content, C) user content, D) your use of, inability to use or the performance of the service, E) any action taken in connection with an investigation by the Eventsador parties or law enforcement authorities regarding your or any other party’s use of the service, F) any action taken in connection with copyright or other intellectual property owners, G) any errors or omissions in the service’s operation, or H) any damage to any user’s computer, mobile device or other equipment or technology including without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation of transmission, computer line or network failure or any other technical or other malfunction, including without limitation damages for lost profits. Loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if foreseeable or even if the Eventsador parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including without limitation whether cause in whole or in part by negligence, acts of God, telecommunications failure or theft or destruction of the service). In no event will the Eventsador parties be liable to you or anyone else for loss, damage or injury including without limitation, death or personal injury. Some countries do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.  In no event will the Eventsador parties total liability to you for all damages, losses or causes or action exceed One Hundred Bahraini Dinars (BHD100/-)

You agree that in the event you incur any damages , losses or injuries that arise out of Eventsadors’ acts or omissions, the damages if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Eventsador parties and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by the Eventsador parties.

By accessing the service, you understand that Eventsador 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.

 

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Eventsadors’ request), indemnify and hold the Eventsador Parties harmless from and against any claims, liabilities, damages, losses and expenses including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

a.     Your Content or your access to or use of the Service

b.     Your breach or alleged breach of these Terms of Use

c.     Your violation of any third-party right including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right

d.     Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities including without limitation, all regulatory, administrative and legislative authorities

e.     Any misrepresentation made by you. You will cooperate as fully required by Eventsador in the defence of any claim. Eventsador reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you and you will not in any event settle any claim without the prior written consent of Eventsador

 

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Eventsadors’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms above (“Excluded Disputes”), you agree that all disputes between you and Eventsador (whether or not such dispute involves a third party) with regard to your relationship with Eventsador including without limitation disputes related to these Terms of Use, your use of the Service and/or rights of privacy and/or publicity will be resolved by binding, individual arbitration under the rules of the Kingdom of Bahrain. As an alternative, you may bring your claim in your local “small claims” court, if permitted by the rules of such small claims courts. You may bring claims only on your own behalf. Neither you nor Eventsador will participate in a class action or class-wide arbitration for any claims covered by this agreement. 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 Eventsador is a party to the proceeding. This dispute resolution provision will be governed by the laws of the Kingdom of Bahrain.

 

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Eventsador must be filed within six months after such claim arose; otherwise your claim is permanently barred.

 

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the Kingdom of Bahrain without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate you agree to resolve any dispute you have with Eventsador exclusively in a Ministry of Commerce or court located in the Kingdom of Bahrain and to submit to the personal jurisdiction of the courts located in the Kingdom of Bahrain for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Eventsadors’ failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Eventsador reserves the right to change this dispute resolution provision but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Eventsador.

 

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Eventsador and governs your use of the Service, superseding any prior agreements between you and Eventsador. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Eventsador. Any purported assignment or delegation by you without the appropriate prior written consent of Eventsador will be null and void. Eventsador may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Eventsador to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area or jurisdiction, at any time and in our sole discretion and to limit the quantities of any content, program, product, service or other feature that Eventsador provides.

Software related to or made available by the Service may be subject to the Kingdom of Bahrain export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the Kingdom of Bahrain has embargoed goods; or (b) to anyone on the Kingdom of Bahrain Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The effective date of these Terms of Use is 1st July 2017. These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English (UK) version, the English (UK) version prevails.

 

 

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