TERMS OF SERVICE & PRIVACY

This is the agreement that governs your use of EventDay.

Plain English Terms of Service, Security & Privacy

  • We respect your privacy
  • Only upload stuff to which you have appropriate rights
  • Respect the intellectual property rights of others
  • Don't upload or contribute profane content
  • Pay your bill on time

Acceptance / Ability to Accept

Welcome to EventDay.com operated by EventDay Inc. ("EventDay", "we" or "us").

These Terms of Service apply to all users of the EventDay Website ("Site"), including users who submit, transmit and or upload ("Submitters") content, information, presentations, slides, video, audio, images and other materials and information ("Submissions') to or made available through the Site.

BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF SERVICE.

We may modify or terminate any services offered by EventDay from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice any other user or any third party. We may also charge fees in connection with the use of all or part of the Services or modify and or waive any fees charged in connection with the Services.

Although we may attempt to notify you when major changes are made, we reserve the right to modify these Terms of Service in our sole discretion without notice and, you agree to be bound by such modifications or revisions.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the EventDay Site.

Privacy

We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our web pages, applications, and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or if it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.

Information Gathering and Usage

When you register for EventDay we ask for information such as your name, company name, email address, billing address and credit card information. Members who sign up for the free account are not required to enter a credit card.

EventDay uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact and research.

Data Storage

EventDay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Notable. Although we own the code, databases, and all rights to the EventDay application, you retain all rights to your data.

Disclosure

EventDay may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.

Changes

EventDay may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Channel or by placing a prominent notice on our site.

Questions

Any questions about this Privacy Policy should be addressed to Customer Support

EventDay Subscription Terms

Month-to-month

Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your initial order, and before your event has started, you’ll be fully refunded. Should you cancel after 14 days, or after your event has started, your payment is non-refundable and your service will continue until the end of that month’s billing period. Payments for business services such as Event Program Management, Travel, On Site Housing, Training, and Dedicated Support are non-refundable. Cancellations can be made any time by contacting EventDay Customer Support.

Annual contract, paid monthly

Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, plus applicable taxes every month for the duration of your annual contract. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period. Cancellations can be made any time by contacting Customer Support.

Annual contract, prepaid

Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by contacting Customer Support.

EventDay FOR TEAMS

Annual contract, paid monthly

Once your order is processed, service begins immediately and you (or the acting Admin) can invite team members and delegate access. You’ll be charged the sum stated at the time of purchase every month for the duration of your annual contract. This sum is based on your initial mix of products and licenses, priced at the rates stated at the time of purchase.

Team Admins can purchase additional licenses at any time. Added licenses are priced at the rates available at the time of purchase. All team licenses will co-terminate and renew automatically, on your annual contract renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period. Cancellations can be made any time by contacting Customer Support.

Annual contract, prepaid

Once your order is processed, service begins immediately and you (or the acting Admin) can invite team members and delegate access. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes.

Team Admins can purchase additional licenses at any time. Added licenses are priced at the rates available at the time of purchase and prorated based on the days remaining in your annual contract. All team licenses will co-terminate and renew automatically, on your annual contract renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by contacting Customer Support.

Annual contract, purchase order

Once your order is processed, service begins immediately and you (or the acting Admin) can invite team members and delegate access. Full payment of your annual invoice is required within 30 days of the invoice date. Overdue invoices will incur monthly interest fees totaling the lesser amount of 2% per month or the maximum rate permitted by applicable law. Interest fees will continue to amass until your invoice (including applicable interest) is paid in full. You’re responsible for reimbursing our reasonable collection costs, including attorney fees.

Team Admins can purchase additional licenses at any time, but your order may be subject to credit approval. Added licenses are priced at the rates available at the time of purchase and prorated based on the days remaining in your annual contract. Full payment for additional licenses is required within 30 days of the associated invoice date. All team licenses will co-terminate and renew automatically, on your annual contract renewal date, until you cancel. Renewal may be subject to credit approval. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by contacting Customer Support.

Questions

Any questions about billing should be addressed to Customer Support

Integration

You may integrate your EventDay account with another system such as the free edition of Google Apps and Google Apps for Business.

When you delete or remove EventDay from your Google Apps account, we do not delete or remove your data or videos. We simply "disconnect" your account from your Google Apps domain.

To remove content from the EventDay system, delete your channel in your channel setting page.

Submissions to Site

Submitter's Representations and Warranties

You shall be solely responsible for your Submissions and the consequences of posting or publishing them.

In connection with Submissions, you represent and warrant that you:

  • own or have the necessary licenses, rights, consents, and permissions to use and authorize EventDay to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.

You hereby represent and warrant that you will not:

  • Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EventDay all of the license rights granted herein.
  • Publish falsehoods or misrepresentations that could damage EventDay or any third party
  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • Impersonate another person.

Grant of License

Submitters retain all ownership rights in Submissions. However, by submitting Submissions to EventDay, you hereby grant EventDay and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the EventDay Website and EventDay's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the EventDay Site (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the EventDay Site a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service.

The above licenses granted by you in Submissions which are source files terminate within a commercially reasonable time after you remove or delete your source files from the EventDay Site. You understand and agree, however, that EventDay may retain, but not display, distribute, or perform, server copies of Submissions that have been removed or deleted. The above licenses granted by you with respect to non-source file Submissions are perpetual and irrevocable.

Standards/Conduct

EventDay does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and EventDay will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights.

EventDay reserves the right to remove Submissions at any time, without notice or recourse, should EventDay decide in its sole discretion that it is appropriate or desirable to remove a Submission.

EventDay will also terminate a user's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. EventDay also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EventDay may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the EventDay Site, you will be exposed to Submissions from a variety of sources, and that EventDay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions nor does EventDay screen or review Submissions. EventDay does not endorse any Submission or any opinion, recommendation, or advice expressed.

You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EventDay with respect thereto, and agree to indemnify and hold EventDay, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the EventDay servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, EventDay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EventDay reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including user or channel names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

Third-Party Advertising

Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to certain users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by EventDay for) the display of any such advertisements.

Confidentiality

Confidentiality. Each party agrees that company-associated data (referred to herein as the "Customer Confidential Information") is the confidential property of customer. Any materials and information pertaining to EventDay hardware, software and services (referred to herein collectively as "EventDay Confidential Information") is the confidential property of EventDay.

Customer Confidential Information and EventDay Confidential Information is referred to hereinafter collectively as the "Confidential Information." The party receiving Confidential Information, including such party's workforce, employees, officers, directors and agents (collectively, the "Receiving Party"), shall hold all Confidential Information in conficence, and shall not disclose or distribute Confidential Information, or any portion thereof, in any form or format to any person or entity except on a strict "need to know" basis for the purpose of performance of this Agreement, or as required by valid legal process.

Customer agrees it shall not copy, alter, decompile, disassemble, reverse engineer or otherwise modify or directly or indirectly disclose EventDay Confidential Information. Confidential Information shall not include information that: (i) has become public without restriction through no fault of the receiving party; or (ii) has been received lawfully, without restriction from a third party in possession of such information.

Intellectual Property Rights

All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("EventDay Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to EventDay, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. EventDay, owns a copyright in the selection, coordination, arrangement and enhancement of all EventDay Content.

EventDay Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of EventDay or the respective owners of such Submissions.

EventDay reserves all rights not expressly granted in and to the Site and the EventDay Content. You agree to not engage in the use, copying, or distribution of any of the EventDay Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any EventDay Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any EventDay Content or Submissions, or enforce limitations on use of the Site or the EventDay Content or Submissions displayed or made available therein.

Digital Millennium Copyright Act (DMCA)

Notification

IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEROF AND BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, you may submit a notification pursuant to the Digital Millennium Copyright Act (DCMA) by providing EventDay's Copyright Agent with a written notification containing at least the following information.

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  4. a description of where the material that you claim is infringing is located on the EventDay Site, sufficient for us to locate the material;
  5. your address, telephone number, and email address;
  6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

IMPORTANT: We are not your attorneys and this is not legal advice. Please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information

Counter-Notice

IF YOU BELIEVE THAT YOUR WORK HAS BEEN REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, you may send a counter- notice containing at least the following information (specified in the DCMA) to EventDay's copyright agent:

  1. a physical or electronic signature of the subscriber/user of the Services;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Post Counter-Notification

After we receive your counter-notification, we may forward it to the original complaining party. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on EventDay. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Contact Information / Acknowledgements

You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that EventDay may ignore such incomplete or inaccurate notices without liability of any kind.

UNDER SECTION 512(F) OF THE COPYRIGHT ACT, 17 U.S.C. §512(F), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

Please contact EventDay's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:

  • EventDay
  • 4835 E Cactus Road
  • Suite 225
  • Scottsdale, AZ 85354
  • United States of America
  • Attn: Legal Dept. - Copyright Agent
  • Email:Customer Support

18 U.S.C. § 2257 Compliance

All pictures, graphics, videos or other visual media displayed on the EventDay Site are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The owners and operators of the EventDay Site and Services are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the EventDay Site.

PCI Compliance

Download EventDay Attestation of Compliance, SAQ A, Version 3.0 Letter.

When we process "paid tickets" on EventDay, we do not store or transmit any card information on, to, or from EventDay servers. This information is directly handed off to either Stripe (https://stripe.com/) or Google Wallet (https://www.google.com/wallet/) or InfusionSoft (https://infusionsoft.com). All of these solutions are dedicated to storing sensitive data on servers that are compliant with the Payment Card Industry Security Standards Council (PCI).

For more information about these payments solutions and how they handle security, including PCI compliance, please see:

Research and Disclosure

If you discover a vulnerability with EventDay's information systems, report it to us first!

Do not attempt to harm EventDay, its users, or customer's data. Allow reasonable time for EventDay to resolve the issue before publishing findings publicly. Report details to support@eventday.com. Check for eligibility on the Security Reporting FAQ. Include full details and steps to reproduce.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, EventDay DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.

THE EventDay SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE EventDay SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EventDay AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

EventDay AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EventDay SERVICES. EventDay AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY EventDay SERVICE. EventDay AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY EventDay SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EventDay SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EventDay SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EventDay SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.

Limitation of Liability

EventDay, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL EventDay, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITEANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY EventDay, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

EventDay DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND EventDay WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT EventDay SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by EventDay from its facilities in the United States of America. EventDay makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless EventDay, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Site; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Governing Law/Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by EventDay.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and EventDay's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND EventDay AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY EventDay MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without written consent, but may be assigned by EventDay without restriction.

Whew!