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General Conditions of Use
Welcome
to EventLinks.com. Your use of EventLinks.com is
expressly conditioned on your acceptance of and agreement to the
following Terms of Use Agreement (the "Agreement").
This Agreement sets forth the terms and conditions which apply to
your use of the EventLinks.com web site. By using this site,
you agree to abide by this Agreement. In addition, when using specific
services or entering contests or sweepstakes, you agree to abide
by any guidelines or rules posted in connection with such services,
contests or sweepstakes, all of which are hereby incorporated by
reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part
of this Agreement, you must not use this site.
EventLinks.com reserves the right to modify this Agreement
at any time. Your continued use of this site following the posting
of any changes to this Agreement means that you accept and agree
to abide by such changes. If you do not comply with this Agreement
at all times when using this site, EventLinks.com reserves
the right to deny or restrict your access to this site. The terms
and conditions of this Agreement shall apply regardless of the means
by which EventLinks.com web site was accessed, including,
but not limited to, through the URL address, electronic mail, or
links from other sites.
1.
USE OF EVENTLINKS.COM
You
agree to use EventLinks.com only for purposes which are
lawful in every country and jurisdiction in the world and all subdivisions
thereof. EventLinks.com neither endorses the contents of
any User communications nor assumes responsibility for any unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful,
vulgar, obscene, indecent, lewd, lascivious, filthy, excessively
violent, offensive, or otherwise objectionable material contained
therein, any infringement of third party intellectual property rights
arising therefrom, or any crime facilitated thereby.
Any attempt to gain unauthorized
access to EventLinks.com's computer systems is prohibited.
Not all areas of EventLinks.com may be available to you. You
shall not interfere with any other User's use and enjoyment
of EventLinks.com or another entity's use and enjoyment of
similar services.
EventLinks.com may terminate
any and all information, communication(s), and/or posting(s),
at any time, without notice, for conduct that violates this
Agreement or other policies or guidelines set out by EventLinks.com
elsewhere on this web site. EventLinks.com may delete any
and all information, communication(s), and/or posting(s) for
online conduct that EventLinks.com believes is harmful to
other Users, the business of EventLinks.com, its affiliates,
or other third-party information providers.
Eligibility. You must be eighteen or over to register as
a member of EventLinks.com or use
the Website. Membership in the Service is void where prohibited.
By using the Website, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and
to abide by all of the terms and conditions of this Agreement.
EventLinks.com provides a collection of online resources, including
classified ads, forums, event listings and various email services,
(referred to hereafter as "the Service") subject to the following
Terms of Use ("Terms"), which may be updated by EventLinks.com from
time to time. EventLinks.com will provide notice of materially significant
changes to the Term by posting notice on the EventLinks.com site.
You can review the most current version of the Terms at:
http://www.eventlinks.com/EL/terms_of_use.htm. By using the
Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular EventLinks.com services, you
agree to abide by any applicable posted guidelines for all EventLinks.com
services, which may change from time to time. Should you object
to any term or condition of these Terms, any guidelines, or any
subsequent modifications thereto or become dissatisfied with EventLinks.com
in any way, your only recourse is to immediately discontinue use
of EventLinks.com.
2.
USE OF CONTENT PROHIBITED
EventLinks.com prohibits the use, copying, distribution, transmission,
display, performance and exploitation in any form or manner of any
and all copyrighted or trademarked content on this web site (which
includes, without limitation, any and all articles, text, graphics,
logos, advertisements, video clips, music clips, still photographs
and software)(collectively, "Content") without EventLinks.com's
express prior written consent. Further, the computer code that EventLinks.com
creates to generate its web site pages is protected by copyright and
any copying or adapting of such code is strictly prohibited. You understand
that all postings, messages, text, files, images, photos, video, sounds,
or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for all Content that you post, email or otherwise make
available via the Service. You understand that EventLinks.com does
not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the EventLinks.com site and Content available
through the Service may contain links to other websites, which are
completely independent of EventLinks.com. EventLinks.com makes no
representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any
other webites is at your own risk. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will
EventLinks.com be liable in any way for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that EventLinks.com does not pre-screen or approve Content, but that
EventLinks.com shall have the right (but not the obligation) in its
sole discretion to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the Terms or
for any other reason.
3.
REGISTRATION
To access certain areas or features of this web site, you
may be asked to register as a member of EventLinks.com and to provide
EventLinks.com with certain information about yourself. EventLinks.com
uses this information to improve this site and to create content
that is more beneficial to our Users. EventLinks.com maintains the
privacy of your information as set forth in our Privacy Policy.
You are responsible for providing EventLinks.com with true and accurate
information about yourself as requested. If you provide any information
that is untrue or inaccurate, or which EventLinks.com reasonably
believes is untrue or inaccurate, EventLinks.com reserves the right
to suspend or terminate your membership.
4.
RULES OF CONDUCT FOR MESSAGE BOARDS AND CHAT ROOM
You are solely responsible for any and all Content posted by you on
any EventLinks.com Message Board or Chat Room. You also are solely
responsible for, and assume any and all risks associated with, reviewing
and/or using any Content posted on Message Boards or Chat Rooms. EventLinks.com
does not endorse, edit, verify, vouch for, or control any Content
posted on this web site by Users, and does not guarantee the accuracy
or appropriateness of any Content posted by Users. Users may be held
legally liable for any Content posted to this web site, and may be
held legally accountable if the Content they post include(s) material
that infringes any patent, trademark, trade secret, copyright or any
other intellectual property or the proprietary right(s) of any person
or entity. EventLinks.com reserves the right to monitor any of its
Message Boards and Chat Rooms at any time to ensure that these rules
are being observed.
By using EventLinks.com Message Boards and/or Chat Rooms, you may
be exposed to Content which is offensive, indecent or otherwise
objectionable to you. If you believe that any such Content violates
this Agreement, we encourage you to click
here and visit our customer service Web site to contact us.
EventLinks.com reserves the right to modify or remove anything submitted,
posted, or uploaded to EventLinks.com, at any time for any reason
without prior notice. Postings which violate this Agreement may
be deleted upon discovery and EventLinks.com reserves the right
to terminate or restrict access to this site of the responsible
User(s). However, under no circumstances will EventLinks.com be
liable for any errors, omissions, or offensive material contained
in any Content posted by Users, or for any loss, liability, claim,
damage, or expense (including reasonable attorney's fees) arising
from or in connection with your use of any Content posted by any
Users.
You agree not to collect or store personal data about other users
or members, or to submit any message board posting, e-mail, and/or
chat room statement that contains or provides links to:
1. Any material that is unlawful, threatening, abusive, harassing,
tortuous, defamatory, invasive of Privacy or publicity rights, hateful,
vulgar, obscene, profane, harmful, libelous, indecent, racially,
ethnically, or otherwise objectionable (including, but not limited
to, posting the private information of other parties);
2. Any material that impersonates any person or entity, or falsely
states or otherwise misrepresents your affiliation with a person
or entity;
3. Any false "header" (the legend attached to e-mail
messages to show the message's point of origin, route, and destination),
falsely configured e-mail or otherwise manipulate identifiers in
order to disguise the origin of any Content uploaded, posted, e-mailed
or otherwise transmitted through EventLinks.com. Headers of e-mail
messages may not be removed or altered to conceal e-mail addresses;
4. Any Content that you do not have a right to transmit under any
law or any contractual or fiduciary relationship (such as inside
information, trade secrets, and other proprietary information and/or
confidential information);
5. Any material that violates or infringes in any way upon the
rights of others, including, without limitation, any patent, trade
secret, right of privacy, right of publicity, copyright or trademark
rights; this includes "warez" (copyrighted software that
is distributed illegally), "MP3" files of copyrighted
music, copyrighted photographs, text, video, or artwork;
6. Any material containing any unsolicited or unauthorized advertising
or commercial solicitation of any kind whatsoever, including, without
limitation, distribution of unsolicited e-mail using an EventLinks.com
address or containing any references to EventLinks.com ("spam"),
"junk mail," "chain letters," "pyramid
schemes," or any use of distribution lists to any person or
entity who has not given specific permission to be included on such
a list.
7. Any material that contains software viruses or any other computer
code, programs, files, corrupted data, or any other harmful or damaging
component designed to interrupt, impair, destroy, or limit the functionality
or operability of any computer system, software, hardware, or telecommunications
equipment;
8. Any material that constitutes "stalking" or any other
form of harassment of any member or User of EventLinks.com or any
other person;
9. Any material containing nudity, pornography, or sexual material
of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature
or intent, or that violates local, state, national, and/or international
laws;
10. Content that promotes, encourages, or provides instructional
information about any illegal activities or any material which encourages
conduct that would violate any law or give rise to civil or criminal
liability under any law. (including, but not limited to, "hacking,"
"cracking," or "phreaking");
11. Any raffle, contest, or game requiring payment of a fee or
other consideration by participants;
12. Any hate propaganda or hate mongering, swearing, or fraudulent
material or activity;
13. Any Content that advertises or promotes any product or service;
14. Any Content that solicits funds, advertisers or sponsors;
15. Any Content that disrupts the normal functioning of the Chat
Room or Message Board; or
16. Any Content or activity that EventLinks.com, in its
sole discretion, deems inappropriate for its Message Boards and/or
Chat Rooms.
5.
LINKS TO THIRD PARTIES
EventLinks.com contains hyperlinks to external locations (e.g.,
other web sites) controlled by third parties. These links are provided
solely as a convenience to you, and do not imply an endorsement
by EventLinks.com or that any affiliation exists between EventLinks.com
and the linked web site. You agree that EventLinks.com is not responsible
for the availability of these external locations, or other content
including, without limitation, solicitations thereon or products
or services made available thereby. EventLinks.com has not necessarily
reviewed, and does not necessarily endorse, Content at linked web
sites, and is not responsible for such Content or for your use of
such Content. You acknowledge that some external locations may contain
material or communications which are unedited, untrue, or illegal
in some jurisdictions or that may be offensive. You agree to access
external locations at your own risk and not to permit minors to
have access to inappropriate material. You agree that EventLinks.com
shall not be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused in
any way whatsoever related to any such external location. Any concerns
regarding any external location should be directed to its respective
web site administrator, system operator, or web master.
6.
EVENTLINKS.COM TRADEMARKS
The EventLinks.com name and logo, www.eventlinks.com
and " EventLinks.com's Home Page" are trademarks
of EventLinks.com. and may not be used or copied in any manner
without the express prior written consent of EventLinks.com.
All other trademarks appearing on this web site are the trademarks
of their respective owners.
7. NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
EventLinks.com respects intellectual property rights and
reserves the right, in its sole discretion, to restrict the access
of Users who infringe the rights of copyright holders, and to remove
or disable access to infringing material. If you are a copyright holder
and believe that any Content appearing on any EventLinks.com
web site constitutes copyright infringement, please provide EventLinks.com
with the information requested below. EventLinks.com notification
requirements listed below are intended substantially to conform to
the copyright infringement notification requirements of the Online
Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
To be effective under this subsection, a notification of claimed
copyright infringement must be a written communication provided
to the designated agent of a service provider that includes substantially
the following:
i. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
ii. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
iii. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted;
v. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Please forward the above information, in writing, to EventLinks.com's
designated agent for notification of claimed copyright infringement:
EventLinks.com
P.O. 1338
Grand Central Station
New York, NY 10163
E-Mail: info@eventlinks.com
212-330-7990
If you have any general questions about EventLinks.com
please click here
and visit our customer service Web site.
8. SUBMISSIONS
EventLinks.com is pleased to hear from its loyal fans and
welcomes your comments regarding EventLinks.com. However, EventLinks.com
does not accept or consider creative ideas, suggestions, or materials
other than those it has specifically requested. This policy is designed
to avoid misunderstandings if projects developed by EventLinks.com's
professional staff seem to others to be similar to their own creative
work. Accordingly, EventLinks.com requests that your comments relate
to those services and products offered by EventLinks.com, and that
you not submit any creative ideas, suggestions, or materials.
If, at the request of EventLinks.com, you send certain specific
submissions (e.g., postings to chat, boards, or sweepstakes) or,
without the request of EventLinks.com, you send EventLinks.com creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall
be deemed, and shall remain, the property of EventLinks.com. None
of the Submissions shall be subject to any obligation of confidence
on the part of EventLinks.com and EventLinks.com shall not be liable
for any use or disclosure of any Submissions. Without limitation
of the foregoing, EventLinks.com shall exclusively own, and by sending
your Submissions, you hereby exclusively grant to EventLinks.com,
all now-known or hereafter existing rights to the Submissions of
every kind and nature throughout the universe, for use by all means,
manners, methods and media, now known or hereafter devised, and
EventLinks.com and its successors and assigns shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
9. DISCLAIMER
THE EVENTLINKS.COM SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING
OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. EVENTLINKS.COM
DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE
ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE
IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW.
EVENTLINKS.COM DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED,
OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION,
SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION
WITH E! ONLINE. NEITHER EVENTLINKS.COM, NOR ITS AFFILIATES, THIRD
PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY
GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE,
RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED
BY EVENTLINKS.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF EVENTLINKS.COM IS DOWNLOADED
AT THE USER'S OWN RISK.
THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE
COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT
OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL
OR INFORMATION THE USER OBTAINS FROM EVENTLINKS.COM.
10.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL EVENTLINKS.COM, ITS
AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR
RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY,
" EVENTLINKS.COM PARTIES"), BE LIABLE, REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR ABSENSE OF AUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN THE EVENTLINKS.COM WEB SITE, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER
NO CIRCUMSTANCES AND IN NO EVENT SHALL EVENTLINKS.COM ANY OF THE
PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR
RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE
EVENTLINKS.COM WEB SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING
USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY EVENTLINKS.COM
PARTY HAS BEEN ADVISED OF (OR IF ANY EVENTLINKS.COM PARTY IS AWARE
OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE
LIABILITY OF ALL E! ONLINE PARTIES ARISING OUT OF OR RELATING TO
THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE
EventLinks.com WEB SITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT
PAID BY THE USER, IF ANY, TO ACCESS THE EVENTLINKS.COM WEB SITE.
11.
INDEMNIFICATION
User agrees to indemnify and hold harmless, and at EventLinks.com's
request, defend the EventLinks.com Parties and their respective
parents, subsidiaries, affiliates, partners, agents, employees,
directors, officers, shareholders, members, and other owners, from
and against any and all claims, actions, demands, liabilities, losses,
damages, judgments, penalties, settlements, costs and expenses (including
reasonable attorney's fees and costs) (hereinafter referred to as
"Losses") insofar as such Losses (or actions in respect
thereof) arise out of, are based on, or relate to: (i) your use
of the EventLinks.com web site; or (ii) any misrepresentation of
any information, representation or warranty, or breach of this Agreement
or any other covenant or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s)
against any EventLinks.com Party based on User's conduct or use
of EventLinks.com's web site or services, User agrees to compensate
all EventLinks.com Parties (including their respective officers,
directors, employees and agents) for any and all Losses in connection
with any such claim, lawsuit or proceeding.
12. INDEPENDENT INVESTIGATION
EventLinks.com reserves the right to investigate suspected
violations of the terms and conditions of this Agreement whenever
EventLinks.com becomes aware of possible violations. Such an investigation
may include gathering information from User and the complaining party
and reviewing materials on EventLinks.com's servers. During an investigation,
EventLinks.com may remove any and all disputed material from EventLinks.com's
servers.
If EventLinks.com believes, in its sole discretion, that a violation
of the terms or conditions of this Agreement has occurred, EventLinks.com
may take any action it deems appropriate under the circumstances
known to it, which may include removal of material from EventLinks.com's
servers, warnings and/or suspension or termination of User account(s).
Violations also could subject User to criminal or civil liability.
13.
JURISDICTIONAL ISSUES
This web site is controlled and operated by EventLinks.com
from its offices within the State of New York, United States of
America, and is intended for use only by residents of the United
States, its territories and possessions. EventLinks.com makes no
representations or warranties that the Content of this web site
is appropriate or lawful in any foreign countries, or that any items
offered for sale on the web site will be available outside the United
States. Those who choose to access this web site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
14.
GOVERNING LAW
The formation, construction and interpretation of this Agreement
shall in all respects be governed by and construed in accordance
with the laws of the United States and the State of New York, U.S.A.,
as such law applies to agreements between New York residents entered
into and wholly performed within New York, without giving effect
to any principles of conflicts of laws. This Agreement shall not
be governed by the United Nations Conventions of Contracts for the
International Sale of Goods, the application of which is hereby
expressly excluded from any interpretation of this Agreement. By
using this site, you hereby consent to the exclusive personal jurisdiction
and venue of the State and Federal Court of the State of New York,
U.S.A. It is hereby agreed that any action at law or in equity arising
under this Agreement and/or your use of the EventLinks.com web site
shall be finally adjudicated or determined in any court or courts
of the State of New York or of the United States of America, in
Kings County, New York, and the parties hereto hereby submit generally
and unconditionally to the personal and exclusive jurisdiction and
venue of these courts in respect to any such matter and consent
to service of process by any means authorized by New York law.
15.
ACCEPTANCE
Your use of EventLinks.com constitutes acceptance of this Agreement.
You hereby waive any and all defenses you may have based on the
electronic form of this Agreement and lack of signing or other form
of electronic execution by the parties hereto. You agree to abide
by the terms and conditions of this Agreement and any additional
terms, conditions, rules or procedures imposed by EventLinks.com
or by third party content providers in connection with third-party
content, software or services available on, through or in connection
with EventLinks.com.
16.
AMENDMENTS
EventLinks.com reserves the right to automatically amend this Agreement
at any time by posting the amended terms and conditions to this
"Terms and Conditions of Use" section of the EventLinks.com
web site. Such amendments will be effective when posted.
17.
ACTS OF GOD
EventLinks.com shall be excused from its obligations for any period
to the extent that EventLinks.com is prevented from performing,
in whole or in part, its obligations under this Agreement, as a
result of any acts of God, any action(s), regulation(s), order(s)
or request(s) by any governmental or quasi-governmental entity (whether
or not the action(s),regulations(s), order(s), or request(s) prove(s)
to be invalid), Internet failure, equipment failure, earthquake,
war, fire, flood, explosion, unusually severe weather, hurricane,
embargo, labor dispute or strike (whether legal or illegal) labor
or material shortage, transportation interruption of any kind, work
slow-down, civil disturbance, insurrection, riot, foreign or domestic
court order, third party non-performance (including the acts or
omissions of any suppliers, agents, or subcontractors) or any other
cause beyond EventLinks.com's reasonable control affecting production
or delivery in any manner, including failure or fluctuations in
electrical power, heat, light, air conditioning or telecommunications
equipment or lines or other equipment, whether electronic or otherwise.
18.
WAIVER
EventLinks.com's failure to enforce strict performance of any provision
of this Agreement will not constitute a waiver of EventLinks.com's
right to subsequently enforce such a provision or any other provision
of this Agreement, nor will any delay or omission on the part of
EventLinks.com to exercise or take advantage of any right or remedy
that EventLinks.com has or may have hereunder operate as a waiver
of any right or remedy.
19.
SEVERABILITY
In the event that any of the provisions of this Agreement shall
be held by a court or other tribunal of competent jurisdiction to
be invalid or unenforceable, the remaining portion hereof shall
remain in full force and effect and such provision shall be enforced
to the maximum extent possible so as to effect the intent of the
parties and shall be reformed to the extent necessary to make such
provisions valid and enforceable.
20.
HEADINGS
Division of this Agreement into sections and the use of headings
are for convenience of reference only and shall not modify or affect
the interpretation or construction of this Agreement, or any provision
hereof.
21.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed
on or through the Service is 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 Sites or the collective work
is prohibited. Copying or reproducing the sites or any portion thereof
to any other server or location for further reproduction or redistribution
is prohibited. You further agree not to reproduce, duplicate or
copy Content from the Service, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile
or disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. EventLinks.com
is a registered mark in the U.S. Patent and Trademark Office.
Although EventLinks.com does not claim ownership of content that
its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you
have the right to grant, to EventLinks.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant
and authorize sublicenses (through multiple tiers) of the foregoing.
22.
MERGER CLAUSE
This Agreement constitutes the entire agreement between you and
EventLinks.com concerning the subject matter contained herein and
supersedes all prior or contemporaneous representations, proposals,
conditions, communications, and agreements, whether oral or written,
between the parties relating to the subject matter herein and all
past courses of dealing or industry custom. The subject matter herein
may not be modified except by EventLinks.com.EVENTLINKS.COM
RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT AT ANY TIME
WITHOUT PRIOR NOTICE. SAY SUCH CHANGES SHALL TAKE EFFECT UPON POSTING
ON THE EVENTLINKS.COM
WEB SITE. BY USING EVENTLINKS.COM, YOU SIGNIFY YOUR EXPLICIT CONSENT
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE
EVENTLINKS.COM.
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