EVITE TERMS OF SERVICE
Last updated: December 17, 2018
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Evite, Inc. ("Evite", "we" or "us") provides certain services (described below) on or through our website, www.evite.com, our mobile site (m.evite.com), our mobile application(s), and our premium service (including www.postmark.com and m.postmark.com) (together with any related websites and mobile services operated by Evite, the "Service" or the "Evite Service"). By using our Service, regardless of how you access it, by computer, or through a mobile phone or other wireless or internet enabled device (each a "Device") or otherwise, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Evite and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.
If you do not understand or agree with these Terms of Service, please do not use the Evite Service or any of its features and do not register to be a member of the Service. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at email@example.com.
BY USING ANY OR PART OF THE SERVICE OR BY COMPLETING ANY REGISTRATION OR PURCHASE PROCESS WITHIN EVITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Evite Service as long as you adhere to these Terms of Service.
The Service offers features that allow you to, among other things:
- create and send free or paid invitations to your friends;
- receive and respond to invitations;
- research party planning ideas, tips and tools; and
- access search services and content, among other things.
All content and features made available through the Service that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Service when first made available through the Service.
Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Service. Also, you must be an individual of 13 years of age or older to register or use the Service and YOU MUST BE AT LEAST 18 YEARS OLD TO USE ANY FEATURES OF EVITE POSTMARK and to purchase a Premium Pass subscription (see below for details).
In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
Evite respects the privacy of our users. Evite's policies with regard to information collected from you that identifies an individual or relates to an identifiable individual, what information third parties affiliated with Evite collect from you, and how that information is used is governed by the Evite Privacy and Data Use Policy, which may be found via a link on every page of the Evite web site at //evite.com and via our mobile applications and may be found here.
DESCRIPTION OF EVITE SERVICE
You are required to register with Evite if you want to:
- use the Address Book;
- write a review or user rating;
- submit a party idea;
- send a free or paid Evite invitation to an event;
- access your account;
- view your upcoming events and retrieve past Evite invitations;
- save and access saved information;
- view and edit your My Account Page;
- upload photos or video;
- purchase a Premium Pass subscription; and/or
- send invitations or correspondence through Evite Postmark using purchased Credits (see below for details).
Please note that not all of the above features in the previous sentence may be available at any given time and that Evite may require registration for additional features that may be developed or added to the Service from time to time. Unless otherwise indicated, you do not need to register for the Evite Service if you are simply responding to an Evite invitation or browsing through the Evite Service.
In order to register with Evite you may be required to supply a valid email address, which will be used as a unique identifier for your account, and your first name, last name, birthday, gender, country of residence and ZIP code. You will also be asked to set a password. You may also be asked to provide certain other information, including an image, interests and/or other requested information.
You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Profile Page.
You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security related to your account or the Service.
Free Online Invitations
The Message Center is a feature within an invitation that enables a user to communicate directly within the Service with an event host and selected invited guests. Messages are unique to an event and communications in Message Center are limited to hosts and guests specific to that unique event. Messages may be directed through private chat and/or group chat. By accessing the “Messages” tab within the invitation, the user may create and send messages within the Service to the event host and selected guests as they determine. Users can initiate messaging for dissemination of both private (1:1) and group (1:many) messages. Users will send and receive messages within the Service and may also opt-in to be notified by email of receipt of an in-Service message.
Premium Pass Subscription
Evite offers registered users the opportunity to purchase a "Premium Pass" subscription providing the ability for the user to send online invitations and correspondence, for duration of either 3 months or 12 months, free of any advertising, for up to 750 guests per event invitation. A Premium Pass subscription is purchased on a per user account basis. By providing payment information for your Premium Pass subscription, you are agreeing to pay a non-refundable subscription fee, and any applicable taxes and service fees ("Subscription Fee") for your use of the Premium Pass. The Subscription Fee will be charged to your credit card (the "Payment Method") upon initial purchase of your Premium Pass subscription, and automatically at the beginning of each subsequent 3 month or 12 month renewal period unless you cancel your Premium Pass subscription. The Subscription Fee charged to your Payment Method may vary from 3 month term-to-3 month term or year-to-year due to changes in your subscription plan or applicable taxes, and you authorize Evite to charge your Payment Method for this amount. All payments must be made in United States dollars. Evite reserves the right to change the pricing of the Premium Pass subscription at any time. In the event of a price change, Evite will post the new pricing for the Premium Pass subscription and attempt to notify you in advance by sending an email to the address you have registered for your Evite user account. If you do not wish to accept a price change, you may cancel your Premium Pass subscription as described in these Terms of Service. The Premium Pass subscription is effective for either 3 months or 12 months, at your option, from date of purchase and will automatically renew for the same duration unless you cancel prior to expiration of the subscription term in progress. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Evite within 60 days after they first appear on an account statement. PLEASE NOTE THAT THE SUBSCRIPTION FEE IS NON-REFUNDABLE AND ALL SALES ARE FINAL. THE PREMIUM PASS IS PERSONAL TO THE ACCOUNT HOLDER AND MAY NOT BE TRANSFERRED OR ASSIGNED. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES. You agree to immediately notify us at email@example.com of any unauthorized use relating to your Premium Pass or any other breach of security related to your Premium Pass.
Ad Free Invitations
Evite offers registered users who are hosting an event the option to remove advertisements from a free invitation on a per event basis by purchasing an Ad Free Invitation experience (“Ad Free Invitation”). By providing payment information for the one-time Ad Free Invitation, you are agreeing to pay a non-refundable fee, and any applicable taxes and service fees (“Ad Free Invitation Fee”) for the Ad Free Invitation experience. An Ad Free Invitation is purchased on a per event basis. The Ad Free Invitation is effective for one event and does not renew or extend to other events or users. You must purchase a new Ad Free Invitation for each event invitation from which you wish to remove advertisements. Multiple Ad Free Invitations may be purchased, each subject to payment of the Ad Free Invitation Fee. The Ad Free Invitation Fee will be charged to your Payment Method upon purchase of your Ad Free Invitation, and you authorize Evite to charge your Payment Method for this amount. All payments must be made in United States dollars. Please note that advertisements will appear on the free event invitation until the Ad Free Invitation Fee is paid. Once the Ad Free Invitation Fee is processed, guests will no longer see advertisements on the specific event invitation and event-related communications for which the Ad Free Invitation Fee was paid. PLEASE NOTE THAT THE AD FREE INVITATION FEE IS NON-REFUNDABLE AND ALL SALES ARE FINAL. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
As part of the Service, Evite has developed "Evite Postmark", which allows registered users to purchase Credits in order to send online invitations and correspondence that are free of any advertising.
In order to send an invitation and/or correspondence through Evite Postmark you will be required to register with Evite and purchase "Credits" through the purchase process. Any unused Credits that you have purchased will remain in your Evite Postmark account for your future use through Evite Postmark and/or for other services or features through the Evite Service, except as set forth below.
If you wish to purchase additional Credits, modify or update your Evite Postmark account or change your settings in any other way, you may do so by logging into your Evite Postmark account on the Evite Postmark site (//www.postmark.com).
You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use relating to your Evite Postmark account or the Evite Postmark Service or any other breach of security related to your Evite Postmark account or the Evite Postmark Service.
PLEASE NOTE THAT CREDITS PURCHASED THROUGH THE EVITE POSTMARK SERVICE ARE NON-REFUNDABLE AND ALL SALES ARE FINAL. CREDITS ARE PERSONAL TO THE ACCOUNT HOLDER AND MAY NOT BE TRANSFERRED OR EXCHANGED FOR ANY GOODS OR SERVICES, EXCEPT FOR THOSE EVITE POSTMARK SERVICES THAT ARE AVAILABLE AT THE TIME OF USE OF THE CREDITS.
By submitting an order to purchase Credits through the Evite Postmark Service, you authorize Evite and/or its third party payment processor to charge the credit card or Paypal account you specify for the payment amount. All payments must be made in United States dollars.
You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Evite reserves the right to collect such taxes or other fees from you at any time.
Evite reserves the right to increase or decrease the price of Credits at any time in its sole discretion without notice to you; provided that any previously purchased Credits will not be subject to any increase in price.
Evite reserves the right to increase or decrease the number of Credits required to be exchanged for a particular service, at any time in Evite's sole discretion without notice to you.
Evite reserves the right to increase or decrease the scope of services for which Credits can be exchanged, at any time in Evite's sole discretion and without notice to you.
Evite reserves the right to limit the amount of Credits you can purchase at any one time or hold in your account at any one time, in its sole discretion.
Evite reserves the right to offer Evite Postmark Credits for free or for a discount in connection with incentive programs, bonus programs, loyalty programs or other programs, and to limit participation in such programs to only certain members of the public (e.g. newly registered users of Evite Postmark, etc.).
Evite reserves the right to place restrictions on the use, expiration, redemption or timing of any Credits that are offered for free.
Unused/Abandoned/Forfeited Evite Postmark Credits
If you have not accessed your Evite Postmark account for a period of at least 24 consecutive months, then, you direct Evite (or its third party designee) to donate the then current dollar value of those Credits to a nationally recognized 501(c)(3) charity in your name, which may be a donation in the name of a collective group, such as "Former Evite Members" that does not expressly include your name.
If Evite terminates your Evite Postmark account for cause, including due to your violation of these Terms of Service, then for all unused Credits that remain in your Evite Postmark account at the time of termination, Evite will refund the then current dollar value of those Credits (as determined by the most current per credit purchase cost available on the Evite Service) to you, either through a credit to your charge card, credit to your Paypal account, check mailed to your most current mailing address or such other reasonable process as determined in Evite's sole discretion, less a fee of Twenty-Five Dollars ($25) to cover the cost of processing such refund. If there is less than Twenty-Five Dollars ($25) of Credit value remaining in your account, Evite will not seek any reimbursement from you but we will simply zero out the account. In the event that Evite fails in its attempt to refund any such amounts and is unable to locate you within five (5) business days after attempting to contact you through your most recent contact information, you agree that you direct Evite (or its third party designee) to donate the then current dollar value of those Credits to a nationally recognized 501(c)(3) charity in your name, which may be a donation in the name of a collective group, such as "Former Evite Members" that does not expressly include your name.
Termination of Evite Postmark
Evite may elect to stop offering the Evite Postmark Service at any time in its sole discretion without notice to you. If there are unused Credits that you originally paid for in your account (i.e. that were not provided to you for free) at the time that Evite ceases operating the Evite Postmark Service, Evite will refund the then current dollar value of those Credits (as determined by the most current per credit purchase cost available on the Evite Service) to you, either through a credit to your charge card, credit to your Paypal account, check mailed to your most current mailing address or such other reasonable process as determined in Evite's sole discretion.
In the event that Evite fails in its attempt to refund any such amounts and is unable to locate you within five (5) business days after attempting to contact you through your most recent contact information, you agree that you direct Evite (or its third party designee) to donate the then current dollar value of those Credits to a nationally recognized 501(c)(3) charity in your name, which may be a donation in the name of a collective group, such as "Former Evite Members" that does not expressly include your name.
Evite Mobile You may access the Service on your mobile browser at m.evite.com. In addition, you may send invitation dates and locations in a text message to your mobile phone. Evite does not charge for mobile services, but standard, message and data rates or other charges may apply from your mobile carrier. Please check your plan to make sure. To stop receiving text messages at any time, text STOP to 44636. For help, text HELP to 44636 or email email@example.com.
Evite App You may access the Service on your Device through an "Evite App" made available for download by Evite. The Evite App may allow you to access features of the Service and/or provide dedicated features only available through the Evite App. If you download the Evite App, Evite may require you to update the version of the Evite App from time to time in order to continue to use the Service through the Evite App. If you are accessing the Evite App through an Apple Device, then the following additional terms and conditions are applicable to you and are incorporated into these Terms of Service by this reference:
- To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms of Service are entered into between you and Evite and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
- The license granted to you in these Terms of Service is also subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: //www.apple.com/legal/itunes/us/terms.html).
- You acknowledge that Evite, and not Apple, is responsible for providing the Service and Content thereof.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
- Notwithstanding anything to the contrary herein, and subject to these Terms of Service, you acknowledge that, solely as between Apple and Evite, Evite, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
Other Features Evite may provide additional features from time to time through the Service, which Evite may make available for your use in its sole discretion. Additional features made available by Evite may be designated as in "beta". A feature or service that is in "beta" means that it is a work in progress and may not be fully functional, but that is being offered to test the feature or service and to develop its utility for the Evite community.
LICENSE TO USE THE SERVICE
Subject to your compliance with these Terms of Service, Evite grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of this Service and not to download (other than page caching) or modify it, or any portion of it, except with Evite's express written consent. The foregoing license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Evite's express written consent. Use of the Service that constitutes abuse shall be determined by Evite, in its sole discretion. Evite reserves the right to terminate your account if Evite determines you have not complied with these Terms of Service.
RESTRICTION ON USE OF CONTENT
You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
Modification of the Content or use of the Content for any purpose other than for your use of the Service, including use of any such Content on any other web site or networked computer environment, is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Service, including the Content.
The "Evite" name, the "EVITE POSTMARK" name, and their related stylized logos are registered and/or trademarked marks of Evite. Our partners may also have additional proprietary rights in the content which they make available through the Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
MATERIALS SUBMITTED THROUGH THE SERVICE
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or sent by you to or through the Service. All Materials posted or sent by you, are your sole responsibility. By posting or sending Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Evite does not control the Materials posted or sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.
UNDER NO CIRCUMSTANCES WILL EVITE BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
You agree that if you post any Materials through the Service, you automatically grant to Evite, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, publicly perform, transmit, modify, publish, translate, adapt, redistribute, sublicense and reproduce such Materials to other users of the Service and to third parties with whom Evite has a relationship. You also grant Evite the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party as permitted in Evite’s Privacy and Data Use Policy; (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Evite, the Service visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
RESTRICTIONS ON USE OF THE EVITE SERVICE
You agree not to do the following on or through the Evite Service:
- Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
- unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
- defamatory; libelous or invasive of another's privacy;
- fraudulent or tortious;
- vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
- protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
- a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
- an unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity;
- any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Use the Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Service in a commercial manner, unless otherwise expressly allowed by Evite.
- Use the Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined in Evite's sole discretion.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of Evite's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
- Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service.
- Create a database by systematically downloading and storing content from the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
- Engage in any other conduct which, in Evite's sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Evite has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
You agree to indemnify, defend and hold harmless Evite, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns ("Evite Parties") from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation (all of the foregoing, "Claims and Losses"). You agree to cooperate as required by Evite Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Evite Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses, and reserve the right to assume the defense and control of any Claims and Losses.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. EVITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EVITE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT EVITE DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO EVITE FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. EVITE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT EVITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EVITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH EVITE OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT EVITE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVITE’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS OF SERVICE, EXCEED AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID EVITE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S), OR (II) ONE HUNDRED DOLLARS ($100).
TERMINATION AND MODIFICATION OF THE SERVICE
You agree that we, in our sole discretion, may terminate your password, account, Premium Pass subscription or Evite Postmark account (or any part thereof) or use of the Service, and remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law,and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service is available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
The Service is controlled and operated by Evite from the United States, and is not intended to subject Evite to the laws or jurisdiction of any territory other than that of the United States. Evite does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Evite. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any statutes of limitations or other law to the contrary. Within this period, any failure by Evite to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Evite may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Evite's express prior written consent. These Terms of Service will inure to the benefit of Evite's successors, assigns and licensees.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This is the entire agreement between you and Evite relating to the subject matter herein and may not be modified by you.
Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms of Service, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls.
Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact our Copyright Agent for Notice of claims of copyright infringement at:
Registered Copyright Agent
600 Wilshire Blvd. 4th Floor
Los Angeles, CA 90017
It is often difficult to determine if your copyright has been infringed. Evite may elect to not respond to notices that do not substantially comply with all of the foregoing requirements, and Evite may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the copyright law requirements.
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to firstname.lastname@example.org. You may also contact us by writing to Evite, Inc., 600 Wilshire Blvd. Suite 400, Los Angeles, CA 90017, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MODIFICATIONS TO THESE TERMS OF SERVICE
Evite reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with these Terms of Service or any changes thereto, please do not continue using this Service.
© Evite, Inc. 2019. All rights reserved.