Terms & Conditions*

EVE and its affiliates, properties, and property owners (collectively, "Esceety" or “EVE” or “us” or “we”), provide event technology to organizations and individuals for their meetings, events, conferences, and trade shows. We require that all end users of our website and mobile applications adhere to the following terms and conditions of use (these “Terms”). These Terms govern your use of our services; any content or information therein, including EVE Platform (https://platform.evecite.com), Mobile Apps; Branded Event Apps; EVE Event App; our Web Apps (https://evecite.com), and any other website pages on which services are provided by us (collectively, the “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICES.


By accessing and using the Services, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations.

1. CHANGES TO THESE TERMS AND THE SERVICES
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on EVE’s website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to our applications or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Services (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).


2. PRIVACY POLICY
Information that you provide to us or that we collect about you and your Company through your access to and use of the Services is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

3. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Services and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Services or the Content. Such intellectual property and proprietary rights may include but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of EVE or its licensors and Content providers.

4. END USER LICENSE AND ACCESS AND USE
4.1 You may access and use the Services only for your personal use (or if accessing the Services on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Services or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Content is appropriate or available for use in your location. A reference to a product or service on our applications or websites does not imply that such product or service is or will be available in your location. The Content, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

4.2 You may not access, use, or copy any portion of our applications, websites, or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of our applications, websites, or the Content or any access to or use of our applications, websites, or the Content.

5. AGE REQUIREMENTS
No one under the age of 18 may use the Services. By using or attempting to use the Services, you represent that you meet the age requirements and that you are able to enter into legally binding contracts, including these Terms.

6. RESTRICTIONS ON ACCESS
6.1 You represent and agree that all information that you provide to us in connection with your access to and use of the Services is true, accurate, and complete to the best of your knowledge and belief. EVE reserves the right, in its sole discretion, to terminate your access to all or part of the Services, without notice or liability, for any reason, including, but not limited to the breach of any agreement between you and EVE, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Services. You may not access the Services after your access is terminated without our written approval. After terminating your access, EVE will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

7. ACCOUNTS
7.1 To set up an account with us, you will be asked to provide your first and last name, email address, password, and other personal information as may be required. You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.

7.2 You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. You agree to (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account.

7.3 You acknowledge and agree that we are authorized to act on instructions received through use of your password and account and that we may, but are not obligated to, deny access or block any transaction made through the use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.
7.4 When you register an account with us, you will be prompted to give your consent to our processing of your personal data. By indicating your consent, you expressly authorize EVE to collect and process your personal data consistent with the purposes described in our Privacy Policy.

8. END USER SUPPLIED CONTENT
8.1 You will retain ownership of all Content that you post and permit us to use. You hereby grant to EVE the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to EVE through the Services or any Content (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. In the absence of a specific agreement with EVE to the contrary, EVE will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for services, products, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future EVE operations.

8.2 You understand that we may, but shall not be obligated to, use your Content. You understand that we may remove Content from any use or material for any reason and at any time, without notice. You understand we cannot be responsible for any third-party use of your Content, even if that use is derived from our use.

8.3 By posting any Content through our Services, you provide your consent for EVE to process any of your personal data contained in such posts.

9. END USER CONDUCT

In connection with your access and use of the Services and that of any person authorized by you to access and use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.

You may not post, send, submit, publish, or transmit in connection with the Services or any Content any material that:

• you do not have the right to transmit, including proprietary material of any third party;

• advocates illegal activity or discusses an intent to commit an illegal act;

• is vulgar, obscene, pornographic, or indecent;

• does not pertain directly to the Services;

• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

• infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

• violates any law or may be considered to violate any law;

• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

• advertises any commercial endeavor or otherwise engages in any commercial activity except as may be specifically authorized or by any applicable Services Agreement;

• solicits funds, advertisers, or sponsors;

• includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

• disobeys any policy or regulations established from time to time regarding use of the Services or any networks connected to our applications and websites; or

• contains links to other sites that contain content that falls within the descriptions set forth above.

EVE reserves the right to monitor the use of the Services and Content to determine compliance with these Terms at its sole discretion, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither EVE nor any third party that provides Content to EVE will assume or have any liability for any action or inaction by EVE or such third party with respect to any Submission.

10. PROMOTIONAL AND OTHER INFORMATION
10.1 We may make information regarding specific programs, offers or promotions, which we are conducting, available on our applications and websites. Any such program, offer or promotion is subject to the specific terms, conditions, and restrictions listed on the applications and websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the applications and websites in connection with each program, offer, or promotion.

10.2 Our applications and websites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations, and/or improvements to our applications and websites, and to the products and programs described therein, at any time without notice, including after confirmation of a transaction.

11. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT

11.1 EVE respects the intellectual property of others, and, particularly as to user-generated content in comments, discussion boards, or in other user-contributed content, as applicable, we ask our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to Content or other material on any of our applications and websites or hosted on our systems that may be infringing or the subject of infringing activity.

11.2 In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent may be reached via email at info@evecite.com, and via regular mail at EVE, Extravaganza Productions, Attention: Copyright Agent, 5556 56th Commerce Park Blvd, Tampa, FL 33610.

11.3 If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) a description of the copyrighted work or other intellectual property 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;

(c) a description of where the material that you claim is infringing is located;

(d) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;

(e) 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

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

11.4 Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

11.5 Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

11.6 Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.

11.7 If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:

(a) identification of the copyrighted work that was removed, and the location where it would have been found prior to its removal;

(b) a statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and

(c) your physical or electronic signature, together with your contact information (address, telephone number, and, if available, email address).

11.8 If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

12. SECURITY

EVE takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from its applications and websites, including Secure Sockets Layer (SSL) and Hypertext Transfer Protocol Secure (HTTPS). Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Services. You agree to notify EVE immediately if you discover loss or access to such information by another party, not under your control and supervision. EVE will not be liable for any loss or damage arising from the unauthorized use of your username or password.

13. DISCLAIMER

THE USE OF THE SERVICES BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, EVE AND ITS AFFILIATES AND CONTENT PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THE SERVICES OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD-PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICES OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

14.1 In no event will EVE or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “EVE Parties”), be liable to you, your Company or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services or the Content or (b) the EVE Parties’ performance of or failure to perform their obligations in connection with these Terms.

14.2 Under no circumstances will the EVE Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Services or the Content, or the transmission of information to or from our applications and websites over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the EVE Parties will be limited in accordance with these Terms to the extent permitted by law.

14.3 Without limiting any of the foregoing, if the EVE Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Services, or your use of the Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

15. INDEMNIFICATION

You agree to defend and indemnify the EVE Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) your access to and use of the Content, the Services, and other materials, products, and services available on or through the Services and the EVE Parties; (b) your violation of these Terms; (c) your violation of any rights of any third party; and (d) your website. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

16. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 We are available by email at support@EVE.events to address any concerns you may have regarding our use of the Content. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

16.2 If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 16.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance, and enforceability), the parties’ relationship with each other, and/or our use of the Content shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

16.3 THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

16.4 THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.

16.5 CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 16.2 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

17. MISCELLANEOUS

17.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Services and the Content.

17.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

17.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.

17.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

17.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

17.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

17.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

17.8 Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities.

17.9 Discontinuation of use of the Services is your sole right and remedy for any dissatisfaction with the Services or any of the Content.


18. OTHER AGREEMENTS

If you have entered into a separate agreement with EVE with respect to your use of the Services or any Content, that agreement will supersede these Terms to the extent they are in conflict.

19. QUESTIONS

Please contact us with any questions regarding the Services or these Terms at:

EVE,

An Esceety Company

16350 Bruce B Downs Blvd, Unit 475826, Tampa, FL 33647

info@esceety.com


20. ACKNOWLEDGEMENT

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.