Acceptance of Terms: This document, referred to as "Terms", represents a binding agreement between you and eVentGuru, Inc., a corporation registered in Delaware, along with our subsidiaries (together referred to as "eVentGuru", "we", or "us"). It governs your use of all platforms (including web and mobile) and properties owned or operated by eVentGuru, as well as all products and services provided by eVentGuru or third-party providers to professionals ("Pros") in relation to these platforms (together, the "Services"). By accessing and using the Services, you confirm that you have read, understood, and agree to adhere to these Terms and our Privacy Policy. If you do not accept these Terms, please do not use the Services.
Please be aware that these Terms include a waiver of collective legal action (class action waiver), disclaimers of warranties and liability, and include a provision where you release and indemnify us.
Terms Update Policy: Changes to these Terms will become effective as soon as they are posted. We encourage you to review the Terms each time you use the Services. Your ongoing use of the Services following any updates indicates your acceptance of and agreement to these changes. Additionally, you waive any entitlement to specific notification about such modifications.
Confirmation of Eligibility: By agreeing to these Terms, you confirm that you are at least 18 years old and possess the legal capacity to enter into and abide by this agreement. If you are using the Services on behalf of a company or another legal entity, you are asserting that you have the necessary authority to commit that entity to these Terms. In such cases, the terms "you" and "your" will apply to both yourself and the entity you represent.
Information on Privacy Practices: Our Privacy Policy outlines the methods we use for collecting and utilizing user information. This policy is accessible through the "Privacy Policy" link located on our homepage and various other sections within the Services.
Functionality of Our Services: eVentGuru serves as a platform that links party organizers and other third parties (referred to individually as a “User” and collectively as “Users”) with various service providers (each referred to as a “Business,” “you,” or “your,” and together as “Businesses”). Our aim is to assist Users and others in exploring engaging photographs, staying informed about the latest trends, and choosing a professional based on their specific preferences and priorities.
Position on Third-Party Services: eVentGuru does not sponsor, endorse, recommend, or approve any professional ("Pro") offering products or services via the Services. The mention of any products, services, or other information, whether by trade name, manufacturer, supplier, or otherwise, should not be seen as an endorsement, sponsorship, or recommendation by us. All trademarks, product names, and logos related to non-eVentGuru entities appearing on our Services are the property of their respective owners.
External Content in Services: The Services may include links to external websites, advertisements, services, offers, or other forms of content (together referred to as “Third Party Materials”). eVentGuru does not own or exercise control over these Third Party Materials. Their inclusion in our Services is solely for your convenience and reference and should not be interpreted as an endorsement, sponsorship, or recommendation by eVentGuru.
USAGE TERMS AND INTELLECTUAL PROPERTY RIGHTS OF EVENTGURU
Issuance of Limited License: As a professional ("Pro") operating within your professional scope, eVentGuru grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and utilize the Services. This is specifically for the purpose of offering information, products, and services in a manner consistent with the objectives and scope of the Services.
Protection And Usage Restrictions of eVentGuru Services: The Services, including all content, materials, information, as well as the organization and presentation of such information ("Materials"), are the exclusive property of eVentGuru, its suppliers, and licensors. They are safeguarded by U.S. and international laws pertaining to intellectual property, trademarks, and copyrights. You are obligated not to modify, conceal, or remove any notices of copyright, trademark, or other proprietary rights included in or linked to the Services. Beyond the limited license explicitly granted to you under these Terms, no additional license is implied or granted to you in any form, and all other rights are expressly reserved.
Prohibition of Reverse Engineering: You are prohibited from reverse engineering, decompiling, or disassembling the Services, except in cases where such actions are expressly permitted by applicable law.
Restrictions on Automated Queries: The use of automated web queries, including but not limited to screen and database scraping, spiders, robots, crawlers, and other automated activities in connection with the Services, is prohibited. However, a limited exception is granted to general-purpose Internet search engines and non-commercial public archives that use such tools solely for creating hyperlinks to the Services. This exception is conditional on the use of stable IP addresses or a defined range of IP addresses and an easily identifiable agent.
Prohibited Actions: You are not permitted to frame or replicate any portion of our Services. The Services should only be used through the means that are explicitly and intentionally provided or intended for them. Harvesting information about users of the Services for any purpose is strictly prohibited. Additionally, you must not use the Services in a way that could potentially harm, disable, overburden, or impair the Services, nor should your usage cause harm to eVentGuru, its service providers, suppliers, or any other individual.
Requirement for Accurate Information: You are required to promptly complete and maintain your profile for the Services, and to provide any additional information eVentGuru may reasonably request. It is crucial that the information you provide is accurate, complete, and kept up-to-date at all times. You are also expected to include a link to your eVentGuru profile on your website with the text “Review my parties and endorsements on eVentGuru.” You must keep your password confidential and immediately notify us of any unauthorized account usage. You are responsible for all activities conducted through your account, regardless of your awareness.
Accountability for User Contributions: The Services may allow you and other users to post text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, techniques, data, or other types of content (“User Submissions”). You are solely responsible for your User Submissions and the implications of posting them. Additionally, you acknowledge that eVentGuru may collect information about you or your business (“Pro Data”).
License Grant for User Submissions: By providing User Submissions and Pro Data, you grant eVentGuru a global, non-exclusive, royalty-free, fully paid, perpetual, irrevocable license, with the right to sublicense and transfer, to use, copy, distribute, create derivative works, display, publish, broadcast, perform, utilize, import, sell, and exploit all related copyrights, inventions, and intellectual property rights in all media formats. No compensation will be provided for User Submissions or Pro Data.
Prohibition of Inappropriate Content: You confirm that you hold exclusive rights to your User Submissions. You agree not to post, share, or link any content that infringes on third-party rights, violates laws, or is deceptive, fraudulent, threatening, defamatory, obscene, or otherwise unacceptable as determined by eVentGuru.
Restrictions on Content Posting: You agree not to post, share, or link to any content that: (i) redirects individuals to other locations offering similar products or services as ours; (ii) involves unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any forms of solicitation; or (iii) promotes gambling, gaming, raffles, lotteries, sweepstakes, or any activities involving prizes.
Monitoring User Submissions: While we do not endorse or take responsibility for User Submissions, we reserve the right (but are not obligated) to remove or modify them at our discretion.
Professional Competence and Licensing: You commit to only seek, accept, and perform work for which you have the necessary qualifications, experience, and skills. Work should be completed with a high standard of professionalism and in compliance with industry standards. You also agree to maintain valid licenses and authorizations as required for your work.
Additional Professional Requirements: You agree to comply with requests for information from eVentGuru, including submitting to background checks, credit checks, and assessments of character and reputation by third-party providers.
Obligation to Update Information: You are required to promptly inform us if: (i) any provided information or relevant personal details change; (ii) a complaint is raised by a User regarding your services; (iii) you receive notification of any complaint, investigation, fine, or adverse action related to your professional license by a governmental authority; or (iv) there is any termination, suspension, or lapse in your professional license, insurance, or bonding.
Handling User Information: eVentGuru may share personal information of individuals seeking your services. You are prohibited from renting, selling, or sharing this information with others and must not use it in ways that violate these Terms or for unintended purposes.
e Number: You acknowledge and consent that the telephone number listed for your business in the Services may be a call forwarding number provided by eVentGuru, different from your personal or business phone number. eVentGuru uses this number to enhance its products, services, and support to professionals.
Obligation of Confidentiality: If you receive any confidential information from eVentGuru, you agree to keep it confidential and not disclose it to any third party or use it except as necessary to fulfill your obligations under our relationship. Confidential information includes, but is not limited to, details about fees, marketing strategies, financial data, pricing schedules, product assortments, future plans, proprietary technology, research data, practices, trade secrets, and any other information considered confidential by eVentGuru and not publicly known.
Status as Independent Contractor: You recognize that you are an independent contractor under these Terms, and no agency, partnership, joint venture, or employee-employer relationship is formed between eVentGuru and you. You have no authority to make any commitments on behalf of eVentGuru. You are solely responsible for managing, compensating, and providing benefits for your employees, as well as handling all related withholdings.
SUBSCRIPTION SERVICES
Overview of Subscription Services: eVentGuru and the professional ("Pro") may agree on the duration, fees, and other specifics of a Subscription Service as outlined in a specific contract (“Subscription Contract”). The “Subscription Term” refers to the period during which the Customer can use and access the Subscription Service, starting from the “Effective Date” specified in the Subscription Contract.
Acknowledgement of Service Outcomes: You acknowledge that eVentGuru cannot guarantee specific outcomes from any Subscription Service, including the level of exposure received or the number and quality of potential customers contacting you. However, Businesses should understand that the extent and quality of their information (like profile data, party activities, and endorsements) will enhance their visibility within the Services. Businesses agree to promptly create and populate their profiles with detailed information upon subscribing.
Duration of Subscription: The “Initial Subscription Term” for a Subscription Service starts from the day it becomes available to the Pro and lasts for the duration specified in the Subscription Contract. Following the Initial Subscription Term, unless terminated, the service will automatically renew for successive “Renewal Subscription Term” until terminated by the Pro. Termination of either the Initial Subscription Term or the Renewal Subscription Term must follow the specified termination procedure.
Billing Authorization: As a professional ("Pro"), you authorize eVentGuru to charge your credit card on the first day of the Initial Term, and subsequently during the Initial Term as detailed in the Confirmatory Email. For instance, if the Confirmatory Email outlines a one-year Initial Term with monthly payments, your credit card will be billed the specified monthly amount on the first day of the Initial Term and on the same day each subsequent month. If the Initial Term requires prepayment for a year, your credit card will be charged the total annual amount on the first day of the Initial Term, with no further billing during this term.
You also authorize eVentGuru to bill your credit card on the first day of each Renewal Term for the amount specified in the Subscription Service. For example, if a monthly Renewal Term is indicated in the Confirmatory Email, your credit card will be billed the specified monthly amount on the first day of each month. If the Service Contract specifies a quarterly Renewal Term, the billing will occur on the first day of each quarter.
You agree to promptly inform eVentGuru of any changes to your credit card details necessary for processing payments. If eVentGuru cannot process a payment, you are responsible for arranging an alternative payment method and covering any associated processing fees. Prepaid amounts are generally non-refundable, except as explicitly stated in these Terms.
Late Payment Penalties: As a professional ("Pro"), you agree to a late fee of 1% per month on delayed payments (or the highest rate allowed by law, if lower). You also agree to reimburse eVentGuru for reasonable expenses, including fees for collection agencies and attorneys, incurred in collecting any overdue payments. You must report any billing discrepancies or issues to eVentGuru within 15 days of their occurrence. Failing to do so indicates your waiver of the right to dispute those billing issues.
Subscription Termination Process: To terminate a Premium Product at the end of the Initial Subscription Term or the current Renewal Term, you must inform us at least 30 days before the end of the term by emailing [email protected]. Termination can only take effect on the last day of the Initial Subscription Term or the current Renewal Term.
eVentGuru may terminate a Subscription Service immediately by notifying you in writing (via email or letter). If eVentGuru terminates due to your significant breach of the Terms, you are not entitled to any refund of previously paid amounts. However, if eVentGuru terminates for convenience, you will receive a pro rata refund for any prepaid but unused portion of the terminated Subscription Service.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been unlawfully reproduced as part of the Services, you can file a claim under the Digital Millennium Copyright Act (“DMCA”). To do this, provide our Copyright Agent with the following details in writing: (i) a physical or electronic signature of the individual authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work you claim has been infringed; (iii) a description of where the allegedly infringing material is located within the Services; (iv) contact information for you, such as an address, telephone number, and an email address, if available; (v) a statement, signed by you, asserting your belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a signed statement confirming that the information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on their behalf.
To submit a DMCA notification, please direct it to: [Insert Contact Information for eVentGuru's Copyright Agent].
RELEASE OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE ASSUMING ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU AGREE TO RELEASE EVENTGURU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY REFERRED TO AS THE “EVENTGURU PARTIES”) FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, NOW AND IN THE FUTURE, THAT ARISE FROM OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR INTERACTIONS WITH EVENTGURU, USERS, OR OTHER THIRD PARTIES. YOU ALSO WAIVE ANY RIGHTS THAT MIGHT LIMIT THE SCOPE OF SUCH A RELEASE OR WAIVER, INCLUDING THOSE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY ANALOGOUS STATUTORY OR NON-STATUTORY LAW IN ANY OTHER JURISDICTION.
WARRANTY DISCLAIMER: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE EVENTGURU PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR TRANSACTIONS WITH EVENTGURU, USERS, OR OTHER THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING FROM TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Rights and License Assignment: You may only transfer or assign the rights and licenses provided in these Terms with eVentGuru's prior written consent. eVentGuru, on the other hand, may assign these Terms, along with any rights and licenses, without any restrictions and without the need to notify you.
Compliance with Export Regulations: Software and the transmission of any relevant technical data related to the Services might be subject to export control laws. You agree to comply with all applicable export laws concerning software and the transmission of technical data from either the United States or the country where you reside.
Jurisdiction and Governing Law: You agree that the governing law for these Terms and the Services will be the laws of the United States and the State of Florida, irrespective of conflict of law principles. Any disputes or claims arising between you and eVentGuru Parties, either partially or wholly from the Services, these Terms, or any related dealings, shall be exclusively resolved by a competent court located in XYZ. Furthermore, you irrevocably consent to the jurisdiction of courts within Florida for addressing any such disputes or claims.
Waiver Of Class Action Rights: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR REPRESENTATIVE ACTION, NOR AS A MEMBER, NAMED OR UNNAMED, IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. BY ACCESSING AND CONTINUING TO USE THE SERVICES, YOU ARE EXPLICITLY CONSENTING TO THIS WAIVER OF CLASS ACTION RIGHTS.
Entire Agreement and Severability: These Terms represent the complete agreement between you and eVentGuru regarding the Services, overriding all previous communications. If any part of these Terms is deemed invalid, void or unenforceable by a competent authority such as a court or other tribunal of competent jurisdiction, that part will be modified or eliminated to the minimum extent necessary. This modification will be done in a way that preserves the intent of these Terms, ensuring that the rest of the agreement remains effective.
Non-Waiver of Terms: Any failure to enforce a specific provision of these Terms does not constitute a waiver of that or any other term. eVentGuru's failure to assert any right or provision under these Terms is not a waiver of such right or provision.
Service Modification Rights: We reserve the right to modify, limit, or discontinue the Services (or any part of them), either temporarily or permanently, without notice. You are not entitled to any support or updates for the Services. New features enhancing the Services are also subject to these Terms.
Right to Termination: We may terminate your license to use the Services, in whole or in part, at our sole discretion, with or without notice, and prevent future access to the Services.
Third-Party Rights: These Terms do not grant any enforceable rights to third parties, except for eVentGuru Parties, suppliers, or others in explicit written agreements with third-party beneficiary rights.
Legal Fees: In case of legal action due to your violation of these Terms, you will be responsible for the reasonable attorneys' fees and costs incurred by the eVentGuru Parties, in addition to any other relief awarded.
Contact Information: For any inquiries, you can contact us via email at [email protected], [email protected].
