TERMS OF USE AGREEMENT

EventSetter.com (“EventSetter”) is a website for promoting events and event services and is hosted and operated by EventSetter. Any use of the Website is subject to the following Terms and Conditions of Use (“Terms of Use”), as well as to EventSetter’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions of Use. Your use of the Website will constitute your acceptance of these terms and conditions.

1. Your EventSetter PR Pages(s) (“Account”), Directory Listings, Event Listings and Content on the website. If you create a PR Pages(s) on the Website, you are responsible for maintaining the security of your account and PR Pages(s), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the PR Pages(s). You must not describe or assign keywords to your PR Pages(s) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and EventSetter may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause EventSetter liability. You must immediately notify EventSetter of any unauthorized uses of your PR Pages(s), your account or any other breaches of security. EventSetter will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. EventSetter may from time to time set storage limits for your PR Pages(s), or take any other measures EventSetter considers appropriate to manage the Website. EventSetter will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the login page you see when you log in to your EventSetter account or PR Pages(s) accessible at EventSetter.com. If you exceed the storage limits, EventSetter may require you to reduce the storage you are using or pay additional fees. EventSetter may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, EventSetter may post entries about its PR Pages(s) and Directory policy changes, and you may wish to check the PR Page login page for EventSetter’s announcements about any such changes.

2. Responsibility of Users and Content Rights. If you operate a PR Pages(s), comment on a PR Pages(s), post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm, resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:


* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, and does not contain unethical or unwanted commercial content designed to promote the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content does not contain nudity, violence, or offensive subject matter or contains a link to an adult website and is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and does not solicit personal information from anyone under 18

* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by EventSetter or otherwise.

* EventSetter does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to PR Page(s) on EventSetter.com, and you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

* you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or throughout EventSetter.

By submitting Content to EventSetter for inclusion on the Event Listings pages, your PR Page(s) and the Directory page, you grant EventSetter a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Events, your PR Pages(s), and listing in the Directory. If you delete Content, EventSetter will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, EventSetter has the right (though not the obligation) to, in EventSetter’s sole discretion (i) refuse or remove any content that, in EventSetter’s reasonable opinion, violates any EventSetter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in EventSetter’s sole discretion. EventSetter will have no obligation to provide a refund of any amounts previously paid.

3. Non-commercial Use by all Users. Services provided by EventSetter are for the personal, and limited commercial use and promotional use of all registered users and non-registered users and may not be used in connection with any commercial endeavors in the form of commercial advertisements, affiliate links, and any other forms of solicitation except those that are specifically endorsed or approved by EventSetter. Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited and may be removed from any Event Listing, PR Page(s), and Directory listing without notice and may result in termination of user privileges. Illegal and/or unauthorized use of EventSetter, including collecting personally identifying information, usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EventSetter Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited and may be removed from any Event Listing, PR Page(s), and Directory listing without notice and may result in termination of user privileges. Appropriate legal action will be taken for any illegal or unauthorized use of EventSetter.

4. Responsibility of Website Visitors. EventSetter has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, EventSetter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EventSetter disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which EventSetter links, and that link to EventSetter. EventSetter does not have any control over those non-EventSetter websites and webpages, and is not responsible for their contents or their use. By linking to a non-EventSetter website or webpage, EventSetter does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EventSetter disclaims any responsibility for any harm resulting from your use of non-EventSetter websites and webpages.

6. Copyright Infringement Policy. As EventSetter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EventSetter.com violates your copyright, you are encouraged to notify EventSetter. EventSetter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of EventSetter or others, EventSetter may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, EventSetter will have no obligation to provide a refund of any amounts previously paid to EventSetter.

7. Trademarks. EventSetter.com, the EventSetter.com logo, and all other trademarks, service marks, graphics and logos used in connection with EventSetter, or the Website are trademarks or registered trademarks of EventSetter or EventSetter’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EventSetter or third-party trademarks.

8. Changes. The Website, including without limitation to all content there available and these Terms and Conditions, may be changed at the sole discretion of EventSetter and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

9. Limitation of warranties of EventSetter, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and EventSetter, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that EventSetter, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

10. Limitation of liability of EventSetter, its suppliers and its licensors. Except as otherwise expressly stated, in no event will EventSetter, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if EventSetter, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against EventSetter, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to EventSetter during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 10 represents a reasonable allocation of risk.

11. General Representation and Warranty. You represent and warrant that your use of the Website will be in accordance with the EventSetter Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

12. Indemnification. You agree to defend, indemnify and hold harmless EventSetter, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

13. Disclaimer. You agree that EventSetter is not responsible for any incorrect or inaccurate content posted on EventSetter’s Website(s), whether caused by Users of EventSetter or by any of the equipment or programming associated with or utilized by EventSetter.

14. Miscellaneous. These Terms and Conditions constitute the entire agreement between EventSetter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EventSetter, or by the posting by EventSetter of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Palm Beach County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; EventSetter may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.