This Agreement regarding Terms and Conditions for Services (the "Agreement") is entered into by SOLARISLIVE, Inc. ("SOLARISLIVE") and the user ("USER") identified on the events.solarislive.com account signup page which are governed hereby (the "USER"). SOLARISLIVE and USER agree as follows: USER agrees to the terms and conditions outlined in this Service and License Agreement ("Agreement") with respect to the goods, Services and information provided by or through the website at events.solarislive.com and any SOLARISLIVE website where USER is publishing information to the public (both cumulatively known as "EVENTSITE") or accessing information from the EVENTSITE. This Agreement constitutes the entire and only agreement between the Company and USER, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, Services and information provided by or through the website, and the subject matter of this Agreement.
USER agrees to review this Agreement prior to signing up for an account and/or usage of the WEBSITE. Usage of the WEBSITE and/or purchase of a SOLARISLIVE service package shall be deemed acceptance of this Agreement.
"Services" may mean one or more of the following:
(i) access and/or usage of the EVENTSITE and/or EVENTSITE content or
(ii) any custom work performed by SOLARISLIVE for USER including, without limitation, custom coding and custom design; or
(iii) any project coordination with third parties performed by SOLARISLIVE for USER.
USER acknowledges and agrees to the following:
- USER will NOT copy, duplicate or share any EVENTSITE Services or Content not specifically created by the event owner ("EVENTOWNER") in any form or manner.
- USER agrees that any content they provide or upload to the EVENTSITE may be protected by others' intellectual property rights. USER agrees to not copy, download, upload or share content unless you have the right to do so.
- USER agrees they must read the terms and conditions of the EVENTOWNER to verify whether they can copy or duplicate and or share their content. - USER will NOT provide passwords to any person.
- USER can use the Services for the length that their EVENTSITE account is active.
- USER is 18 years or older who can be legally bound to Agreements under applicable law.
- USER will provide current, accurate information as requested by the signup, registration or billing process.
- USER shall use the Services for their own internal purposes only.
- USER agrees NOT to directly or indirectly decompile, reverse engineer or attempt to discover source code, object code, or algorithms or underlying structures.
- USER will be solely responsible for the management and administration of the product content.
- USER will obtain all rights necessary to use the EVENTSITE content, assuring items fully comply with all applicable rules and regulations, and laws.
- USER will NOT access the Services to build competitive products or Services.
- USER assumes responsibility for periodically reviewing Terms and Conditions of events.solarislive.com.
SOLARISLIVE will need to perform routine and urgent maintenance, upgrades and enhancements as a part of keeping the Services, platform and other technologies updated and functional. This will result in downtime when the Services/products will be unavailable. SOLARISLIVE will do it's best to perform maintenance during non peak hours. We reserve the right to perform urgent maintenance at anytime for any period of time as determined by SOLARISLIVE.
Each party shall take reasonable steps (in good faith) to protect confidential information in connection with the Services, plans and ideas. TERMINATION Solarislive may terminate this agreement without notice from SOLARISLIVE at any time.
To ensure security SOLARISLIVE performs regular quality assurance checks to ensure it conforms to industry standard security measures. Collected information is encrypted using SSL (secure socket layer) technology, except where technology is not supported by third parties.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the WEBSITE AND SERVICES are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a USER of any such content or any part of the EVENTSITE AND SERVICES is prohibited.
1.A Proprietary Rights. Subject to the Terms and Conditions of this Agreement, SOLARISLIVE grants to USER a non-exclusive right, during the Term that their EVENTSITE account is active, to access and use the EVENTSITE. The SOLARISLIVE name, the SOLARISLIVE logo, and the product names associated with the Services are trademarks of SOLARISLIVE, and no right or license is granted to use them. As between USER and SOLARISLIVE, SOLARISLIVE is the exclusive owner of all right, title and interest in and to the EVENTSITE, SOLARISLIVE Services and any and all Intellectual Property Rights therein. All right, title, and interest in and to SOLARISLIVE's Intellectual Property, including without limitation all Intellectual Property Rights, in and to the Platform (including without limitation any modifications thereto made under this Agreement) and any other documents, software, code, forms, text, graphics, items, or materials used, developed or furnished by SOLARISLIVE in connection with this Agreement shall be owned by and remain solely with SOLARISLIVE. All documents, software, materials and assets, including USER Intellectual Property, furnished to THE EVENTSITE by USER are owned by and shall remain solely with the USER or the owner of the items. SOLARISLIVE hereby grants to USER a nonexclusive right to access the EVENTSITE until the USER account is terminated and/or not active
1.B Data Ownership. As between USER and SOLARISLIVE, any data entered or uploaded to the EVENTSITE is owned by the owner or respective owners of the properties provided that SOLARISLIVE may use and disclose such USER Data solely
(i) as aggregate Services statistics, which will not include personally identifiable information or information that identifies or would reasonably be expected to identify USER or any user,
(ii) to provide the Services and/content to enforce its rights under this Agreement (it being understood and agreed that non-aggregated USER Data will not be used or disclosed to any third party by SOLARISLIVE (except as otherwise expressly permitted by this Agreement) (iia) to share with the EVENTOWNER to allow them to administer the event. (iib) may be used by the EVENTOWNER based on their terms and conditions and
(iii) if and as required by court order, law or governmental or regulatory agency (after, if permitted, giving reasonable notice to USER and using commercially reasonable efforts to provide USER with the opportunity to seek a protective order or the equivalent (at USER's expense)). In all cases, USER shall be solely responsible and liable for ensuring that its collection, sharing and use of USER Data fully complies with all applicable laws, rules, regulations, and social media website policies. USER acknowledges that SOLARISLIVE's use of Restricted Data is subject to applicable laws and social media website policies and USER is not entitled to Restricted Data.
1.C Sharing information on any EVENTSITE derived from use of the Services by the USER
People and festival event accounts you share and communicate via any EVENTSITE When you share and communicate information and data using the SERVICES via the EVENTSITE ("PUBLIC INFORMATION"), you are sharing information to the public and EVENTSITE account holders. For example, when you post information about your event festival or specific information about classes or other information on the EVENTSITE, you make available this information to the public. Similarly, when you use email or the EVENTSITE contact form to communicate with people or businesses, those people and businesses can see the content you send.
PUBLIC INFORMATION that is viewable can be seen and shared by anyone including EVENTSITE account holders, on or off our EVENTSITE by visitors to the EVENTSITE. EVENTSITE account holders can also share any of their information from the EVENTSITE that others may not be able to see. EVENTSITE account holders can share this information, for example their schedule class events, from the EVENTSITE to the public and/or to SOLARISLIVE and/or its web sites and web pages which are not related to the SERVICES or EVENTSITE or Agreement, at which time it becomes PUBLIC INFORMATION. The USER and SOLARISLIVE also can provide or send PUBLIC INFORMATION to anyone on or off the EVENTSITE such as in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.
2. EDITING, DELETING, AND MODIFICATION Company reserves the right in its sole discretion to edit or delete any information or content appearing on the WEBSITE AND SERVICES and to remove any goods and Services for sale. Upon notice published over the Service, Company may modify this Agreement, or prices, and may discontinue or revise any or all aspects of the WEBSITE AND SERVICES in its sole discretion and without prior notice. Modification of this Agreement will be deemed effective upon publication on the WEBSITE AND SERVICES with respect to transactions occurring after said date.
3. RIGHT TO REFUSE Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or Services is subject to availability.
4. INDEMNIFICATION USER agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a USER's violation of this Agreement or use of the EVENTSITE as well as any violation of the Solarislive User Terms and Conditions by any user that signed up for an account of the EVENTSITE.
5. NON-TRANSFERABLE USER's right to use the Service is not transferable and is subject to any limits established by Company or by USER's credit card company.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF WEBSITE AND SERVICES IS AT USER'S SOLE RISK. NEITHER SOLARISLIVE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SOLARISLIVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBSITE OR SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH events.SOLARISLIVE.com
B. SOLARISLIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SOLARISLIVEIS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL SOLARISLIVE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING events.SOLARISLIVE.com OR THE SOLARISLIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE events.SOLARISLIVE.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SOLARISLIVE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN events.SOLARISLIVE.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE ' NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
8. USE OF INFORMATION Company reserves the right, and USER authorizes Company, to the use and assignment of all information regarding USER's use of the WEBSITE AND SERVICES and all information provided by USER, subject to applicable law.
9. GOVERNING LAW This Agreement shall be treated as though it were executed and performed in Ontario, Canada and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). Any cause of action of USER with respect to the WEBSITE AND SERVICES must be instituted within two months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
10. LITIGATION All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Ontario, Canada and USER expressly submits to the jurisdiction of said courts and USER consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the WEBSITE AND SERVICES or the Company is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11. ACKNOWLEDGMENT This Agreement represents the entire understanding between you and SOLARISLIVE regarding your relationship to Online and supersedes any prior statements or representations.