THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Neutral Online Marketplace.
We bring transparency to the event planning market by providing a place where businesses offering event-related products and services such as event planners, service providers and vendors (“Providers”) can post available venues and event-related services and products on the Site so that you as a visitor to the Site may search for and contact Providers for the purpose of setting up an event and/or obtaining event-related services. Gold Calendar and the Site’s sole functions are a neutral marketplace where you and Providers may connect for a specific type of product or service. We are not involved in or a party to any transactions between you and a Provider. Accordingly, we have no control over the completeness, quality or legalities of the products or services being offered, the transactions taking place, the accuracy and completeness of any listing or the ability of either you or a Provider to fulfill your respective obligations. Gold Calendar expressly disclaims and is not responsible for the acts or omissions of you or any Provider.
You acknowledge that we do not provide any of the products or services advertised or offered by Providers. Gold Calendar does not endorse or provide any guaranty or warranty regarding the quality of products or services offered by a Provider. All communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered by a Provider through our Site are not provided by us and are specifically and solely between you and the Provider. We are not a party any such transaction or agreement between you and a Provider. Any dispute between you and a Provider is between you and the applicable Provider.
3.1 Posting Content. Gold Calendar may now or in the future allow you to post content on or through the Site including a feedback system to help you evaluate Providers with whom you are considering transacting business is included on the Site. All content that you post or display on the Site is “User Content”. You retain ownership of your content. Gold Calendar does not and will not verify that information provided by or about Providers on the Site is accurate. You may use the Site as a starting point for identifying Providers to provide the products and services you need for your event, then conduct your own research to ensure that the Providers you choose to do business with are appropriate for you.
3.2 How Your Content is Used. You own all of the User Content you post on the Site, and you can control how it is shared by adjusting your profile and application settings. Subject to your profile and application settings, you grant to us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to access. use, modify, reproduce, display and distribute your User Content(“User Content License”). You understand and agree that the Site is a public platform and other users of the Site (including Providers) may search for, see, use, and/or re-post any User Content that you make publicly available through the Site.
3.3. Valuing Others Content. Because we respect the rights of others, you agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any intellectual property rights, publicity rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these Terms or applicable law. We take no responsibility and assumes no liability for any User Content that you or any other party posts or sends over the Site. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Gold Calendar shall not be liable for any damages you allege to incur as a result of User Content.
3.4 User Content Restrictions. You may not: (a) post User Content in another person’s name; (b) impersonate another person or entity when submitting User Content; (c) access or use the Site to violate any applicable laws, statute, ordinances or regulations (“Laws”); and (d) encourage others to do so, or offer instructions on how to do so.
3.5 User Obligations. Your obligations include, without limitation: (i) providing us with accurate, complete information and updating the information as needed; (ii) abiding by all of these Terms; (iii) safeguarding your username and password; and (iv) being responsible for all activity of your account.
3.5 Your interactions. As a User, you are solely responsible for your interactions with other Users and Providers. We reserve the right, but have no obligation, to you from the Site if you are unpleasant to other Users or Providers. Gold Calendar will have no liability for your interactions with other Users or Providers, or for any User’ s action or inaction.
4.1 Acknowledgments. If you are a Provider, you acknowledge that Gold Calendar will not endorse you or your products or services. We are not responsible for assisting Providers in reaching an agreement with any Users; nor are we responsible for assisting Providers in providing products and services to Users. While all Users are instructed to give us accurate information about themselves, we cannot and will not verify this information or guarantee the financial ability of any User to pay for the products or services a Providers provide. Any transaction you as a Provider enter into with a User is strictly between you and the User. Gold Calendar is not a party to that transaction. Any dispute you have with a User is between you and the User. Gold Calendar is not a part of or party to that dispute. Gold Calendar may retain all reviews associated with a Provider on the Site as well as basic directory information on the Provider, including, Provider’s name, address and telephone number.
4.2 Provider Content. If you are a Provider, you shall not provide products or services that violate any Laws, or offer any products or services in a manner that violates any Laws, collect information about Users via spam, robots, spiders, or similar means, use information on the Site to send unsolicited email to Users, do anything that interferes with or places an undue burden on the Site (as determined by Gold Calendar in its sole discretion), or violate any of these Terms.
4.3 Additional Terms. Provider and advertising opportunities are available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. A Provider may not transfer or sell its advertising opportunities on the Site to another party. If you are registering a business entity as a Provider, you represent that you have the authority to bind the entity to these Terms. If you are registering as an individual as a Provider, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. Providers who engage in the sale of products and services must have a valid business operations license, as applicable. Gold Calendar may offer certain Providers trial or other unpaid access on a periodic basis. These unpaid trials or access do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or terminate any such unpaid trials.
Additional Terms and Conditions.
You acknowledge that Gold Calendar has the sole discretion to post additional terms and conditions for your use of the Site. You understand that additional terms and conditions shall be considered an effective amendment to these Terms and are incorporated herein once posted. If there is a conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern.
6.1 License. Subject to these Terms, Gold Calendar provides you with a license to use the Site for your personal, noncommercial use only if you are a User and as expressly permitted by the features of the Site. We may terminate a User’s license at any time for any reason or no reason.
6.3 Third Party Links and Sites. The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Gold Calendar. Gold Calendar does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site you do so at your own risk and You expressly relieve Gold Calendar from any and all liability arising from your use of any third-party website, service, or content.
It is our policy to respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Site; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Gold Calendar that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gold Calendar’s rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
We make available software to access the Site via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Gold Calendar account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by Law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Gold Calendar may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Gold Calendar or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms is void. We reserve all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Site. Standard carrier data charges may apply to your use of the Mobile Software.
You shall indemnify and hold harmless Gold Calendar, its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’ s access and use of the Site with your unique username, password or other appropriate security code.
THE SITE IS PROVIDED ON AN “ AS IS” AND “ AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOLD CALENDAR DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
GOLD CALENDAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GOLD CALENDAR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLD CALENDAR, ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from its facilities in the United States. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
12.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.2 Governing Law. You agree that: (i) the Site shall be deemed solely based in Colorado; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Gold Calendar, either specific or general, in jurisdictions other than Colorado. These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in Denver, Colorado, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision below.
12.3 Arbitration. For any dispute you have with us, you agree to first contact us at Hannah@goldcalendar.com and attempt to resolve the dispute with us informally. In the unlikely event that Gold Calendar has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’ s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’ S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GOLD CALENDAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12.5 Entire Agreement/Severability. These Terms, together with any modifications and any additional agreements you may enter into with Gold Calendar in connection with the Site, shall constitute the entire agreement between you and Gold Calendar concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
12.6 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Terms shall not constitute a waiver of such right or provision.
12.7 Contact. Please contact us at Hannah@goldcalendar.com with any questions regarding these Terms.