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Terms of Service

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE eRSVP.COM WEB SITES Carefully BEFORE USING THEM.

By using the Web site, you agree to these terms and conditions of use (the "Terms of Use"). If you do not agree to these Terms of Use, please do not use our Web site. From time to time, we may change, modify, add or remove portions of these Terms of Use. As a result, you should periodically check to see what changes we have made. Your continued use of this Web site following the posting of any such changes to these Terms of Use will mean that you accept these changes.

Term Definitions:
For the purposes of this document, the following terms have the following definitions. The "Event Manager," "Planner," "Member," or "User" is a client of eRSVP. "Account" is the event manager's account. You must have an account in order to create events. "Event" is an instance of billable eRSVP service, where eRSVP hosts an online reply page and collects replies from respondents. A "reply" or "RSVP" indicates one person's response to an event. "RSVP Page" refers to the web page served by eRSVP which contains the HTML form allowing an RSVP. "eRSVP" refers to the company eRSVP.com, Inc., the company providing this Web site.

Notice:
Information in this document pertaining to payment comes into effect when eRSVP begins billing for services.

1. Restriction on Use of Materials.
This Web site is owned and operated by eRSVP.com, Inc. ("eRSVP.com", sometimes referred to as "eRSVP," "we," "us," or "our"). No material from this Web site or any Web site owned, operated, licensed or controlled by eRSVP.com may be reproduced, copied, uploaded, republished, posted, transmitted or distributed in away way. For purposed of these Terms of Use, the use of any such eRSVP.com material on any other Web site or network computer environment is strictly prohibited. As set fourth herein, all logos, trademarks, service marks, and trade names are proprietary to eRSVP.com or third parties.

2. Jurisdictional Issues.
This Web site is controlled and operated by eRSVP.com from its offices within the State of New York, United State of America. As such, the laws of the State of New York will govern these conditions and Terms of Use without giving effect to any principles of conflicts of laws. eRSVP.com makes no representation that materials in this Web site are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By using this Web site you consent to the exclusive jurisdiction and venue of courts in New York, New York, USA in all disputes arising out of relating to use of this Web Site.

3. Termination.
These Terms of Use are effective until terminated by eRSVP.com. You may terminate these Terms of Use at any time by destroying (a) all materials obtained from any and all eRSVP.com Web sites; (b) all related documentation; and (c) all copies and installations thereof, whether made under Terms of Use or otherwise. These Terms of Use will terminate immediately without notice form eRSVP.com if, in eRSVP.com's sole discretion, you fail to comply with any provision of these Terms of Use. Upon termination, you must destroy all materials obtained from this Web site and any and all other eRSVP.com Web site(s) and all copies thereof, whether made under these Terms of Use or otherwise.

4. Disclaimer.
THE MATERIALS IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eRSVP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. eRSVP.COM DOES NOT WARRANT THAT INFORMATION, SERVICES, PRODUCTS AND MERCHANDISE CONTAINED IN OR OBTAINED FROM A THIRD PARTY THROUGH THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS. eRSVP.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OT THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eRSVP.COM DOES NOT WARRANT OR MAKE ANT REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE ON TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT eRSVP.COM) ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH ANY OF YOUR USE OF THIS WEB SITE, INCLUDING RESPONSIBILITY OF ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

Further, eRSVP.com explicitly disclaims any responsibility for the accuracy, content, or availability of information, products, services and merchandise found on Web sites that link to or from eRSVP.com from third parties. eRSVP.com encourages discretion when browsing the Internet using our or anyone else's service. Because some website employ automated search results or otherwise link you to Web sites containing information that may be deemed inappropriate or offensive, eRSVP.com cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Web sites, and you hereby waive any claim against us with respect to such Web sites.

eRSVP.com cannot ensure that you will be satisfied with any products or services that you purchase from third-party Web site that links to or from eRSVP.com since they are owned and operated by independent retailers and service providers. eRSVP.com does not endorse, operate, control or assume responsibility for any of the products, merchandise or services on this or any third party Web site, nor has eRSVP.com taken any steps to confirm accuracy or reliability of, any of the information contained in such third-party Web sites. eRSVP.com does not make any representation or warranties as to the security of any information (including without limitation credit card and other personal information) you might be required to give any third party, and you hereby irrevocably waive any claim against us with respect to such Web sites. We strongly encourage you to make whatever investigation you feel necessary of appropriate before proceeding with any online or offline transaction with of these third parties.

5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL eRSVP.COM BE RELIABLE FOR ANY CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF eRSVP.COM OR AN eRSVP.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL eRSVP.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

6. Terms of Service.
eRSVP.com requires payment in full for services at the time of rendering, or as agreed upon through an annual- or event-based contract.

eRSVP.com does not guarantee the increase of sales or client income base. Unused RSVPs will not be carried over into the next Event, no refunds will be given for any unused RSVPs left over per Event. Repeat RSVPs (when a single respondent replies numerous times) must be brought to the attention of eRSVP, or they will be counted as replies.

eRSVP.com provides optional bulk email sending services for legitimate sending services (as discussed in Section 9, Section 11, Privacy Policy and Spam Policy) and also provides delivery data including the open-rate and list of bounced-back email addresses for no more than six months from the send date.

eRSVP.com reserves the right to refuse any services regardless of monies paid which eRSVP deems unsuitable for viewing. Clients of eRSVP.com may request a refund of all monies paid within 72 hours of a signed and dated contract. No refunds will be granted after that 72 hour period.

eRSVP.com does not handle refunds. Ticket-buyers must obtain any and all refunds due to them from the event manager of the events that they had planned to attend. If a refund should be necessary and the Event manager's address is not specified in the notation, please contact us at info@eRSVP.com and we will contact the event manager.

eRSVP.com keeps any and all sums from ticket-purchases made through eRSVP.com for seven days from the close of an event's RSVP date.

eRSVP.com's ticket-purchase fees are non-refundable and will not be returned to ticket-buyers even if events are cancelled, rescheduled or otherwise delayed, denied or abridged in part or whole.

The Event Manager is responsible for all the disputes and charges related to them.

7. User Account, Password, and Security.
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions; you may also set up a new account at your convenience. Member agrees to immediately notify eRSVP.com of any unauthorized use of Member's account or any other breach of security known to Member.

8. Content.
User is solely despicable for any data, text, software, music sound, photographs, graphics, video, messages or other materials ("Content") which is transmitted, posted or distributed by User through this Web site, including but not limited to the contents of User's email communications and photos posted by User of the Web site. All content whether publicly posted or privately transmitted, us the sole responsibly of the person from which such Content originated. This means that User and not eRSVP.com, is entirely responsible for all Content that User upload, posts, or emails or otherwise transmits via this Web site. eRSVP.com does not control the Content posted via this Web site and, as such does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will eRSVP.com be liable in any way for the Content, including, but no limited to, for any errors or omissions on any Content, or for any loss or damages of any kind incurred as a result of the user of any Content posted, emailed or otherwise transmitted via this Web site.

9. Privacy Policy
Email is private correspondence between the sender and the recipient.
It is eRSVP's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, eRSVP will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on eRSVP; (2) protect and defend the rights or property of eRSVP; or (3) act under exigent circumstances to protect the personal safety of its members or the public.

Member acknowledges and agrees that eRSVP neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

10. Content License Provided by User.
Subject to the terms of eRSVP.com's privacy policy, User agrees that upon posting any Content on this Web Site, including but not limited to text and photographs, User grants to eRSVP.com, and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights or other intellectual property right, if any, in and to the content, to distribute display, and reproduce such content to other users of the Service. User also grants eRSVP.com the right to authorize the downloading and printing in whole or in part of any content that you have posted to the eRSVP.com's Site, by end users for their personal use.

Additionally, if you register online for an event, payment is processed through Authorize.net, Inc. ("Authorize"). Authorize will transmit the transaction information you provide to transaction processors and merchant banks. By registering online you agree that eRSVP.com may provide your information to Authorize, its transaction processors and merchant banks. Authorize has implemented security systems consisting of encryption and "Firewall" technologies for the transmission of information of the Internet. Neither eRSVP.com or Authorize, however, guarantees that such security is secure or impregnable and neither eRSVP.com or Authorize will be responsible in the event of infiltration of Authorize's security systems. Neither eRSVP.com or Authorize is responsible for the security of transmission data or information or any other information stored on eRSVP.com's servers, our licensed partners servers, or any other party's servers.

11. Prohibited Content.
This Web site may have an area that allows you to upload and download materials and information. When using any of these areas, you are prohibited form posting, sending, transmitting, uploading, or otherwise publishing through this Web site, any materials that constitute Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited in the State. You may not use this Web Site to create a link to any prohibited content, such as any Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • could be harmful to minors;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass emailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threading, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated to circumvent manufacture-installed copy-protect devices;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material for any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • elicits passwords or personal identifying information for commercial or unlawful purposes for other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • contains a virus or other harmful component; and
  • contains false or misleading statements of fact or falsifies the origin or source of software or other material.

You agree to comply with any additional terms which are referred to on this Web site or any substitute within the Web site.

Although eRSVP.com may from time to time monitor or review transmissions and the like on this Web site, eRSVP.com is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. eRSVP.com may change, edit or remove any user material or conversations which are illegal, indecent, obscene or offensive, or that violates eRSVP.com's policies in any way. eRSVP.com will fully cooperate with any law enforcement authorities or court order requesting or directing eRSVP.com to disclose the identity of anyone posing such materials.

12. Copyright and Trademark Notices.
All contents of this Web site are: Copyright eRSVP.com, Inc., all right reserved. eRSVP, and eRSVP.com are trademarks of eRSVP.com Inc. displayed on this Web site without the written permission of eRSVP.com or such third party that may own the trademarks displayed on this Web site. Your use of Trademarks displayed on this Web site or any other content on this Web site except as provided herein is strictly prohibited. Images or photographs of people or places displayed on this Web site are either the property of or used with permission by eRSVP.com. The use of these images by you or anyone else authorized by you is strictly prohibited unless specifically permitted by this notice, Policies and Procedures Statement or specific permission provided elsewhere on this Web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

13. Arbitration.
In the event of a disagreement or dispute regarding any matter arising under on in connection with these Terms of Use, the Parties will use all reasonable efforts to resolve the dispute amicably. The Parties agree that the matter will first be referred to one or more executive officers (or the equivalent) of each Party to attempt a mutually agreeable resolution within sixty (60) calendar days of a Party's giving written notice of the existence of such disagreement or dispute. If such executive officers are unable to agree on the resolution of disagreement or dispute within that period, the matter may be submitted by either Party, and the matter will be decided by final and binding arbitration in New York, New York, before an arbitrator selected in accordance with the Commercial Rules of the American Arbitration Association (the "AAA"). If the Parties do not agree upon an arbitrator within thirty (30) days of a Party's requesting arbitration, the arbitrator will be appointed by the AAA. Judgment on arbitration award may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, neither Party waives its right to bring any action to enforce any of its intellectual property rights or to enjoin any conduct that might give rise to any indemnity obligation hereunder, and to have all legal and factual issues relating thereto resolved, in a court of competent jurisdiction.

14. Attorney's Fees.
In the event that eRSVP.com brings a suit or initiates arbitration proceedings gains the user for the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to obtain reimbursement from the non-prevailing party for all costs and expenses, including, without limitation attorney's fees and disbursements, incurred by the prevailing party.

15. Other.
If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. These Terms of Use constitute the entire and exclusive agreement between the user and eRSVP.com with respect to the Web site and they supercede and cancel all provisions oral or written communications. eRSVP.com's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eRSVP.com in writing. User and eRSVP.com agree that any lawsuit arising out of or related to this Web Site must commence within (1) year after the cause of action arose; otherwise, such a cause of action is permanently barred. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal of contractual significance.


 
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