We operate an event web site hosting service called EventSmart.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as domain hosting, extra features, and extra storage. Our service is designed to give you as much control and ownership over what goes on your event site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
Some individual Event Smart features may require payment in the future, but they’ll be the minority, and we’ll let you know about them well in advance.
You can check our page on types of sites to get a sense of the types of sites that are welcome on our service (or not!).
If you find a EventSmart.com site that you believe violates our terms of service, please contact us.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Event Smart, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your EventSmart.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Event Smart may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Event Smart liability. You must immediately notify Event Smart of any unauthorized uses of your site, your account or any other breaches of security. Event Smart 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.
- Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to 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, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites 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 is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
- your site is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- 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 Event Smart or otherwise.
By submitting Content to Event Smart for inclusion on your Website, you grant Event Smart 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 your site. This license allows Event Smart to make publicly-posted content available to third parties selected by Event Smart (through the Event Smart Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services.
You also give other EventSmart.com users permission to share your Content on other EventSmart.com sites and add their own Content to it (aka to resite your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.
If you delete Content, Event Smart 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, Event Smart has the right (though not the obligation) to, in Event Smart’s sole discretion (i) refuse or remove any content that, in Event Smart’s reasonable opinion, violates any Event Smart 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 Event Smart’s sole discretion. Event Smart will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Event Smart the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- The fees for your Plan are billed in advance of each billing cycle.
- In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months.
- If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, as provided at https://eventsmart.com/pricing, beginning with your next billing cycle.
- If you desire to downgrade your Plan level prior to the end of your subscription period, the Plan downgrade will take immediately, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Event Smart disclaims liability for any such loss.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
- Automatic Renewal.
Unless you notify Event Smart before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- General Terms.
- Free Trial. Subscriptions to may begin with a free trial period during which you can try out for 14 days from the date you register (“Free Trial Period”). You can change your subscription to a different plan that better fits your needs with fewer features and a lower price by going to “My Account” and from the “My Subscriptions” section select “Switch Subscription”.Event Smart reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
- Change in Fees. We may change the fees at any time or impose additional fees or charges.Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan, whether at your election you will be charged at the then-current rate for such Plan, as provided at https://www.eventsmart.com/pricing.
- Payment of Fees. As an express condition of your use of and access, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use.We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.We reserve the right to deactivate your access for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
- Credit Card Payments. All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Event Smart if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Event Smart username or password).You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
- Account Cancellation. You may cancel your Plan by either contacting us and speaking to an authorized account representative or sending an email to email@example.com.For clarity, if you cancel your plan prior to the conclusion of your twelve (12) month subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your subscription period.If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, and any data or information stored in your account.
- Responsibility of Website Visitors. Event Smart 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, Event Smart 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. Event Smart 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.
- License to Event Smart Software. Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the Segment/Mixpanel Script, or (y) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion.3.2 License to Client DataAs between you and Event Smart, you shall retain ownership of any information, data and statistics that Event Smart obtain.You hereby grant to Event Smart a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities (including registrations, and purchases, etc.) immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to Event Smart (collectively “Client Data”) for the purposes of (i) providing you with reports and other functions; (ii) analyzing and improving; and/or (iii) compiling aggregate data derived from your use to compile statistics, metrics, insights and general trend data , among other things, Event Smart’s marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.
You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Event Smart on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
- Security. Your Event Smart account is protected by a username and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.Event Smart has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to Segment/Mixpanel, information we compile on your behalf, and/or information that we collect about you. Event Smart cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Client Data.
- Limiting Access to Your Information. Event Smart will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of Event Smart; (c) enforce our agreements with clients and/or visitors to our Website; (d) troubleshoot problems with the Services; or (e) create aggregate reports.
- 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 EventSmart.com links, and that link to EventSmart.com. Event Smart does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Event Smart does not represent or imply that it endorses such website or webpage. 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. Event Smart disclaims any responsibility for any harm resulting from your use of non-EventSmart websites and webpages.
- Copyright Infringement and DMCA Policy. As Event Smart 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 EventSmart.com violates your copyright, you are encouraged to notify Event Smart. Event Smart will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Event Smart will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Event Smart or others. In the case of such termination, Event Smart will have no obligation to provide a refund of any amounts previously paid to Event Smart.
- Intellectual Property. This Agreement does not transfer from Event Smart to you any Event Smart or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Event Smart. Event Smart, EventSmart.com, the EventSmart.com logo, and all other trademarks, service marks, graphics and logos used in connection with EventSmart.com, or the Website are trademarks or registered trademarks of Event Smart or Event Smart’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 Event Smart or third-party trademarks.
- Advertisements. Event Smart reserves the right to display advertisements on your site unless you have purchased an Ad-free Upgrade or a VIP Services account.
- Attribution. Event Smart reserves the right to display attribution links such as ‘Site at EventSmart.com,’ theme author, and font attribution in your site footer or toolbar. Footer credits and the EventSmart.com toolbar may not be altered or removed regardless of upgrades purchased.
- Friends of EventSmart.com Themes. By activating a partner theme from the Friends of EventSmart.com section of our themes directory, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our sites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using EventSmart.com within the designated notice period. Your continued use of EventSmart.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Event Smart may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EventSmart.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Event Smart and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Event Smart nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Event Smart, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Event Smart under this agreement during the twelve (12) month period prior to the cause of action. Event Smart shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Event Smart, 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 your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Event Smart and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Event Smart, or by the posting by Event Smart of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Utah, 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 San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake City, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement 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 this Agreement 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Event Smart may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.