Terms of Service
Last updated: 10 Aug 2019
These Terms of Service ( the “Terms”) are the legal agreement between ClubEvent (“ClubEvent”, “us”, “we”, or “our”) and you, either individually, or on behalf of another entity which you represent (“you”, or “your”).
ClubEvent is a service (the “Service” or “Services”) offered online and via a mobile device application. By clicking “Accept” when using the Service, you acknowledge that you have read the Terms and agree to be bound by these Terms. If you do not agree to these Terms, stop using the Service.
Grant of License.
Subject to your compliance with the terms and conditions set forth herein, ClubEvent hereby grants you a limited, non-exclusive, non-transferable license to use our Services for the sole purpose of accessing, opening and using the capabilities and functionality enabled via the Service.
Restrictions on Use.
You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble our Services or create derivative works based thereon; (ii) install our Service onto a device/server so that it is accessible via a public network; (iii) share or permit other entities to use the Service, rent, lease or transfer the Service or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Service or part thereof. Any such use shall immediately terminate your license to use the Service.
Title and Ownership.
The Service and any revisions, modifications, enhancements and/or derivatives thereof are owned by ClubEvent and/or its licensors and are protected under copyright laws and treaties. All rights, title, and interest in and to the Service, including all associated intellectual property rights are and shall remain owned solely by ClubEvent and/or its licensors.
Any third-party software that may be provided with the Services is included for use at your option. Such third-party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third-party software is provided AS IS. ClubEvent is not liable for any losses or damages which may occur from the use of any third-party software.
From time to time ClubEvent may update/upgrade the Service at its sole discretion, with or without notification. At ClubEvent’s sole discretion, we may notify you through an update process, or by email, or website posting of such updates or upgrades made available. By the very nature of software development and constant improvement some updates/upgrades may be optional, and some may be mandatory in order to operate, improve or fix the Service. At its sole discretion, ClubEvent may, but is not obligated to, provide email and/or internet-based support with online help.
You’ll be automatically billed from the date you convert to a paid Plan and on each renewal period until cancellation. NOTE: Tax will be charged at the prevailing rate when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time, but we can only issue refunds for requests that occur within 48 hours of your purchase. Your paid Plan will remain active until cancellation or termination under these Terms. Failing to pay for your paid Plan on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your ClubEvent account.
Compliance with Law.
The Services are intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Service in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Service in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Changes to Services or Terms.
ClubEvent may modify, suspend, or discontinue any aspect of the Service at any time. ClubEvent reserves the right to modify these Terms, whereby material changes will be disclosed to you through an update process or through website posting. Except for changes to these Terms that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Services, following any revision of the Services or these Terms, constitutes your acceptance of any such changes. When these Terms have been updated, the “Last updated” date at the top of this page will reflect the change.
THE SOFTWARE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUBEVENT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL CLUBEVENT OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CLUBEVENT’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CLUBEVENT FOR USE OF THE SOFTWARE, EVEN IF CLUBEVENT HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Without prejudice to any other rights, these Terms and your right to use the Service automatically terminates if you fail to comply with any provision of these Terms. ClubEvent may terminate these Terms at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and un-installing the Services.
These Terms shall constitute the complete and exclusive agreement between us. CLUBEVENT’S ACCEPTANCE OF YOUR USE OF THE SERVICES, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. These Terms shall be construed and governed in accordance with the laws and courts of England (regardless of its conflict of law provisions) shall have exclusive jurisdiction over any dispute arising out of or related to these Terms. Failure of ClubEvent to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.