Welcome to Event Vines!
Event Vines, LLC is pleased to provide its services to you through our website, www.EventVines.com (the “Site”) and through mobile applications and related services that we will update and improve from time to time to provide you with the best possible event planning experience (the “Service(s)”). The following Terms of Service (as amended from time to time, the “Terms of Service”) are the rules that you and we need to follow to make Event Vines a great experience for all. Every once in awhile, we may have to change or modify portions of these Terms of Service, but when we do, we will let you know by posting the changes on this page and include the date these terms were last revised at the top of this page. We’ll also let you know either through the Services user interface, in an email notification or some other reasonable and fun way. Any changes will become effective no earlier than seven (7) days after they are posted, unless we are adding new functions or our lawyers tell us that it has to be an immediate change. By using the Service after the date any such changes become effective is your acceptance of the new Terms of Service.
- Using Our Services
Only use Event Vines is you can form a binding contract. In other words, if you are under the age of majority in your state of residence, then you cannot use the Services. Likewise, Event Vines is not to be used by anyone under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content available on the Site. Other than browsing or accessing our Services in accordance with these Terms, do not use any content from our Services or Site unless you obtain permission from Event Vines or, in the case of User Content, the User responsible for the content or you are otherwise permitted by law. You do not have any right to use any branding or logos used in our Services whether the branding or logo of Event Vines or any Venue, Vendor, Event Planner or other user. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Event Vines also offers its Services through mobile application available on a variety of mobile operating systems. First, do not use our Services while driving and always obey all traffic laws. Second, Event Vines is not responsible for standard charges, data rates or other charges imposed by any wireless carrier. By using the Services on a mobile device, you agree that we may communicate with you regarding Event Vines and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Finally, Event Vines is the provider of its mobile applications and the manufacturer or supplier of your mobile device or operating system is not responsible or liable for any claims regarding the mobile application.
- Event Vines Services
Event Vines offers a platform to provide event venue and vendor matching and booking to make it easier for Event Planners, their clients and various other Vendors to communicate to plan seamless, amazing events. Event Planners may use the Service to find and book Vendors, plan events and manage their Clients. Clients may use the service to find, hire and work with Event Planners, Venues and Vendors in planning their events. Vendors, Venues and Event Planners may use the Service to market, promote and provide their goods and services to Clients. Event Vines’ goal is to provide those connections and create that marketplace.
As a result, Event Vines Services contain both Event Vines-created content, third party content and user content. We may review any user created or third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, Event Vines does not routinely screen any user or third-party content.
Event Vines allows Vendors, Venues and Event Planners to claim their listing and control their content available through the Event Vines Site. For unclaimed listings, Event Vines strives to provide accurate information gathered from publicly available sources, but we do not guarantee the accuracy of any information for unclaimed listings. Once a Vendor, Venue or Event Planner has claimed its listing, it becomes responsible for maintaining the accuracy of its information and Event Vines cannot guarantee the accuracy, adequacy or quality of any information.
- Event Planning Services for Consumers
Event Vines provides the connections between consumers, Event Planners, Vendors, and Venues. However, all dealings, negotiations, proposals and agreements are solely between the respective parties and Event Vines will have no liability for any interactions between Clients, Vendors or Event Planners. Event Vines is also not responsible for any contracts or proposals that you upload to the Service other than making them available for review and signature (including e-signature) as authorized by you. If you are purchasing goods or services through Event Vines, Event Vines will process a transaction on your behalf but we are simply the intermediary in such transactions. The purchaser is solely liable for paying for the goods or services provided. Event Vines is not liable, either primarily or secondarily, for paying any Vendor or Event Planner except as an agent on your behalf.
- Free, Lite and Professional Services
Event Vines is pleased to offer optional, premium Services for Venues and Vendors including Free, Lite and Professional Memberships. The list of additional services and associated monthly fees available at each membership level are listed on the membership page and are subject to change. By selecting a Premium Service other than Free Membership, you agree to pay Event Vines all subscription or usage fees indicated for that service as they become due. Payments for Premium Services will be charged on the day your Premium Service goes into effect and payment will cover the use of that service for the period indicated. You also agree that any monthly payments will continue to be charged to your credit card on a recurring basis until you cancel the Premium Service. The amount of the monthly recurring charge will be based on the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. If you wish to cancel any Premium Service, you must do so prior to your monthly renewal in order to avoid billing of the next month’s Premium Service fee. Premium Service fees are not prorated or refundable.
If your payment method fails or your account is past due, Event Vines reserves the right to either suspend or terminate your Premium Services. Any suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. Any dispute of any charge to your account must be submitted to Event Vines within sixty (60) days of such charge, or the dispute is waived and the charge will be final.
- Advertising and Communication
Any Vendor or Venue that has claimed its listing is solely responsible to ensure that any information or advertisements they post on Event Vines, and any communications they may have with prospective Clients through the Services, is accurate, complete and does not violate any rights of any third party.
Event Vines takes the intellectual property rights of others very seriously and expect others to treat us with the same respect. If you believe that any material on Event Vines infringes any copyright which you own or control, please file a Digital Millennium Copyright Act (DMCA) Notice of Alleged Infringement with our Designated Copyright Agent. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the DMCA.
You can reach Event Vines Designated Copyright Agent at [email protected] or by mail to:
Attn: Copyright Agent
PO Box 42344
Austin, TX 78704
Some of our Services, including our Mobile Services allow you to download client software (“Software”) which may update automatically; you agree that these Terms will apply to any automatic upgrades. You agree that you do not own the Software but as long as you comply with these Terms, Event Vines gives you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. If any portion of the Software is offered under an open source license, that license will be made available to you and the provisions of that license may expressly override some of these Terms. By accepting these Terms, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone else in doing so.
- Disclaimer and Limitation of Liability
Event Vines makes every attempt to provide accurate and useful information about the Vendors and Venues listed on its site, but we cannot guarantee that we get it right all the time. You acknowledge that a lot of the information provided on Event Vines consists of third party data and contributions. EVENT VINES DOES NOT SCREEN INFORMATION POSTED BY VENDORS AND VENUES FOR ACCURACY OR SUITABILITY FOR ANY PARTICULAR EVENT. THE SERVICES ARE PROVIDED “AS-IS” AND EVENT VINES, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. EVENT VINES ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENT VINES OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EVENT VINES, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES PROVIDED SUCH CLAIM IS LIMITED TO THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. THIS LIMITATION ALSO APPLIES TO ALL SERVICES PROVIDED BY EVENT VINES AND DOES NOT APPLY TO ANY PAYMENTS MADE BY ANY USER TO ANY VENDOR OR VENUE REGARDLESS OF WHETHER EVENT VINES PROCESSED THE TRANSACTION ON YOUR BEHALF.
- User Posted Content
Event Vines allows Vendors and Venues to post content and information about their goods and services and allows users to post reviews, comments, photos and other materials (“User Content”). You retain all rights in, and are solely responsible for, the User Content you post. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Event Vines, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Event Vines or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You further agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written permission of Event Vines or otherwise permitted by Event Vines.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
You agree that when you post User Content on Event Vines, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Site, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
You agree to defend, indemnify and hold harmless Event Vines, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
These Terms may be amended or modified from time to time and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the Avvo Blog). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
- Applicable Law and Venue
Your use of Event Vines is subject to the laws of the State of Texas, excluding its conflict of law provisions, and will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be arbitrated in Travis County, Texas before JAMS or the American Arbitration Association (“AAA”) under the rules promulgated by JAMS or AAA.
Event Vines reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Event Vines also reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
- Entire Agreement
These Terms constitute the entire agreement between you and Event Vines with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
- Waiver, Severability, and Assignment
Any failure by Event Vines to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Event Vines may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- Questions and Contact Information
Questions or comments should be directed to Event Vines at [email protected], by phone to (512) 549-9592 or by snail mail to:
PO Box 42344
Austin, TX 78704