Event Life Mobile Application End User License Agreement

This Website End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Event Life. This Agreement governs your use of the Event Life Website (“Website”). The Website is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING, INSTALLING OR USING THE WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE WEBSITE AND DELETE IT FROM YOUR MOBILE DEVICE.

  • License Grant. Subject to the terms of this Agreement, Event Life grants you a limited, non-exclusive, and nontransferable license to:
    • Download, install, and use the Application for your personal, non-commercial use on a single mobile or other device owned or otherwise controlled by you (“Mobile Device”); and
    • Receive an event user code which is only valid for single event use only unless otherwise authorized by Event Life. All event user codes are only valid for one user per download. Any effort to circumvent this requirement will result in the inactivation of the event user code.
    • Event Life reserves and retains the right to decline to accept or cancel any Website account/download and rescind any event user code if Event Life determines that a proposed use would be inconsistent with the character of Event Life, could negatively impact the safety, security, maintenance, protection and/or preservation of Event Life property or app events, and/or would otherwise be inconsistent with and/or may negatively impact public safety.
  • License Restrictions. Licensee shall not:
    • Copy the Website, except as expressly permitted by this license; 
    • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website; 
    • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof;
    • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
    • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time; or
    • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website. 
  • Reservation of Rights. You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Event Life and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  • Collection and Use of Your Information. You acknowledge that when you download, install, or use the Website, Event Life may use automatic means (including but not limited to, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Website. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Website or certain of its features or functionality, and the Website may provide you with opportunities to share information about yourself with others. Event Life retains the right to share, sell and/or use your information and uploaded data for any lawful purpose including but not limited to for marketing and advertising purposes. By downloading, installing, using, and providing information to or through this Website, you consent to all actions taken by Event Life with respect to your information.
  • Event Life retains ownership to all of its app content including but not limited to intellectual property, graphics, written content, software code and other components of the Website. Event Life content cannot be used by anyone else without the express written permission of Event Life. Event Life may, at its sole discretion, remove any content related to the Website (Event Life or App User content). Uploaded or published Website content remains owned by the user who posts it, while Event Life gets a worldwide, royalty-free, sub-licensable, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate, publish, and/or otherwise use for any purpose any content on the Event Life Website platform.
  • Updates. Event Life may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Event Life has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: 
    • The Website will automatically download and install all available Updates; or
    • You may receive notice of or be prompted to download and install available Updates. 

    You shall promptly download and install all Updates and acknowledge and agree that the Website or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.

  • Third-Party Materials. The Website may display, include, or make available third-party content (including data, information, Websites, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Event Life is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Event Life does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 
  • Term and Termination. 
    • The term of Agreement commences when you download or install the Website and acknowledge your acceptance and will continue in effect until terminated by you or Event Life. Each user access code will be deactivated within 24 hours of the conclusion of the related event.
    • You may terminate this Agreement by deleting the Website and all copies thereof from your Mobile Device.
    • Event Life may terminate this Agreement at any time without notice if it ceases to support the Website, which Event Life may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Event Life retains the right at its discretion to terminate/ban app users at any time and for any reason including but not limited to:
      • A non-exhaustive list of Prohibited Conduct includes but is not limited to Copyright infringement, Spamming the app or other users, Toxic/crude/inappropriate comments, Illegal behavior or activities, Harassing/threatening/abusing/intimidating other users, Impersonating someone else and/or using someone else's account, Reverse engineering the app, Developing third party apps that interact with the app, and/or General misuse or other unlawful use of the app.
    • Upon termination:
      • All rights granted to you under this Agreement will also terminate; and 
      • You must cease all use of the Website and delete all copies of the Website from your Mobile Device and account.
    • Termination will not limit any of Event Life’s rights or remedies at law or in equity.

  • Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EVENT LIFE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EVENT LIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  • Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVENT LIFE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT AND SERVICES, FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, CONDUCT OF THIRD PARTIES, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. 
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR EVENT LIFE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  • Indemnification. You agree to indemnify, defend, and hold harmless Event Life and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement, including but not limited to any consequences related to the content you submit or make available through this Website.
  • Export Regulation. The Website may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website available outside the US. 
  • Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  • Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  • Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  • Entire Agreement. This Agreement constitutes the entire agreement between you and Event Life with respect to the Website and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.
  • Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.  
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