Terms of use
The following Terms of Use outline your obligations when using the Eventlayer website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
1. ACCEPTANCE OF TERMS
The web pages available at eventlayer.com, and all linked pages ("Site"), are owned and operated by Eventlayer, Inc. ("Eventlayer"), a Tewp corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. EVENTLAYER'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY EVENTLAYER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Eventlayer reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Eventlayer will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Eventlayer's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Eventlayer may offer to provide certain services and content. Services shall include, but not be limited to, any service and content Eventalyer performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, audio clips and video clips, also known as the "Content"). Eventlayer may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Eventlayer may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Eventlayer and select a password and screen name ("Eventlayer User ID"). You shall provide Eventlayer with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Eventlayer account. You may not (i) select or use as a Eventlayer User ID a name of another person with the intent to impersonate that person; (ii) use as a Eventlayer User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Eventlayer User ID a name that is otherwise offensive, vulgar or obscene. Eventlayer reserves the right to refuse registration of, or cancel a Eventlayer User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Eventlayer password.
Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Eventlayer.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Eventlayer users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Eventlayer user;
- to create or submit unwanted email ("Spam") to any other Eventlayer users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit events or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the "eventlayer count", comments, or any other Eventlayer service, including by way of creating separate user accounts for the purpose of artificially altering Eventlayer's services; giving or receiving money or other remuneration in exchange for deals; or participating in any other organized effort that in any way artificially alters the results of Eventlayer's services;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY COMMENTING ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO COMMENT ANY CONTENT).
Eventlayer may remove any Content and Eventlayer accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: eventlayer@gmail.com
You are solely responsible for your interactions with other users of the Site. Eventlayer reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By creating and posting Content to Eventlayer, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain and that you will not object to the use of the Content by Eventlayer in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.
7. COPYRIGHT COMPLAINTS
Eventlayer respects the intellectual property of others. It is Eventlayer's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Eventlayer will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Eventlayer may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Eventlayer will terminate access for subscribers and account holders who are repeat infringers.
Notifying Eventlayer of Copyright Infringement: To provide Eventlayer notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept". Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Eventlayer with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Eventlayer with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at eventlayer@gmail.com that sets forth all of the necessary information required by the DMCA. If you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
8. EVENTLAYER PRIVACY POLICY
Eventlayer's current privacy policy is available at eventlayer.com/index/privacy
9. INDEMNITY
You will indemnify and hold harmless Eventlayer, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Eventlayer User ID, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that Eventlayer has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Eventlayer from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Eventlayer makes no representations concerning any content contained in or accessed through the Site or Services, and Eventlayer will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Eventlayer has no control over such sites and resources, you acknowledge and agree that Eventlayer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Eventlayer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL EVENTLAYER OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. TERMINATION
Eventlayer may terminate or suspend any and all Services and your Eventlayer account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Eventlayer account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Eventlayer in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Eventlayer shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Eventlayer's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Eventlayer's prior written consent. Eventlayer may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Spanish laws, as if made within Spain between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Spain (but without limiting Eventlayer's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Barcelona (Spain) using Spanish language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
15. TRADEMARKS
Eventlayer and other Eventlayer graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Eventlayer in Spain and/or other countries. Eventlayer's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Eventlayer icon pack may used by partner and third party sites in connection with providing appropriate "Eventlayer This" and "Submit to Eventlayer" links to the Eventlayer site.
Privacy policy
Eventlayer is founded on the principles of helping people to discover new information by enabling them to share what events they find interesting with one another. Eventlayer knows that you care about how your personal information is used and shared, and we take your privacy very seriously. Please read the following to learn more about our privacy policy. By visiting the Eventlayer website, you are accepting the practices outlined in this Privacy Policy.
This Privacy Policy covers Eventlayer's treatment of personal information that Eventlayer gathers when you are on the Eventlayer website and when you use Eventlayer services. This policy does not apply to the practices of third parties that Eventlayer does not own or control, or to individuals that Eventlayer does not employ or manage.
Information Collected by Eventlayer
We only collect personal information that is relevant to the purpose of our website, which is to enable users to discover and share information with one another. This information allows us to provide you with a customized and efficient experience. We do not process this information in a way that is incompatible with this objective. We collect the following types of information from our Eventlayer users:
- Information You Provide to Us:
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. Registration: In order for you to use Eventlayer services, such as submitting new links to the website, you must complete a registration form. As part of this registration form, we require select personal information (including your full name, and e-mail address).User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information, such as a bio, and instant messaging IDs. In addition, you may choose to include photos of yourself in your profile. As indicated below, in the section titled "Sharing Your Information", you can control how your information is displayed and used.
- Automatic Information
We receive and store certain types of information whenever you interact with us. Eventlayer and its authorized agents automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, Eventlayer cookie information, and the page you requested. Eventlayer uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.Eventlayer may collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages.
Many companies offer programs that help you to visit websites anonymously. While Eventlayer will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
E-mail Communications
Eventlayer is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission, as detailed in the "Sharing Your Information" section below. Eventlayer may send out e-mails with Eventlayer-related news, products, offers, surveys or promotions. You may also receive notification e-mails from Eventlayer, which inform you of actions (e.g. friend requests) that have been performed on the site. If you do not want to receive e-mail from us, please visit the Email Preferences section of your User Profile and/or follow the instructions contained in the unwanted e-mail message. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
Cookies
- Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Eventlayer cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.
- The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated because cookies allow you to use some of Eventlayer's coolest features.
- Some of our business partners, like our advertisers, may use cookies on our website. We have no access to, or control over, these cookies.
Sharing Your Information
Because Eventlayer enables people to discover and share information with one another, information about the people who use Eventlayer is an integral part of the Eventlayer experience. Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.
- Eventlayer Personnel: Eventlayer personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of Eventlayer business.
- Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Eventlayer, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.
- Protection of Eventlayer and Others: We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of Eventlayer, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other Eventlayer users in your User Profile. The User Profile is the area on Eventlayer where we allow you to tell other Eventlayer users about yourself and your interests. You may control what personal information is displayed in your User Profile by visiting the Privacy Settings section of your User Profile.
- Member Directory: The e-mail address that you submit upon registration will be searchable by other Eventlayer users who know you by your email address, unless you choose to opt out of this feature. This is primarily so that other users can find you to establish friendship through Eventlayer. You may opt-out of this feature by visiting the Privacy Settings section of your User Profile.
- Social sharing of data: Eventlayer allows other users to browse events that you have created as public and to your friends if they are friendly events. This information is made available publicly via your User Profile, and the eventlayer.com/events page or the relatives to /venues and /artists if what you created was a venue or an artist.
- Friends Activity: Much like other online social networks, Eventlayer allows non-friends to browse your friends
- API: Eventlayer will allow third parties access to all Eventlayer data this is already publicly available through the Eventlayer website. Eventlayer will keep private any passwords.
- Syndication: Eventlayer allows for the RSS syndication of all of its public content within the Eventlayer website.
- With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
Keeping Information Secure
- Your Eventlayer account information is protected by a password for your privacy and security. Protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
- Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
Ways to Control Display and Use of Your Information
- As stated previously, you can always opt not to disclose information, but then you may be unable to use certain features on our website, such as posting new links.
- You may request deletion of your Eventlayer account by e-mailing us at eventlayer@gmail.com.
- If you do not wish to receive e-mail from us or other Eventlayer users, please visit the Email Preferences section of your User Profile and/or follow the instructions contained in the unwanted e-mail message.
- However, please note that you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
- If you do not wish to have people who know you by your email address find you via the Member Directory service, please visit the Privacy Settings section of your User Profile to opt out of this feature.
- As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of some of our attractive features.
Children Under 18 Years of Age
You must be 18 years and older to register to use the Eventlayer website. As a result, Eventlayer does not specifically collect information about children. If we learn that Eventlayer has collected information from a child under the age of 18, we will delete that information as quickly as possible. We recommend that minors between the ages of 13 and 18 ask and receive their parents' permission before using Eventlayer or sending information about themselves or anyone else over the Internet.
Changes to this Privacy Policy
Eventlayer may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Eventlayer website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.
Conditions of Use
If you decide to visit Eventlayer website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Spain country law.
Effective Date of this Privacy Policy
This Privacy Policy is effective as of July 1, 2010 and last updated July 2, 2010.