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,
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
Eventlayer reserves the right, at its sole discretion, to modify or replace
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
3. DESCRIPTION OF SERVICE
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
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
other purpose not reasonably intended by Eventlayer.
By way of example, and not as a limitation, you agree not to use the
- to abuse, harass, threaten, impersonate or intimidate other Eventlayer
- 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
- 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),
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
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 email@example.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.
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
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.
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.
Eventlayer may terminate or suspend any and all Services and your Eventlayer
account immediately, without prior notice or liability, if you breach
your account, your right to use the Services will immediately cease. If
you wish to terminate your Eventlayer account, you may simply discontinue
nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a
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
that provision shall be limited or eliminated to the minimum extent
transferable or sublicensable by you except with Eventlayer's prior written
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
prevailing party will be entitled to recover costs and attorneys' fees.
statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications and
and that all modifications must be in a writing signed by both parties,
except as otherwise provided herein.
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.
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.
visiting the Eventlayer website, you are accepting the practices outlined in
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.
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 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
- Some of our business partners, like our advertisers, may use
cookies on our website. We have no access to, or control over, these
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
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
- 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
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
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 firstname.lastname@example.org.
- 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
- 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.
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
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
Use, including limitations on damages, arbitration of disputes, and
application of Spain country law.
updated July 2, 2010.