Terms Of Service
Last Updated: January 6th, 2016
PLEASE NOTE: The Eventlist.info Terms of Service is effective as of the "Last Updated" date above.
Eligibility and Assent to Terms
Welcome to Eventlist.info! The following Terms of Service for the Eventlist.info website, software applications made available by Eventlist.info from the website or via a third party ("Software"), and any application programming interface ("API") or other technology or services made available by Eventlist.info via the website or Software (collectively, the "Eventlist.info Service") is a legal contract between you, either an individual of at least 13 years of age or a single legal entity ("You" or, collectively, "Users"), and Eventlist.info regarding your use of the Eventlist.info Service ("Terms"). The Eventlist.info Service is not available to persons under the age of 13 or to any users previously removed from the Eventlist.info Service by Eventlist.info. Also, if you are between age 13 and the age of majority in your jurisdiction your legal guardian must review and agree to these Terms.
These Terms provide that all disputes between you and Eventlist.info will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the "Arbitration Agreement" section below for the details regarding your agreement to arbitrate any disputes with Eventlist.info.
YOU ACKNOWLEDGE THAT YOU (OR, IF THE USER IS BELOW THE AGE OF MAJORITY, YOU, AS LEGAL GUARDIAN OF THE USER) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE EVENTLIST.INFO SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH EVENTLIST.INFO ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PORTION OF THE EVENTLIST.INFO SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION (OR, IF THE USER IS BETWEEN 13 AND THE AGE OF MAJORITY, YOU, ARE THE LEGAL GUARDIAN OF THE USER) AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE EVENTLIST.INFO SERVICE.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Eventlist.info Service, of any material changes. Unless we state otherwise, changes are effective when posted on our website. If you continue to use the Eventlist.info Service after the changes are posted, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.
We may also change or discontinue the Eventlist.info Service in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the amount of storage space you have on the Eventlist.info Service at any time. Your continued use of the Eventlist.info Service indicates your agreement to the changes. If Eventlist.info discontinues a Paid Service (as defined in Section 3(a) below), Eventlist.info may either (a) provide a pro-rata refund of fees you pre-paid for such Paid Service or (b) continue to provide such Paid Service to you until the end of your then-current subscription for such Paid Service.
2. Additional Terms
Your use of the Eventlist.info Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Eventlist.info Service or certain features of the Eventlist.info Service that we may post on or link to on the Eventlist.info Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Eventlist.info Service, subject to Section 1. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
3. Fees and Payment
1. Paid Services. Some portions of the Eventlist.info Service may have fees associated with them (each, a "Paid Service"). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Eventlist.info Service at any time. Unless otherwise stated, all fees are quoted in Euro.
2. Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your Eventlist.info Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize Eventlist.info or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
3. Third Parties and Fee Collection. You acknowledge and agree that any credit card and related billing and payment information that you provide to Eventlist.info may be shared by Eventlist.info with companies who work on Eventlist.info’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to Eventlist.info and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your Eventlist.info account upon demand, (ii) Eventlist.info may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) Eventlist.info reserves the right to either suspend or terminate your access to one or more Eventlist.info Services or your account with Eventlist.info. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the Eventlist.info Service before termination.
4. Refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to Eventlist.info within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of Eventlist.info.
5. Taxes. You are responsible for paying any governmental taxes imposed on your use of the Eventlist.info Services, including sales, use, or value added taxes. If requested, you will promptly furnish to Eventlist.info the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that Eventlist.info is obligated to collect such taxes, Eventlist.info will charge your Payment Method or otherwise add the applicable to your billing account.
4. User Accounts
You may browse the Eventlist.info.com website without creating an account, subject to these Terms. When you use the Eventlist.info Service to upload, download, or purchase content or any products, services, or information from Eventlist.info, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Eventlist.info on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Eventlist.info. You are solely liable for the losses incurred by Eventlist.info or others due to any unauthorized use of your Eventlist.info Service account.
5. Prohibited Conduct
You agree not to commit any act of the following prohibited conduct:
1. use the Eventlist.info Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the Eventlist.info Service as such services are offered by Eventlist.info;
2. delete the copyright or other proprietary rights markings on the Eventlist.info Service;
3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Eventlist.info Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
4. use the Eventlist.info Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;
5. defame, harass, abuse, threaten or defraud Users of the Eventlist.info Service, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the Eventlist.info Service for any commercial use, it being understood that the content available on the Eventlist.info Service is for personal, non-commercial use only;
6. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Eventlist.info Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Eventlist.info Service, or perform any other similar fraudulent activity;
8. hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Eventlist.info Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the Eventlist.info Service, or features that enforce limitations on the use of the Eventlist.info Service or User Submissions, or intentionally interfere with or damage operation of the Eventlist.info Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Eventlist.info Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
10. modify, adapt, translate or create derivative works based upon the Eventlist.info Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or
11. remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Eventlist.info brand elements, including logos, trademarks, service marks or other Materials displayed by Eventlist.info in connection with the Eventlist.info Service in any manner whatsoever, regardless of your use of the embedding functionality of the Eventlist.info Service to display authorized content on your or other third party sites.
6. Third Party Software; Integrated Services and Linked Sites
1. Third party software may be required to use some portions of the Service (e.g., Adobe Acrobat, Adobe InDesign). You are solely responsible for obtaining licenses to any third party software that may be required to use the Service, and your installation and use of any third party software is solely at your own risk. In addition, you are solely responsible for all fees charged by any third party in connection with your use of the Service (e.g., charges by mobile carriers).
2. Eventlist.info may provide tools through the Eventlist.info Service that enable you to export information to Integrated Services, including through features that allow you to link your Eventlist.info account with an account on the Integrated Service, such as Facebook or Twitter, or through implementation of third party buttons (such as "like" or "share" buttons). By using these tools, you agree that we may transfer that information to the applicable Integrated Service. In addition, the Eventlist.info Service may include links or references to other web sites or services solely as a convenience to Users ("Linked Sites"). Eventlist.info does not endorse any such Integrated Services or Linked Sites or the information, materials, products, or services contained on or accessible through any of them. Such third party sites and services are not under Eventlist.info’s control, and Eventlist.info is not responsible for their use of exported information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Eventlist.info Service are also solely between you and such advertiser. Access and use of Integrated Services and Linked Sites, including the information, materials, products, and services on or available through them, is solely at your own risk.
7. Termination; Violations
1. Except as expressly provided otherwise in these Terms, you agree that Eventlist.info, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Eventlist.info Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. Eventlist.info may also in its sole discretion and at any time discontinue providing access to the Eventlist.info Service, or any part thereof, with or without notice. You agree that any termination of your access to the Eventlist.info Service or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that Eventlist.info will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Eventlist.info may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Eventlist.info Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the Eventlist.info Service; (ii) any term of these Terms; (iii) any policy or practice of Eventlist.info in operating the Eventlist.info Service; or (iv) any content or information transmitted through the Eventlist.info Service, is to terminate these Terms and your account.
2. You may cancel a Paid Service at any time by navigating to your account settings within the Eventlist.info Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and Eventlist.info reserves the right to charge you subscription fees through the end of the subscription term that you elected. If Eventlist.info charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.
3. You may terminate your Eventlist.info Service account and these Terms at any time by navigating to your account settings within the Eventlist.info Service and selecting the option to terminate your account. If Eventlist.info terminates your account for your breach of these Terms, Eventlist.info reserves the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If Eventlist.info terminates your use of any part or all of the Eventlist.info Service prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case Eventlist.info may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.
8. Privacy; Consent to Electronic Communications
9. Ownership; Proprietary Rights
The Eventlist.info Service is owned and operated by Trilobite Technologies, s.r.o.. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Eventlist.info Service provided by Eventlist.info (the "Materials") are protected by Czech republic copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the Eventlist.info Service are the property of Eventlist.info or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Eventlist.info or its affiliates or third-party licensors. Except as expressly authorized by Eventlist.info, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Eventlist.info reserves all rights not expressly granted in these Terms.
You agree to indemnify Eventlist.info, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Eventlist.info Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. Eventlist.info reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Eventlist.info, and you agree to cooperate with Eventlist.info's defense of these claims. Upon notice of any impending claim, action or proceeding, Eventlist.info will use reasonable efforts to notify of any indemnification obligation.
11. Disclaimer of Warranties
EVENTLIST.INFO, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTLIST.INFO OR THROUGH THE EVENTLIST.INFO SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES EVENTLIST.INFO'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE EVENTLIST.INFO SERVICE IS AT YOUR SOLE RISK. THE EVENTLIST.INFO SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EVENTLIST.INFO SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. EVENTLIST.INFO, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE EVENTLIST.INFO SERVICE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. EVENTLIST.INFO, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE EVENTLIST.INFO SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE EVENTLIST.INFO SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
12. Limitation of Liability and Damages
1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EVENTLIST.INFO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE EVENTLIST.INFO SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH EVENTLIST.INFO OR OTHER EVENTLIST.INFO SERVICE USERS, EVEN IF EVENTLIST.INFO OR AN EVENTLIST.INFO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EVENTLIST.INFO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL EVENTLIST.INFO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE EVENTLIST.INFO SERVICE OR YOUR INTERACTIONS WITH EVENTLIST.INFO OR OTHER EVENTLIST.INFO SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EVENTLIST.INFO SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN EVENTLIST.INFO AND RECEIVED THROUGH OR ADVERTISED ON THE EVENTLIST.INFO SERVICE OR RECEIVED THROUGH ANY LINKED SITES.
2. YOU ACKNOWLEDGE AND AGREE THAT EVENTLIST.INFO HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EVENTLIST.INFO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EVENTLIST.INFO. EVENTLIST.INFO WOULD NOT BE ABLE TO PROVIDE THE EVENTLIST.INFO SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
3. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
13. Arbitration Agreement
1. Generally. In the interest of resolving disputes between you and Eventlist.info in the most expedient and cost effective manner, you and Eventlist.info agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Eventlist.info are each waiving the right to a trial by jury or to participate in a class action.
2. Exceptions. You and Eventlist.info agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
3. Arbitration. Any arbitration between you and Eventlist.info will be governed by a neutral representative from Price Waterhouse Coopers AG, Prague, Czech Republic will chair the arbitration. The arbitration proceedings shall be done in written form without oral proceedings. The results of such arbitration shall be final and binding. In the case of arbitration, each party shall bear its own related expenses and neutral third party expenses shall be paid on a 50/50 basis.
2. YOU AND EVENTLIST.INFO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EVENTLIST.INFO SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Trilobite Technologies, s.r.o.
nám. T.G.Masaryka 9
301 00 Pilsen
Or by email: firstname.lastname@example.org