By using this Website, you agree to the following Terms of Service. If you do not agree to all Terms of Service set forth below, your exclusive remedy is to not use this Website.
1. Background and Definitions
- 1.1 rsvpBOOK, LLC ("rsvpBOOK") operates
one website known as "rsvpBOOK.com." through which rsvpBOOK
offers an online event registration service (the "Service").
The Service offered through rsvpBOOK.com facilitates the creation and
management of events and online registration for those events.
- 1.2 Individuals who register with the Service and otherwise meet the membership criteria established on the Website are known as "Members." "Users" means all individuals who access the Website or otherwise use any portion of the Service, regardless of whether they have registered as Members, including those individuals who are registrants to any event organized using the Website.
2. User Conduct 2.1 Users shall use the Website only for lawful purposes.
- 2.2 Users shall not post nor transmit through the Website any material which violates or infringes in any way the rights of others, which is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, pornographic, obscene, profane, inflammatory, discriminatory or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- 2.3 Users shall not post nor transmit through the Website any material which contains advertising or any solicitation with respect to any products or services, without rsvpBOOK's express prior written approval.
- 2.4 Users shall not use the Website or the Service for the purpose of sending unsolicited commercial e-mail (i.e. 'spamming'). User affirms that User has the explicit permission of all recipients of electronic mail, to send electronic mail generated in the course of using the Service to recipients, and accepts all responsibility for the generation or transmission of any such electronic mail.
- 2.5 Users shall be personally responsible for protecting the confidentiality of any and all passwords provided to them for the purpose of using the Service.
- 2.6 Users must be of sufficient legal age to use the Website. You agree that you are responsible for your use of the Website. You will be responsible for any damages caused by your improper or unauthorized use of the site.
3. Privacy
- 3.1 All information collected on or transmitted through
the Website is subject to our Privacy Policy. Click here to view our
Privacy Policy.
- 3.2 All information related to an event, including
the information collected from registrants, remains on our Website until
you delete it or one year, whichever comes first. After one year from
your event's end date, you may be notified by email that your event
and all data will be deleted within one month.
- 3.3 Member information is not deleted unless specifically
requested by Member in an email sent to support@rsvpBOOK.com
or the Member cancels their member account on their Member Dashboard.
4. Price of the Services and Refunds
- 4.1 The price of the Services shall be as set forth on our Pricing webpage and Payment Processing Agreement, the terms of which are expressly incorporated herein by this reference. To view a copy of our Payment Processing Agreement, click the previous link. To view our Pricing page, click the previous link.
- 4.2 A full refund of the purchase price and fees related to a particular event is available only if no person registers for the event by the event's scheduled start date. A person shall be deemed to have "registered" for an event if the person clicks either the "Accept" or "Decline" buttons on the bottom of the registration form for the event, or otherwise purchases any item or service related to the event. Once any person has registered, no refund will be available. Test registrations do not count.
- 4.3 For events under the per-registrant price structure, no refunds are given. Test registrations are at no cost if done before the event is published live.
5. Resale of Services
- 5.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Website or the Service, without the express written license of rsvpBOOK. If you are an event planner and are interested in licensing this Service for use by your company, please contact us.
6. Proprietary Rights
- 6.1 You acknowledge and agree that rsvpBOOK.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by rsvpBOOK, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. All information and data ("Data"), and all trademarks, logos and service marks ("Marks") displayed on the site are the exclusive property of rsvpBOOK, LLC, its licensors or the respective owners of such Data and Marks. Therefore, you agree that you will not reproduce, sell, transfer, modify, redistribute, retransmit, publish and/or commercially exploit the Data or Marks without the express written permission of the entity that owns the Data or Marks. Your access or use of the Website does not grant, expressly or otherwise, any license or right to use any of the Data or Marks.
7. Indemnity
- 7.1 You agree to indemnify and hold rsvpBOOK, rsvpBOOK.com
and their respective subsidiaries, affiliates, officers, agents, and
employees, harmless from any claim, demand, cost, liability, obligation,
or expense including reasonable attorneys' fees, made or threatened
by any third party due to or arising out of content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of these Terms of Service
or the Payment Processing Agreement, or your violation of any rights
of any other person.
8. Limitation of Liability; Disclaimer of Warranties
- 8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT rsvpBOOK,
RSVPBOOK.COM AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF rsvpBOOK, LLC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (ii) THE LOSS OR MISDIRECTION
OF ANY ELECTRONIC EMAIL SENT THROUGH THE COURSE OF USING THE WEBSITE
OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(v) ANY VIRUSES OR OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE, OR (vi) ANY OTHER
MATTER RELATING TO THE SERVICE.
- 8.2 If for any reason the foregoing limitation does not apply, the liability of rsvpBOOK to any User will not exceed in the aggregate, the greater of (a) the purchase price or other fees related to the event in question or (b) one hundred U.S. dollars. Some jurisdictions do not allow certain limitations on liability, thus the foregoing limitation(s) may not apply to you.
- 8.3 rsvpBOOK does not make and hereby expressly disclaims any warranty of any kind regarding this Website, the Service and/or any software, information, content or data provided on or through this site, all of which are provided on an "as is" basis. Further, no site participant warrants the accuracy, completeness, currency or reliability of any of the information, content or data found on this site, including, but not limited to, its availability, access, accuracy or timeliness, and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and those arising by law, course of dealing or usage of trade. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which may vary from jurisdiction to jurisdiction.
- 8.4 The Website may contains links to websites operated by parties other than rsvpBOOK. Those links are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them. We do not endorse the content of any of those websites.
9. Miscellaneous
- 9.1 These Terms of Service, together combined with
the Payment Processing Agreement (if applicable) constitute the entire
agreement between you and rsvpBOOK, and govern your use of the Website
and the Service.
- 9.2 These Terms of Service and the relationship between
you and rsvpBOOK shall be governed by the laws of the State of Arizona
without regard to its conflict of law provisions. You and rsvpBOOK agree
to submit to the personal and exclusive jurisdiction of the state or federal
courts located within Maricopa County, Arizona. You hereby waive any claim
or defense based on improper jurisdiction or venue.
- 9.3 The failure of rsvpBOOK to exercise or enforce
any right or provision of these Terms of Service shall not constitute
a waiver of such right or provision. If any provision of these Terms of
Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of these Terms of Service shall remain in full force and effect.
- 9.4 You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Website, the Service or these Terms of Service must be
filed within one (1) year after such claim or cause of action arose or
be forever barred.
- 9.5 rsvpBOOK or the Website may at any time modify
these Terms of Service and your continued use of the Website and/or the
Service will be conditioned upon the Terms of Service in force at the
time of your use.
- 9.6 The section titles in these Terms of Service are
for convenience only and have no legal or contractual effect.
- 9.7 You communicate with the Company electronically
whenever you visit the Website or send emails to us. You consent to receive
communications from rsvpBOOK electronically and by fax. You agree that
all notices, disclosures, agreements and other communications that we
provide to you electronically or by fax satisfy any legal requirements
that communications be in writing.
- 9.8 We send email to each Member account, the admin contact person and
the event contact person announcing system maintenance windows, new features
and other system-related information.
- 9.9 In the event of a data breach, affected users would be notified
within 15 days, unless state laws require notification sooner.