Boxes and Arrows Event Calendar and their agents, Wodtke Consulting, provides its service ("Service") to you, subject to the following Terms of Use ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://events.boxesandarrows.com/terms.html. In addition, when using Boxes and Arrows Event Calendar services, you and Boxes and Arrows Event Calendar shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Review Guidelines) are hereby incorporated by reference into the Terms. By using the Service in any way, you are agreeing to comply with these Terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Boxes and Arrows Event Calendarin any way, your only recourse is to immediately discontinue use of Boxes and Arrows Event Calendar.
You agree that you are only authorized to visit, view, and retain a copy of pages of Boxes and Arrows Event Calendar for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on Boxes and Arrows Event Calendar for any commercial use, or for any purpose other than as described in these Terms.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Boxes and Arrows Event Calendar does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Boxes and Arrows Event Calendar site and Content available through the Service may contain links to other websites, which are completely independent of Boxes and Arrows Event Calendar. Boxes and Arrows Event Calendar makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Boxes and Arrows Event Calendar be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Boxes and Arrows Event Calendar may or may not pre-screen or approve Content, but that Boxes and Arrows Event Calendar shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You agree not to post, submit an event, email, or otherwise make available Content:
Additionally, you agree not to:
YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING BOXES AND ARROWS EVENT CALENDAR YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. BOXES AND ARROWS EVENT CALENDAR HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING BOXES AND ARROWS EVENT CALENDAR, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE BOXES AND ARROWS EVENT CALENDAR FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BOXES AND ARROWS EVENT CALENDAR, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
You understand and agree that sending unsolicited email advertisements to Boxes and Arrows Event Calendar email addresses or through Boxes and Arrows Event Calendar computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Boxes and Arrows Event Calendar computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that Boxes and Arrows Event Calendar may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of reviews and postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Boxes and Arrows Event Calendar has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Boxes and Arrows Event Calendar reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Boxes and Arrows Event Calendar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Boxes and Arrows Event Calendar , in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Boxes and Arrows Event Calendar believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Boxes and Arrows Event Calendar shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-4, 6 and 9-12 shall survive termination of these Terms.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Boxes and Arrows Event Calendar or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Boxes and Arrows Event Calendar for use in accessing the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Content that is submitted to Boxes and Arrows Event Calendar shall be owned exclusively and in perpetuity by Boxes and Arrows Event Calendar. Such exclusive ownership means that Boxes and Arrows Event Calendar, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, create derivative works of, incorporate into other works, and distribute any and all materials and communications regarding and including submitted Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE BOXES AND ARROWS EVENTS CALENDAR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BOXES AND ARROWS EVENT CALENDAR SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BOXES AND ARROWS EVENT CALENDAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOXES AND ARROWS EVENT CALENDAR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOXES AND ARROWS EVENT CALENDAR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BOXES AND ARROWS EVENT CALENDAR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BOXES AND ARROWS EVENT CALENDAR SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOXES AND ARROWS EVENT CALENDAR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOXES AND ARROWS EVENT CALENDAR SHALL NOT BE LIABLE TO YOU FOR 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 BOXES AND ARROWS EVENT CALENDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Boxes and Arrows Event Calendar, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Events Postings and/or reviews are not endorsed by Boxes and Arrows Event Calendar. Reviews do not reflect the views of Boxes and Arrows Event Calendar, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees. Boxes and Arrows Event Calendar does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Boxes and Arrows Event Calendar respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please Contact Us and provide the following Notice:
The Terms constitute the entire agreement between you and Boxes and Arrows Event Calendar and govern your use of the Service, superceding any prior agreements between you and Boxes and Arrows Event Calendar. The Terms and the relationship between you and Boxes and Arrows Event Calendar shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Boxes and Arrows Event Calendar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Boxes and Arrows Event Calendar to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.