Terms and Conditions of Service of and for SouthFloridaFacebookBASH.com & the
South Florida Facebook BASH Event
South Florida FacebookBASH, (hereinafter "BASH", "the BASH", "Us", "Its", "Our", "We") is a service (hereinafter "Event", "Events", "Party", Service", or "BASH") to help facilitate people meeting in person for social and business networking at live events.
This is a legal agreement ("Agreement", "Terms", the "Terms and Service", the "Terms and Use" or the "Terms and Conditions") between You (hereinafter "You", "User", "Attendee", or "Participant") and the BASH. By using the SouthFloridaFacebookBASH.Com Web site, joining Its email list(s) or by participating in Its Events, You explicitly agree to be bound by these Terms and Conditions of this Agreement described herein. If User does not agree to the Terms, User may not use this Web site, join Our email lists and may not attend Our Events. This Terms of Service was last updated on May 5, 2010.
CANCELLATION AND REFUND POLICY
By registering for Our Events, Attendee agrees to the Event price in exchange
for the service We provide. It is Our goal to remove the risk to Pre-Paying
and registering early for Our Events. Therefore if you Pre-Pay online,
you can contact Us via email or telephone (and received a confirmation
back from Us) 14 calendar days or more prior to the start of the Event
You registered for, You shall receive a refund of Your payment less a minimal
$2 processing fee. Should you contact Us via email or telephone (and received
a confirmation back from us) less than 14 calendar days prior to the start
of the Event You registered for, We shall grant You the ability to transfer
your ticket to another individual (we will need to know this in advance
so we may update our attendee list) or you can request a full rain check
credit for any monies paid by You which can be used toward any one of Our
future Events.
OWNERSHIP
This Web Site is not owned by any company but rather, was created by a
group of individuals who want to support the causes involved and the overall
concept. All written, photographic, audio and video content contained on
this Web Site and either displayed or handed out at Its Events are the
property of and is owned by their respective owners and contributors. User
acknowledges that User does not acquire any ownership or intellectual property
rights by viewing or downloading Our copyrighted material. Attendee may
not, and these Terms of Use do not give User permission to, reproduce,
reverse engineer, disassemble, decompile, modify or create derivative works
with respect to information, materials, electronic files, method or process
conveyed on Our Web site or at Our Events. User may not remove any copyright,
trademark or other intellectual property or proprietary notice or legend
contained on the BASH Web site or provided at Its Events. No part of the
work reflected on Our Web pages or at Our Events and covered by copyright
law may be reproduced or copied in any form or by any means - graphical,
mechanical or electronic, including taping, photocopying, or information
storage and retrieval systems for anything but Your own personal use -
without the express written permission of Us. All rights reserved.
INFORMATION ON OUR WEB SITE
Information on the Web Site is provided "AS IS" and may contain
technical inaccuracies or other errors. The operation of Our Web site may
be interfered with by any number of factors outside of Our control. User
uses this Web Site at User's own risk. We make no representations or warranties
of any kind, express or implied, about the completeness, accuracy, reliability,
suitability or availability with respect to the website or the information,
products, services, or related videos or informational content contained
on the website for any purpose. Any reliance User places on such information
is, therefore, strictly at User's own risk. In no event will We be liable
for any loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss of data,
money or profits arising out of or in connection with the use of this Web
Site.
INFORMATION SUPPLIED BY YOU
Any and all information User provides to Us will be true, complete and
correct in all aspects and material information will not be omitted. User
will obey all applicable laws and regulations while using the Web site
and while attending Our Events.
ATTENDEE PARTICIPATION
South Florida FacebookBASH reserves the right to reject any User's event
registration, wait list registration, email list request and may reject
admission to any of Its events for any reason whatsoever, or if registration
has been effectuated, refund User's registration fee in full and prevent
User from participating in any of Its Events.
PAYMENT, CHARGE BACKS AND REVERSALS
By completing the registration process for one of Our Events, User hereby
agrees to pay the Admission Fee charge shown on the appropriate page(s)
of the Web site and further affirms that User will not "charge back" or
otherwise dispute the Fee for any reason whatever without first contacting
Us with Your issue. If there is a dispute regarding payment for the Services
provided by Us, User agrees to expeditiously contact Us to resolve said
dispute before escalating the dispute to User's credit card company. User
should understand that it is always Our sincere desire to resolve any dispute
should one arise in a fast and fair manner.
LIKENESSES
Our Events may be covered by members of the media as well as Photographers
and Videographers may be in attendance with the purpose of taking photos
or recording video of the event and its Attendees. User agrees that should
User participate in one of Our Events, You may be photographed, written
about or filmed by said media or individuals. Additionally, We may take
photos of Our events for Our own purposes. Attendee hereby grants to Us
the right to use Your likeness and/or pictures, testimonials (either written
or video) on Our website, advertising materials, press releases and press
articles and the like. If this is a serious concern, User should avoid
cameras while at the Event.
NON-COMPETE
Attendee hereby understands that the information, tools, processes, strategies,
materials, etc. at Our Events are copyrighted, confidential, and proprietary
to Us and Attendee agrees not to record, duplicate, distribute, release,
sell, teach or train from Our materials in any manner whatsoever without
the express written permission of Us. Any unauthorized distribution or
use of Our proprietary materials and intellectual property by You or
through You via others is prohibited and We will pursue legal action
and full damages if these terms are violated in order to protect Our
rights.
DISCLAIMER OF WARRANTY
Our Events are held and provided "as is" without warranty of
any kind. Attendee assumes the entire risk of attending our Events. We
assume no responsibility for and hereby disclaim all warranties, oral or
written, express or implied, including, without limitation, the warranties
of merchantability and of fitness for a particular purpose.
ELECTRONIC RECORDS
User / Attendee hereby agrees to the use of electronic records to evidence
this Agreement. User understands that User has the right to not consent
to the use of electronic records by not transacting business with Us.
GOVERNING LAW AND GENERAL PROVISIONS
Any claims relating to the use of Our Web site or attendance at Our Events
shall be governed by the laws of Broward County, Florida, U.S.A.
HYPERLINKS
The SouthFloridaFacebookBASH.com Web site may contain hyperlinks to other
third party Web sites not under Our operation or control. Our Event materials
may also reference Web sites of other third parties not under Our operation
or control. When We provide said links, We do so only as a convenience
and do not necessarily endorse and are not responsible for the contents
of any linked or referenced site or any hyperlink contained in a linked
or referenced site.
INDEMNIFICATION
User agrees to indemnify, defend and hold harmless Us, Our agents, invitees,
suppliers and any third party providers to the Service and Events from
and against any and all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these Terms
(including negligent or wrongful conduct) by User’s use of the Web Site
or attendance at Our Events. We will not to be held responsible for any
losses User may incur from attending Our Events.
UPDATES AND CHANGES TO OUR TERMS OF USE
We reserve the right to update or modify these Terms of Use at any time
without prior notice. Such modifications, deletions and/or additions will
take effect upon updating this Web page. Termination of this Agreement
is the sole and exclusive remedy if You deem the modification to be unacceptable.
Your use of this Web site following any such change constitutes Your acceptance
and Your approval to follow and be bound to the changed Terms and Conditions.
As a result, we encourage You to review these Terms and Conditions whenever
you Use this Web site or plan to attend one of Our Events.
COPYRIGHT AND INTELLECTUAL PROPERTY
Except for content and existing Intellectual Property of our Sponsors,
Service Providers, Venues, etc. as well as Facebook, Inc. (whom we are
not affiliated with and this event is not explicitly endorsed by), all
of the Content seen and heard on Our Web site or at Our Events, including
but not limited to, all of the text, page headers, illustrations, graphics,
images, videos, and audio clips, handouts, trademark, service mark, copyright
and/or other intellectual property rights or licenses held by Us. We reserve
complete title and full intellectual property rights in any Content You
download from Our Web site or are provided by Us at Our Events. Except
as noted herein, You may not copy, download, reproduce, modify, publish,
distribute, transmit, transfer or create derivative works from the Content
for any commercial purposes without first obtaining written permission
from Us. You may not use information or materials provided to You by Us
at Our Events in any fashion that infringes Our copyright or proprietary
interests therein, including any patent, trade secret, trademark, or similar
intellectual property right.
TRADEMARKS
Our Events are not sponsored, endorsed by or affiliated with Facebook,
Inc. FACEBOOK and THEFACEBOOK are registered trademarks of Facebook, Inc.
Existing Trademarks: All logos and advertisements relating to other entities
are or may be registered trademarks of their respective owners. No relationship
of any kind, expressed or implied may exist between the Company and the
owners of said trademarks.
PRIVACY
Any and all personal data (for example, Your name, address, telephone number
or e-mail address) you transmit to Us by electronic mail or otherwise will
be used by Us in accordance with Our Privacy Policy as posted on Our Web
site.
CONSENT TO BINDING ARBITRATION
By executing this Agreement You hereby consent and agree that any and all
disputes that arise concerning this Agreement or any of the terms of this
Agreement shall be decided exclusively in binding arbitration conducted
by the American Arbitration Association ('AAA'). User further consents
and agrees that User may file their complaint with the AAA in their state,
but that all AAA arbitration hearings shall be conducted in Broward County,
Florida, where Company is headquartered and located, before a single AAA
arbitrator. The arbitrator shall be appointed in accordance with the Section
R-13, Appointment from Panel, of AAA's Commercial Arbitration rules. User
consents and agrees that the AAA arbitrator shall exclusively apply Florida
law to the dispute, regardless of and without giving any consideration
to choice of law principles. User further consents and agrees that each
party will bear his/her/it's own cost and attorneys' fees incurred in connection
with the AAA arbitration proceedings, and agree that the AAA arbitrator
shall have no power or discretion to make any award of costs or attorneys'
fees. However, in the event that User or Company files any court proceedings
in violation of the contractually agreed upon arbitration requirement,
the party who is required to appear in any court proceedings to defend
against such proceeding shall be entitled to an immediate stay and dismissal
of such court proceedings, and shall be entitled to an award of all reasonable
attorneys' fees and costs incurred in connection with such court proceedings.
The final decision of the arbitrator shall be furnished in writing and
shall constitute a conclusive determination of the issue(s) in question,
binding upon the User and Company, and shall not be contested by either
of them except as permitted by applicable law. Such decision may be used
in a court of law only for the purpose of seeking enforcement of the arbitrators'
award.
LEGAL VENUE
User hereby agrees and consents that the venue for any and all legal matters
is Broward County, Florida, USA.
NOTICE AND NOTIFICATION
These Terms and Conditions serve as Your purchase agreement and are notification
of such. Except as explicitly stated otherwise or required by law, User
shall provide any notices to Us by the methods listed on Our Contact page.
WAIVER
No failure to enforce any provision, assert any right or insist on performance
of any provision under this Agreement in any instance shall be deemed a
waiver of the ability to enforce such provision, assert such right, or
insist on the performance of such obligations in the future. Our failure
to enforce any provision of this Agreement will not constitute a waiver
of Our right to subsequently enforce such provision or any other provision
of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding with regard to Your
use and/or attendance at Our Events and supersedes all prior representations,
oral or written. If any provision, paragraph, subparagraph, sentence, or
word of this Agreement is adjudged by any court of law to be void or unenforceable,
in whole or in part, the rest of the Agreement shall remain in full and
complete effect. The parties agree that in such event, the offending clause
will be replaced with a provision or provisions having the same economic
effect. This Agreement shall be binding on, and shall inure to the benefit
of, the parties to it and their respective heirs, legal representatives,
successors and assigns. By ordering from Us or utilizing Services of Us,
You hereby acknowledge that You have read the above Terms and Conditions,
understand them, and agree to be legally bound by them.
BY USING THE SOUTHFLORIDAFACEBOOKBASH.COM WEB SITE AND/OR ATTENDING OUR EVENTS MEANS ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AND ON OUR EVENT REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF USE.
If you have further questions regarding any aspect of Our Web site, these Terms, Events or other Services provided by Us, please contact Us.