Every user must accept EventStir.com’s terms and conditions before opening an account.
Welcome to EventStir.com ("EventStir.com" or "EventStir"). Prior to registering with EventStir.com, you must read and accept all of the terms and conditions herein, and linked to these Terms and Conditions (collectively, this “Agreement.”)
This Agreement governs all transactions between you and EventStir.com, as well as your use of the EventStir.com Website (the “Site”), and all other services provided by EventStir (any such service, a “Service” and collectively the “Services”).
This Agreement may be modified by EventStir.com in its sole discretion from time to time and such modifications shall automatically become part of this Agreement if you continue to use the Site. You should review the Site and this Agreement from time to time for any modifications.
YOU UNDERSTAND THAT BY USING THE SITE (INCLUDING ANY CONTENT, DEFINED BELOW, PROVIDED THEREIN), ANY SERVICE OR YOUR EVENTSTIR.COM ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES PROVIDED BY EVENTSTIR. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU”AND “YOUR” REFER HEREIN TO THAT BUSINESS.
Posting an Event: EventStir.com may provide you with the opportunity or a platform to post an opportunity (an “Event”) and make such Event available or publicized on EventStir.com (an “Event Posting”) to showcase and share certain information about the Event and elicit feedback and financial contributions from other users. Your Event Posting is User Content (as defined below), and is subject to all the terms and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post a false or misleading Event or to post false or misleading information in your Event profile. Users who post Events are sometimes referred to in this Agreement as "Content Creators." You are responsible for confirming the Event and Event Fundraising is in compliance with all applicable law.
Event Fundraising: EventStir.com may provide you the opportunity or a platform to fundraise for your Event by soliciting financial contributions to support the Event from other users ("Contributions"). The rules governing fundraising for your Event through the Service (the "Fundraising Rules") are as follows:
You shall have full responsibility for applicable taxes for all Event Funding paid to you as a result of the Services, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold EventStir.com harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on EventStir.com by the relevant taxing authorities with respect to any Event Funding paid to you.
EventStir.com makes no guarantee regarding the number or amount of Contributions, or the amount of any Event Funding payment to be made to you or the Event Entity under this Agreement. You are responsible for any chargebacks and refunds, processing fees, and other amounts with respect to your account and/or Event Funding.
Through EventStir.com you may have the opportunity to make Contributions to Event Postings on the Site or through the Services. You may contribute to any Event with an open Funding Request in any amount you choose. This excludes Events where you are the Content Creator. You may contribute to as many Events as you like.
It is solely your choice to contribute to an Event. You understand that making a Contribution to an Event does not give you any rights in or to that Event, including without limitation any ownership, control, or distribution rights, and that the Event Entity shall be free to solicit other funding for the Event, enter into contracts for the Event, allocate rights in or to the Event, and otherwise direct the Event in its sole discretion. You further understand that nothing in this Agreement or otherwise limits EventStir.com's right to enter into agreements or business relationships relating to Events. EventStir.com does not guarantee that any Event's funding goal will be met. Any Rewards offered to you are between you and the Event Entity only, and EventStir.com does not guarantee that Rewards will be delivered or satisfactory to you. EventStir.com does not guarantee the use of any Event Funding for any purpose or the outcome of any Event.
Contributions to Events are nonrefundable. Under certain circumstances EventStir.com may, but is under no obligation to, seek the refund of Event Funding if the Event Entity misrepresents the Event or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Event Entity, and the Payment Processor only, and that EventStir.com is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Payment Processor.
EventStir.com makes no promises, verifications, or guarantees regarding the deductibility of any Contribution for tax purposes. EventStir.com does not and will not offer or provide tax advice. Please consult your tax advisor for more information.
EventStir currently uses Stripe.com (“Stripe”) as its payments processor. Sending or receiving payments for transactions made with or through EventStir is subject to Stripe’s Terms of Service, Site Terms, and Acceptable Use Policy. By using the Services, you agree to Stripe’s additional terms.
Further questions or concerns regarding payments on EventStir should be addressed to Stripe at http://www.stripe.com or email@example.com.
You agree that Eventstir, its partners and users own and retain all proprietary rights to the content found or made available through the Site or the Services, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects other material and information, and associated trademarks and copyrightable works ("Content"). You further agree that "EventStir.com" and the EventStir.com logo are trademarks and service marks of EventStir Inc. and may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through any Service. Unless expressly permitted in writing by EventStir, you may not copy, publish, distribute, display or sell any such Content or proprietary information.
Eventstir grants to each user of the Service a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Eligibility. You may use the Services if (1) you are at least 18 years old or be between the ages of 13 and 17 and have the consent of a legal guardian whose name appears on all used banking accounts and payment/contribution methods provided upon registration, (2) your account or use of Evenstir.com has not been not otherwise been restricted, suspended or terminated and (3) you are not using another user’s account with such user’s permission. You agree that all information provided in your EventStir.com registration is accurate, truthful, current, and complete, and that you will regularly update this information as often as necessary to keep it accurate, complete and correct.
Any fees paid hereunder are non-refundable. When your event reaches its tipping point, EventStir charges a 5% service fee and Payment Processor charges a 2.5% processing fee to every attendee. Eventstir.com is not responsible for the performance of the Payment Processor. If your event does not meet its tipping point, you will not incur any fees.
In the event that EventStir discontinues the Site or Services or your access to either, subject to the terms of this Agreement, EventStir will remit any monies held in your EventStir.com account which are not otherwise due and payable to EventStir to you via the mailing address you provide as part of your EventStir.com account information.
Termination by Eventstir. EventStir may terminate your access to all or any part of any Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site or by contacting the EventStir’s support email. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Termination by You. You may stop using the Site or Services at any time and you may terminate your EventStir.com account by selecting this option on your account information page or by contacting the EventStir’s support email. Any Comments (defined below) may remain on the Site or within the Services upon any termination of your EventStir.com account. Any suspension, termination or cancellation will not affect your obligations to EventStir under this Agreement (including, but not limited to, payment of charges and fees, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Applicable Rules and Regulations. All transactions using your account will be subject to EventStir’s rules and policies. EventStir is not responsible for monitoring information posted by users using its Services, but it reserves the right to delete any information, cancel transactions through the Payment Processor or delete other materials posted or made available by you or other uses if it believes these might violate any federal or state law, or rules or regulation of any national or international regulatory or self-regulatory body or this Agreement.
Termination or Suspension of the Site or Services & Modification of the Agreement. EventStir.com reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate this Agreement without advance notice. Modifications to this Agreement or any policies will be posted on the Site or made in compliance with any other applicable notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies. If your EventStir.com account is terminated, you may not become an EventStir.com member again without the express written permission of EventStir.
Prohibited Activities: You may not use the Site or Service for activities that:
Other Restrictions. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
EventStir.com reserves the right to suspend and remove any Event that it deems to be in violation of or in potential violation of any provision of this Agreement with or without notice to you. EventStir.com also reserves the right to suspend and remove any Event at its sole discretion with or without cause, and with or without notice to you.
International Access. Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from any such location, you do so at your own initiative and are responsible for compliance with local laws.
Contacting Authorities. EventStir may notify authorities or take any actions it deems appropriate, without notice to you, if EventStir suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of this Agreement or any policies or rules established by EventStir; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other EventStir.com users, EventStir.com or any other third parties or the Site or Services.
Interactions Between EventStir.com Users. You are solely responsible for your interactions (including any disputes) with other EventStir.com users. You understand that EventStir does not in any way screen EventStir users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other EventStir.com users. You agree to take reasonable precautions in all interactions with other EventStir.com users, particularly if you decide to meet a EventStir.com User offline or in person.
Compliance. EventStir.com reserves the right to contact you, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You agree to cooperate fully with EventStir or its representatives in any investigation of any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized EventStir representatives access to any password-protected portions of your EventStir.com account.
Indemnification By You. You agree to indemnify and hold EventStir, and its directors, officers, employees, agents, contractors, and suppliers (“Indemnified Persons”) harmless from any loss, liability, demand, claim, costs and expenses, including without limitation reasonable attorney’s fees, directly or indirectly out of (i) your use of the Site, the Service, the Content (ii) your participation in any of the programs offered, or (iii) arising from your breach of this Agreement. EventStir reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with EventStir in asserting any available defenses.
Disclaimer: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EVENTSTIR.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS; THAT ANY SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. EVENTSTIR.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY EVENTSTIR.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVENTSTIR.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EventStir has no special relationship with or fiduciary duty to you. You acknowledge that EventStir has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; 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 EventStir from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. EventStir makes no representations concerning any Content contained in or accessed through the Site, and EventStir 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 Service. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL EVENTSTIR, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ANY SERVICE, THE UNAVAILABILITY OF ANY SERVICE OR OTHERWISE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. IN NO EVENT WILL EVENTSTIR BE LIABLE FOR FEES, EXPENSES OR DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). 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.
Electronic Delivery/Notice Policy and Your Consent By using the Services, you consent to receive from EVENTSTIR.COM all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. EVENTSTIR.COM may provide such electronic Contract Notices by posting them on the EVENTSTIR.COM Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the EVENTSTIR.COM Site and Services.
Electronic Communications Privacy Act Notice (18USC 2701-2711): EVENTSTIR MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. EventStir will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on EventStir’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
THE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICTING PROVISION OR RULE THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE COMMONWEALTH OF VIRGINIA TO BE APPLIED. THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THE TERMS OR ANY DOCUMENTS RELATED HERETO. YOU AGREE THAT ALL DISPUTES ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY STATE OR FEDERAL COURTS LOCATED IN ALEXANDRIA OR FAIRFAX COUNTY, VIRGINIA, AND ANY APPELLATE COURT FROM ANY THEREOF. YOU HEREBY WAIVE ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OR TO THE JURISDICTION OF ANY SUCH ACTION, SUIT OR PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTON BROUGHT BY YOU AGAINST CONSULTING EXPRESS OR ANY INDEMNIFIED PARTY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
This Agreement in its entirety contains the complete Agreement between you, and EventStir regarding the use of the Site and any site-related services and programs. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of that provision. If modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of EventStir to exercise or enforce any right or provision set forth in this Agreement shall not constitute a waiver of such right or provision.
EventStir may assign its rights and obligations to any individual or entity at any time and without notice to you. The section headings used in the Terms are for convenience only and have no legal effect.
Please contact us at firstname.lastname@example.org with any questions related to this Agreement.