Terms of Service

1.1Purpose of the Services.

The purpose of the Site and App is to provide you with information about and access to the mem-re Services, including the variety of features and ways in which you can use such Services. The Services are intended for communication and entertainment purposes as well as for other interactive uses as set forth in these Terms. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the mem-re Services for their intended purposes, and not for other commercial ventures without first securing prior express written approval from Eventshop. You may not use the Site, App, or any other Services to establish any independent data files, databases, compendiums, or any other reference materials.

1.2License/Grant of Rights.

Subject to your compliance with this Agreement (including the payment of any fees or charges), Eventshop hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to access and use the Services in a manner that is consistent with these Terms for the duration of your access to and use of the Services. You agree this is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained on or through our Services or transfer the content of our Services to another person or “mirror” the content on any other server. If you use an independent artificial intelligence (“AI”) model in connection with the Services, including your own model, and such model is misconfigured or uses data for training without authorization as a result of your interaction with the Services, you acknowledge and agree that Eventshop is not responsible or liable for any resulting damages. Eventshop reserves the right to terminate this license for any or no reason and at any time without notice to you, including without limitation, for breach of any of these Terms. All rights not expressly granted to you are reserved by Eventshop and its licensors. There are no implied rights.

1.3Customer Accounts.

To use the Services, you may have to register for an Eventshop Customer Account (“Account”). If you create an Account, you are required to provide your name and email address, and you must select a password to secure your Account. You are responsible for maintaining the security and confidentiality of your password and other Account information and agree that you are solely responsible for all losses incurred due to someone else using your Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action as we deem necessary or reasonable to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree that you will be responsible for all activities occurring under your Account and for keeping your password secure. To the extent permitted by applicable law, in no event and under no circumstances shall Eventshop be responsible or liable to you for (a) the violations of anyone using your Account, and/or (b) any liabilities or damages related to any unauthorized access to your Account or the use of your Account or password. You shall provide Eventshop with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Eventshop of any unauthorized use of your username and password or any other breach of security you know about in relation to the Services. You further agree not to register for (i) more than one Account, (ii) an Account on behalf of an individual other than yourself without such individual’s authorization, or (iii) an Account on behalf of any group or entity. Without limiting any of its other rights or remedies, Eventshop reserves the right to suspend your access to the Services if Eventshop reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Eventshop suspends or terminates your mem-re Account, you acknowledge that all information and content associated with your Account will no longer be available to you.

1.4Text Message Communications.

Eventshop and/or our third-party event partners may send you SMS or text messages that include updates, alerts, announcements, photo galleries from events, exclusive merchandise or product releases, and other promotional information in relation to the Services, and such messages may be sent using an automatic telephone dialing system or other automated technology. You must consent to receive automated SMS or text messages. By consenting to Eventshop’s SMS/text messaging Service, you agree to receive recurring SMS or text messages sent by or on behalf of Eventshop to the phone number you provided, even if that phone number is registered on any state or federal Do Not Call list. You understand that you do not have to sign up for the SMS or text messaging program as a condition of purchasing or using the mem-re Services. Your participation in our SMS/text messaging Service is completely voluntary.

1. 1.4 (A) You may opt-out of receiving automated SMS or text messages sent by or on behalf of Eventshop at any time. If you wish to opt-out of receiving automated SMS or text messages from Eventshop, please reply with STOP or otherwise follow the unsubscribe or opt-out instructions in any such message. You may receive a one-time opt-out confirmation text message, but no further messages will be sent to your mobile device unless you initiate such messages.
2. 1.4 (B) For support or assistance related to Eventshop’s SMS/text messaging Service, text HELP in response to any message you receive or contact Eventshop using the information at the end of these Terms.
3. 1.4 (C) Eventshop may change any short code or telephone number we use to operate the SMS/text messaging Service at any time and will use commercially reasonable efforts to notify you of these changes. You acknowledge that any messages you send to a short code or telephone number we have changed, including any STOP or HELP requests, may not be received and we will not be responsible for honoring requests made in such messages. You agree that you are responsible for providing and maintaining a valid and accurate mobile phone number for use in connection with Eventshop’s SMS/text messaging Service. If you plan to get a new phone number, then you must opt-out of Eventshop’s SMS/text messaging Service prior to changing your number and sign up for this Service again with the new number. Eventshop and any applicable mobile phone or wireless carriers are not liable for any delayed or undelivered messages.
4. 1.4 (D) Standard data usage fees may be charged by your mobile phone or wireless carrier when receiving SMS or text messages, so please be aware of such fees.

1.5Eligibility Requirements.

By agreeing to these Terms, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (a) you have the necessary rights and authority to enter into and perform the obligations required of you as an Account holder or user of the Services under these Terms; (b) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (c) your use of the Services will comply with all applicable laws and regulations; and (d) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

1.6Mobile Services.

The App and certain other Services that are available via a mobile device including, without limitation: (a) the ability to upload content through the Services via a mobile device; (b) the ability to receive and reply to messages and receive and send text messages from a mobile device; (c) the ability to browse the Services from a mobile device; and (d) the ability to access certain features through the App (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may apply to your use of such Mobile Services.

1.7Restrictions.

You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Eventshop. You shall not (and shall not allow any third party to): (a) permit any third party to access or use the Services except as set forth in this Agreement; (b) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Services; (c) use any unauthorized robot, spider, scraper, or other automated means to access the Services, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Services except to have a copy of your own Inputs; (d) create any derivative works based on the Services; (e) remove any proprietary notices, labels, or marks from the Services or associated content; (f) frame or mirror any content forming part of the Services; (g) access the Services to build any competitive product or service; or (h) copy any ideas, features, functions or graphics of the Services.

1.8Retention Limits.

You agree that Eventshop has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Services. You acknowledge that Eventshop reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that Eventshop reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.9Account Holder Cooperation.

As a mem-re Account holder, you agree that you shall: (a) reasonably cooperate with Eventshop in all matters relating to the Services; (b) respond promptly to any Eventshop request to provide information, approvals, authorizations, or decisions that are reasonably necessary for Eventshop to provide the Services in accordance with the terms of this Agreement; and (c) provide such materials or information as Eventshop may reasonably request so that we can provide the Services and ensure that such materials or information are complete and accurate in all material respects.

1.10Aggregated Data.

Notwithstanding anything to the contrary in this Agreement, Eventshop may monitor your use of the Services and collect, compile, and use data, including information related to or derived from your use of the Services and any content you submit through the Services, in an aggregate and anonymized manner (the “Aggregated Data”). Such Aggregated Data could be used, among other reasons, to compile statistical and performance information related to the Services. You agree that Eventshop may collect, analyze, and otherwise process Aggregated Data for its own business purposes, including for security and analytics, to enhance the Services, and for other development, marketing, promotional, and commercial purposes and in the manner permitted under applicable law.

1.11Modification of the Services.

Eventshop may modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Eventshop will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any content you submit through the Services as needed so that you have access in the event the Services are modified and you lose access to such content.

2.1User Generated Content.

Certain mem-re Services may allow you to post or upload your own user generated content that becomes available for viewing by other users of the Services, including but not limited to any information, content, or materials you transmit through mem-re Services for Eventshop to print, frame, and return to you as a final product (“UGC”). Your UGC shall be considered your data and shall be subject to the license grant provisions of Section 2.3. Any UGC you transmit, post or otherwise make available on or through the Services, which includes any comments, images, photos, designs, drawings, artwork, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Eventshop on a non-proprietary and non-confidential basis.

2.2mem-re Content.

With the exception of your UGC as defined above, all other content or material available on or through the Services is the property of Eventshop or its licensors including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, graphics, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files, as well as images of unique, highly valuable photographs and other works of art created by third-party artists (collectively, the “mem-re Content”). All mem-re Content is either owned by Eventshop or made available to Eventshop through arrangements with third parties.

2.3Intellectual Property Rights.

Certain elements of mem-re Content available through the Services including, but not limited to, text, graphics, photographs, images, video, audio, color selections, organization and layout, are protected by United States and international copyright laws or other applicable intellectual property laws. Any mem-re Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works from, or reverse engineered without permission, except that you may print out one copy of each page on the Site solely for non-commercial personal or educational use. Unauthorized use of any mem-re Content may result in violation of copyright, trademark, and other applicable laws related to intellectual property protections.

2.4Restriction on the Use of mem-re Content.

You acknowledge that no right, title, or interest in or to any mem-re Content is transferred to you as a result of you accessing, downloading, or printing mem-re Content from the Services, and you will not use, copy or display mem-re Content except as permitted under this Agreement. No other use is permitted without Eventshop’s prior written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in the mem-re Content on any authorized copy you make of mem-re Content. You may not sell, transfer, assign, license, or sublicense any mem-re Content. The use or posting of any mem-re Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the mem-re Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of the mem-re Content. mem-re Content protected by this Section 2 includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party mem-re Content.

2.5Trademarks.

mem-re™ and EVENTSHOP® and other trademarks, service marks, and logos of Eventshop (the “Eventshop Trademarks”) used and displayed on or through the Services are registered or unregistered trademarks or service marks of Eventshop. Other company, product, and service names, logos, or marks available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the Eventshop Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or through the Services without the prior written consent of Eventshop for each such specific use. Use of any Trademark as part of a link to or from any web site is prohibited without Eventshop's prior written consent. All goodwill generated from the use of any Eventshop Trademark shall inure to Eventshop’s benefit. All rights not expressly granted herein are reserved to Eventshop.

2.6UGC License Grant.

You, as Eventshop’s Customer, hereby grant to Eventshop and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (a) displaying and demonstrating the capabilities and functioning of the Services; (b) marketing the Services, in any media now known or hereafter developed; and/or (c) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other Account holder to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

2.7Feedback.

To the extent you provide us with any feedback, comments or suggestions regarding the design, functionality or operation of the Services (the “Feedback”), Eventshop will own all rights in the Feedback and may freely use and incorporate the Feedback into the Services or any of our current or future products or Services without any compensation to you.

3.1Term, Termination, and Automatic Renewal.

Your rights to access the Services shall begin when you register to set up an Account or otherwise access and begin using the Services. Unless you are otherwise notified, agree to, and are allowed by Eventshop, the term of this Agreement shall continue for as long as you maintain an Account or use the Services (the “Term”).

3.2Eventshop Right of Termination.

Eventshop reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services at any time and for any reason without prior notice or liability including, without limitation, in response to your breach of any of these Terms.

3.3Effects of Termination.

Upon termination of this Agreement: (a) all rights Eventshop granted to you shall terminate and Eventshop shall no longer provide you with access to the Services; (b) you shall cease using the Services; and (c) Eventshop shall delete all of your Account data.

4.1Orders.

With respect to any purchase, order, or transaction you initiate or complete through the Site, App, or other mem-re Services which may include, for instance, purchases of artwork, photographs, or prints (each, an “Order”), your placement of an Order through our Services is an offer to purchase the product(s) and/or Services ordered and we may accept your Order by processing your payment and shipping the final product. Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Eventshop until the final product(s) has been shipped to you. If one or more of the products in your Order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any Order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when Eventshop provides the product(s) to a common carrier. You may cancel or terminate your Account at any time. Any fees paid by you in connection with the Services are non-refundable.

4.2Fee Changes.

Eventshop reserves the right to increase its fees (or to begin charging fees for any free version of the Services) upon at least thirty (30) days’ advance notice on the Site, provided that such changes will not apply to fees or charges paid or used prior to the time of the change.

4.3Taxes.

All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Services, or your access to the Services. You shall be solely responsible for all such taxes, duties, and charges, as applicable.

4.4Payments.

To pay for an Order, you will need to provide Eventshop with the information necessary to process an Order from you, including your shipping address and the billing information requested to pay for such Order. You may pay for your Order via credit card or any other manner then available on or through the Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons who are 18 years old or older are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on or through the Services (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); provided, however, that you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

4.5Availability, Color, and Quality.

We use commercially reasonable efforts to display our products and their colors as accurately as possible. Yet, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are always subject to change in our sole discretion as set forth herein. We cannot confirm the price of an item until you place an Order. In the event that you change your Order, the price of your Order will likely change. You authorize us to charge your payment method for any changes to your Order that you have initiated on or through the Services or otherwise (for instance, by way of an email request to Eventshop). Despite our best efforts, a small number of the items available on or through our Services may be mispriced. We are not responsible for typographical errors regarding price or any other matter appearing in mem-re Content. Unless otherwise noted through the Services at the time of your Order, all prices include shipping and handling.

4.6Shipping Dates.

Any estimated shipping date provided by Eventshop is based on the date that Eventshop receives your Order, product availability, and payment processing time, and does not include transit time.

4.7No Returns.

Every product sold by Eventshop is “made to order,” which means it is specifically manufactured just for you only after you have placed your Order. Accordingly, Eventshop does not accept refunds, returns, or exchanges for Orders. We are also unable to make any changes or cancellations to orders after 24 hours from the moment the Order is placed. If you believe you have made a mistake with your Order, please contact us immediately.

4.8Damage Review Process.

On rare occasions, one or more products in an Order may be damaged while in transit in possession of our shipping partners. If one or more of your product(s) arrives damaged, please send detailed, clearly visible photos of the damage including images of the packaging to support@eventshop.com. In cases where one or more product(s) is materially damaged, Eventshop may elect to restore or replace the damaged product(s) in Eventshop’s sole discretion following a review of the photos submitted (“Damage Review”). If you request a Damage Review, you expressly acknowledge and agree to the following: (a) photos of damaged areas of product(s) must be clearly visible and submitted to us in .jpeg or .png format; (b) photos of damage must be received by Eventshop no fewer than seventy-two (72) hours following the indicated delivery date of the applicable Order by the shipping provider responsible for delivering the Order; (c) photos of the damage must have been taken immediately following receipt of the product(s), and the product(s) must not have been hung, placed or otherwise installed prior to photos of the damage being taken; (d) a Damage Review requires a minimum of thirty (30) business days to complete, and Eventshop may elect to replace or repair the damaged product in its sole discretion; and (e) the delivery of a replacement product, if any, will be subject to then existing manufacturing capacity, inventory, availability and shipping timing, and you may be responsible for payment of return shipping in the event that Eventshop elects to repair or replace the product(s).

5.1Consent to Use Personal Data.

As referenced above, the Services may allow you to upload or post your own UGC in certain instances. You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Eventshop may process and disclose such information as necessary to: (i) fulfill Eventshop’s obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. Account holders shall at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other Account holders or users of the Services to Eventshop and its affiliates, subcontractors, agents, successors and/or assigns.

5.2Regulations.

Eventshop reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold Eventshop and its affiliates harmless from any claims resulting from any action taken by Eventshop during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Eventshop or law enforcement.

5.3Moderation.

You acknowledge and agree that Eventshop may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any UGC that Eventshop determines is inappropriate or disruptive to the Services or to any other user of the Services. Eventshop has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.

5.4UGC Representations and Warranties.

You represent and warrant to Eventshop that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

5.5No Endorsement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Eventshop a notice requesting that the material be removed, or that access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to Eventshop’s designated agent for notice of claims of copyright infringement at:

Under the DMCA, notices must include all of the following details:

1. An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eventshop to locate the material, such as its URL;
4. Information reasonably sufficient to permit Eventshop to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Eventshop takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.

If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to privacy@eventshop.com detailing your allegation. Eventshop takes infringement of intellectual property rights seriously and will investigate the matter.

5.6Additional Responsibilities.

You are solely responsible for all UGC and any other Account Data that you or anyone using your Account uploads on or through the Services. Eventshop does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.

6.1Interactions with Others.

In using the Services, you may interact with other Account holders and users of mem-re Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the terms of this Agreement. Eventshop is not responsible for the conduct of any other Account holder or user of the Services who may interact with you, regardless of whether it is done through the Services. Eventshop cannot guarantee that any information or material you receive from other users of the Services is accurate, complete, reliable, or updated on any regular basis. Eventshop has no direct control over any information or material you receive from other users of the Services, and therefore Eventshop is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any information or material you receive from other users of the Services. None of the information or material you receive from other users of the Services is fact-checked or maintained by Eventshop.

6.2Compliance with Applicable Law.

You agree that you are responsible for Your Content and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to United States export control laws and any other laws regarding the transmission of technical data exported from your country of residence. You agree that you are solely responsible for your compliance with all such laws and regulations.

6.3Prohibited Conduct.

In connection with your access to and/or use of the Services, you agree that you will NOT:

• Transmit anything that imposes an unreasonable or disproportionately large strain on Eventshop’s network or computer infrastructure;
• Upload or post any inappropriate or offensive content or language;
• Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services;
• Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services;
• Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by Eventshop or other users of the Services;
• Make unauthorized attempts to modify any information stored through the Services;
• Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes;
• Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations; and/or
• Provide false or misleading information.

This list of prohibitions is not exclusive. Eventshop reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Eventshop reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

7.1External Sites.

The Site and certain other Services contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The display of links is not meant to imply that Eventshop guarantees, approves, or recommends the External Sites or any information, products, or services available on or through those External Sites. The content of such External Sites is developed and provided by others, and the links are not meant to indicate any association between the External Sites and Eventshop. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Eventshop is not responsible for the content of any linked External Sites including, without limitation, any links displayed on such External Sites, and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to such External Sites.

7.2Interaction with Social Media.

Eventshop may also allow for integration and other interactions between the Services and other third-party social media platforms. This may include integration with third-party buttons or plugins available on or through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Eventshop has no control over these third-party social media platforms and you use these interaction functions at your own risk. Eventshop is in no way liable for any harm to you as a result of using one of these social media interaction functions.

8.1Disclaimer.

TO THE EXTENT PERMITTED BY LAW, EVENTSHOP MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS ABOUT THE SITE, SERVICES, AND/OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING YOUR UGC AND MEM-RE CONTENT. EVENTSHOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND SUCH CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. EVENTSHOP SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF UGC, MEM-RE CONTENT, OR ANY OTHER INFORMATION CONVEYED ON OR THROUGH THE SERVICES OR FOR ERRORS, MISTAKES, OMISSIONS, DATA LOSS, DATA CORRUPTION THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. WITHOUT LIMITING THE FOREGOING, EVENTSHOP MAKES NO WARRANTY THAT THAT THE MEM-RE CONTENT OR SERVICES ARE FREE FROM MISTAKES, ERRORS, OR DEFECTS. YOU ACKNOWLEDGE AND AGREE THAT YOU USE ANY UGC, MEM-RE CONTENT, AND OTHER SERVICES AT YOUR OWN RISK.

8.2Additional Disclaimers.

EVENTSHOP DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. EVENTSHOP DOES NOT WARRANT THAT THE MEM-RE CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA DUE TO DATA LOSS OR DATA CORRUPTION, EVENTSHOP SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

8.3Services Provided “As Is”.

TO THE EXTENT PERMITTED BY LAW, THE MEM-RE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). EVENTSHOP DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, EVENTSHOP MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

9.1Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENTSHOP BE LIABLE TO YOU OR ANY ACCOUNT HOLDER OR OTHER USER OF THE SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST OR CORRUPT DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF EVENTSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (i) THESE TERMS; (ii) THE USE OF OR INABILITY TO USE THE SERVICES; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (iv) ANY CLAIM ATTRIBUTABLE TO SECURITY BREACHES, ERRORS, OMISSIONS, OR INACCURACIES THAT OCCUR OR ARE AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. FURTHER, EVENTSHOP SHALL NOT BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY SERVICES OFFERED THROUGH THE SERVICES.

9.2Damages Cap.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TOTAL AGGREGATE LIABILITY OF EVENTSHOP FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU OR THE APPLICABLE ACCOUNT HOLDER(S) TO EVENTSHOP IN THE PREVIOUS ONE (1) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

9.3Basis of the Bargain.

YOU AND EVENTSHOP (COLLECTIVELY, THE “PARTIES”) AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.

9.4Scope of Applicability.

SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EVENTSHOP TO ANY ACCOUNT HOLDER OR OTHER USERS OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9.5Remedy.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

10.1Account Holder Indemnification.

You agree to defend, indemnify, and hold harmless Eventshop and its affiliates from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses including, without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages Eventshop suffers in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (a) your breach of these Terms or any other portion of this Agreement; (b) your access to, use, or misuse of the Services, or the use of the Services by any person or entity using your Account; or (c) any violation of an applicable law or regulation by you through your use of the Services.

10.2Indemnification Process.

Eventshop shall provide notice to you of any such indemnification claim, suit, or proceeding. Eventshop reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 10. In such case, you agree to cooperate with any reasonable requests in assisting Eventshop's defense of such matter. Your indemnification obligations shall survive the termination this Agreement.

11.1Services Not Intended for Minors.

The Services otherwise are not directed at, marketed to, nor intended for, individuals under 18 years of age. No one under the age of 18 is authorized to use the Services, and minors younger than 18 are not permitted to provide any information on or through the Services without the verified consent of any such minor’s parent(s) or legal guardian(s). If you are under 18 years of age, DO NOT: use or provide any information on or through the Services; use any of the Services’ features; use any interactive or public commenting feature on the Services; and/or provide any UGC or information about yourself to Eventshop.

11.2Notice and Request Process.

Eventshop does not and will not knowingly collect or request any information, including Personal Information, from any person under 18 years of age without the consent of the minor’s parent(s) or legal guardian(s). If Eventshop learns that we have received Personal Information from any person under 18 years of age without the appropriate consent of the minor’s parent(s) or guardian(s), Eventshop will delete that information. If you are a parent or legal guardian of a child under the age of 18, and believe your child may have used or uploaded or posted UGC or Personal Information through the Services inadvertently or without authorization, and such information is publicly available, or if you believe Eventshop might otherwise have information from or about any person under 18 years of age, please contact us immediately at privacy@eventshop.com.

12.1No Class Action or Trial by Jury.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EVENTSHOP AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THE PROVISIONS OF THIS SECTION 12, AND THAT YOU AND EVENTSHOP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

12.2Agreement to Arbitrate Disputes.

For any dispute you have with Eventshop, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Account or otherwise associated with your Order. If Eventshop hasn’t been able to resolve the dispute with you informally, you agree that any claim, dispute, or controversy arising under or relating to this Agreement shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, including its rules for emergency measures of protection, except to the extent that the Commercial Arbitration Rules of the AAA may be interpreted to require the parties to produce documents, witnesses, or information at a time other than at a hearing without the parties’ mutual consent. In the event more than one (1) demand for arbitration is filed in connection with this Agreement, the demand filed with the AAA office having jurisdiction over Tennessee proceedings shall take precedence, and any other demand shall be withdrawn and presented in the Tennessee filing. The arbitrator will apply the substantive laws of the State of Tennessee, without reference to its conflict of laws provision. Arbitration shall be held in Tennessee and shall include an award of reasonable attorneys' fees (and the amount of such fees) to the prevailing party. The arbitrator's award shall be final and binding, and judgment thereon may be entered in any court having jurisdiction over the party against which enforcement is sought; provided that any such award rendered by the arbitrator shall be strictly in conformance to and in accordance with the terms and conditions of this Agreement, including the limitation of liability provisions contained herein. The parties undertake and agree that all arbitration proceedings conducted under this Section 12 shall be kept strictly confidential, and all information, documentation, or materials in whatever form disclosed during such arbitration proceedings shall be used solely for the purpose of those proceedings. Other than those matters involving injunctive relief as a remedy or any action necessary to enforce the award of the arbitrator, the parties agree that the provisions of this Section 12 are a complete defense to any suit, action, or other proceedings instituted in any court or before any administrative tribunal with respect to any dispute or controversy arising under or relating to this Agreement. Nothing in this Section 12 shall prevent Eventshop from exercising its rights to terminate this Agreement as specified herein, or from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Services. The provisions of this Section 12 shall survive the expiration or termination of this Agreement for any reason.

12.3Governing Law.

This Agreement, including these Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of Tennessee, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

13.1International Concerns.

Eventshop operates the Services from the United States. We make no claims concerning whether the Services, including without limitation any mem-re Content, may be downloaded, viewed, or appropriate for use outside of the United States. If you access the Services or mem-re Content from outside of the United States, you do so at your own risk and are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws or complies with data privacy or sharing regulations. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using the Services, you agree and acknowledge that information about you, including any personal information, may be transmitted to, processed in, and stored in the United States.

13.2Export Controls.

The United States controls the export of software products and technical data. You expressly agree to comply with such restrictions and not to export or re-export any portion of the Services to countries or persons prohibited under U.S. export control laws. By accessing, using, or downloading any portion of the Services, you are expressly agreeing that you are not in a country where such export is prohibited or a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services and any mem-re Content.

13.3No Responsibility for Technical Issues.

Eventshop is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Eventshop’s computer or network systems, including any Eventshop hardware or devices, that may or may not result in the disclosure of any personal information you provided to us. Eventshop does not assume any liability or responsibility for your use of the Internet or the Services including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing or using the Services.

13.4Notice for California Residents.

If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Eventshop with any complaints or to seek additional information. You may email Eventshop at privacy@eventshop.com. For any physical documents, you may send mail to 101 Creekside Crossing STE 1700 #386 Brentwood, TN 37027. If California users have any questions or complaints about Eventshop, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210. Hearing impaired persons may call 1-800-735-2929 via TTY device.

13.5Waiver.

Any failure of Eventshop to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Eventshop unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

13.6Severability.

If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect to the extent permitted by law.

13.7Interpretation.

Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words “include,” “includes,” or “including” in this Agreement shall not be limiting and “or” shall not be exclusive.

13.8Entire Agreement and Survival.

This Agreement constitutes the entire agreement of the parties with respect to the Services and supersedes all prior communications, promises, and proposals, whether oral, written, or electronic, between you and Eventshop, with respect to the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination or expiration of this Agreement.

If you need to contact Eventshop for any reason, please use the following contact information: