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Capacity App | Terms of Use

TERMS AND CONDITIONS

Last Updated: 2/13/17

PLEASE READ THESE TERMS OF SERVICE (these “Terms”) CAREFULLY. These Terms set forth the legally binding terms and conditions that govern your access to and use of the website (as defined below) AND THE APP (AS DEFINED BELOW). By accessing or using the website OR THE APP, you are accepting these Terms (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE APP OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. If you do not agree with all of the provisions of these Terms, do not access and/or use the website OR THE APP.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

AGREEMENT BETWEEN USER AND ROAR EVENTS GROUP, LLC

These Terms govern all use of the website of ROAR events group, LLC located at https://roarevents.com/ (the “Website”) and the Capacity App related thereto (the “App” and, together with the Website, the “Platform”) and all content, services and products available on or delivered through the Platform. ROAR events group, LLC, a California limited liability company (the “Company”), owns and operates the Platform, and the terms “ROAR events”, “we”, “us” and “our” used in these Terms refer to the Company. The Platform is a copyrighted work belonging to the Company.

The Platform is offered subject to your acceptance without modification of all of these Terms and all other operating rules, policies, and procedures that may be published and changed from time to time on the Platform by us (collectively, the “Agreement”). Any subsequent changes by us to the Platform (including, without limitation, the release of new tools or resources) shall be subject to the terms and conditions of the Agreement.

We reserve the right, at our sole discretion and at any time, to amend, modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. You agree to periodically review these Terms, including the date first appearing above, to ensure that you have reviewed the most recent version of these Terms. Your continued use of or access to the Platform following the posting of any changes to the Agreement constitutes acceptance of those changes.

The Agreement is a legally binding agreement between you and us so please read the Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use any part of the Platform. If these Terms are considered an offer by us, acceptance is expressly limited to the terms and provisions of the Agreement.

LINKS TO THIRD PARTY SITES

The Company Platform may contain links to other Websites (“Linked Sites”). The Linked Sites or any promotional information about other companies provided by the Platofrm are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Company Platform, you warrant to the Company that you will not use the Company Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Company Platform in any manner, which could damage, disable, overburden, or impair the Company Platform or interfere with any other party’s use and enjoyment of the Company Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company Platform.

USE OF COMMUNICATION SERVICES

The Company Platform may contain social networking services, blog posts, chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or anyone associated with you in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ROAR EVENTS GROUP, LLC OR POSTED AT ANY COMPANY PLATFORM

The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input or submit to any Company Platform or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies, and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY OR THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY OR PLATFORM AT ANY TIME. ADVICE RECEIVED VIA THE COMPANY SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COMPANY PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPANY PLATFORM, WITH THE DELAY OR INABILITY TO USE THE COMPANY PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY PLATFORM.

SERVICE CONTACT: feedback@roarevents.com

TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Company Platform and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Contra Costa County, California, U.S.A. in all disputes arising out of or relating to the use of the Company Platform. Use of the Company Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company Platform. The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Platform or information provided to or gathered by the Company with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and the Company with respect to the Company Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Company Platform. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Company Platform are: Copyright 2017 by ROAR events group, LLC and/or its suppliers. All rights reserved.

INTELLECTUAL PROPERTY AND TRADEMARKS

You acknowledge and agree that we are the sole owner of all right, title and interest in the Platform and any and all Intellectual Property (as defined below). We reserve all rights in and to any and all Intellectual Property. No right, license or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses and transfers of ownership (if any) are granted only as expressly provided in the Agreement. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.

Intellectual Property” means, with respect to the Company (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, logos and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, pricing, cost and financial information, and business and marketing plans and proposals). For the avoidance of doubt, Intellectual Property includes any and all additions, modifications, derivative works and improvements thereto.

The name “ROAR events group,” “ROAR events,” “Capacity,” our logo and any of our slogans and other trademarks and service marks are trademarks and service marks of the Company. The use of any other trademark or service mark is not authorized by, sponsored by or associated with the Company and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit or take any other action with respect to our trademarks or service marks without our express prior written consent.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

 

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