Ettend - About

Event Management Software & Registration

Terms of Service

Last updated Dec 25, 2009

Ettend Terms of Service
By using the Ettend.com web site (“Ettend” or ”Service”), a service of R3interactive, LLC (“R3interactive”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “TOS”). If you do not accept this entire TOS, then please do not use Ettend.

Eligibility
You must be 13 years or older to use Ettend. You must provide current and accurate information when registering and/or using this Service. You are responsible for maintaining the confidentiality of your Ettend password and account, and are responsible for all activities that occur hereunder. Ettend reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

 

 
  1. Use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Ettend.
  2. Use the Service for any fraudulent or inappropriate purpose.
  3. Resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Ettend;
  4. Use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.


Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state, federal and international penalties and other legal consequences.

 

Intellectual Property Rights
You acknowledge that Ettend owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Ettend claims no intellectual property rights over the material you provide to the Service.

Content, Links
Ettend provides a number of different services to assist in event management on this Service. Ettend does not control all of the content posted to the site and, as such, does not guarantee the accuracy, integrity or quality of such content, including links to and from Ettend. You understand that by using Ettend, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Ettend be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Ettend. Please report abuse by emailing support@ettend.com.

Ticket Refunds, Ticket Exchanges and/ or Event Guarantees
Ettend is not responsible, nor guarantees any ticket(s) sold (including free and/or RSVP events) on our Service or by members or related to tickets, venue, date or anything related to the events featured at Ettend. It is the sole responsibility for each event manager, user or ticket buyer to honor each ticket sold as advertised. As a buyer of a ticket, Ettend does not guarantee any ticket purchased on this site; including any refund or any restoration derived from misleading or tickets not honored, lost, destroyed, damaged or stolen. It is your responsibility, as the ticket buyer to contact the corresponding ticket seller and work out restoration with the event manager directly. If reported to Ettend, we will make appropriate actions in regards to suspending or permanently removing them from Ettend and our services.

Free Trial Account
When initially registering with Ettend, you are accepting a limited free trial account that allows you to collect up to 50 total attendees by using this Service. Once you have collected 51 total attendees, you will be required to upgrade to a paid account plan (see plans). At the time an upgrade is required, at 51 total attendees, features of your Ettend service will be suspended/ in-active, including the ability to register (sell or collect) new attendees, until you successfully upgrade to a paid account plan, at which time, all features will instantly be re-activated. You will always have access to your already collected attendee data and option to terminate your account. You can upgrade in-advance at any time to avoid Service interruption.

Payments, Refunds
Ettend charges its users for services available to them by requiring an upgrade to a paid account. Paid accounts differ services and features allowed and are set forth here. Ettend may change the amount of the fees for Service and other fees to be paid by current users by giving at least thirty (30) days prior written. We process Ettend payments through Authorize.net and by doing so, do not collect, keep or have access to credit card numbers or related financial data used to pay fees.

 

It’s important to understand the payment process:

 

 
  1. A valid credit card is required for upgrading and paying accounts. Your free trial account does not require you to provide a credit card number.
  2. Ettend service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All Ettend fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Ettend does not accept any liability for such loss.
  6. You account can be temporally set to a free account, only after 1 month of paid service. This free account allows no active events to collect attendees and limited Ettend Service. You can re-active your account at anytime by upgrading to a paid account.

Ettend Account Status
Canceling your account is permanently disabling it and having all data deleted.

 

It’s important to understand the termination of account process:

 

 
  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking here or within your account management section available from any section within Ettend in the global navigation bar at the top right of the screen. The Account screen provides a simple, no questions asked two-click instant cancellation process.
  2. All of your content will be immediately deleted from the Ettend upon cancellation.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again. There is no cancelation fee.
  4. Ettend, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other R3interactive service, for any reason at any time. Such termination of the Service will result in forfeiture and relinquishment of all content in your Account.
  5. If your account is in-active and you have not logged in for at least six (6) months, we may terminate and permanently delete your account. We will notify you in advance of 30 days by email if your account is subject to termination. If you know in advance that your account will be in-active at some time and don’t want us to terminate it, simply login and logout of the Service to update your last activity date/ time.

Collecting Money from Ticket Sales
Ettend does not collect money or fees from tickets sold by users of this Service, nor does Ettend set the pricing for tickets. All payment collection, process and payouts are completed directly through PayPal and/or Google Checkout and/or Authorize.net and thus are subject to the applicable PayPal Terms of Use & Fees, and/or Google Checkout Terms of Use & Fees, and/or Authorize.net Terms of Use & Fees (PDF) . Ettend does not collect any payment information except when integrated with Authorize.net. When using Authorize.net, we collect and pass payment details, under 256 bit SSL connection, directly to Authorize.net secure servers for payment processing. This payment information is not saved on Ettend. Ettend does not guarantee any payments or monies deriving from our Service that allows users to sell tickets. Ettend is neither a representative, affiliated, nor an agent of PayPal or Google Checkout or Authorize.net. Ettend is not responsible in any way for the actions or performance (or lack thereof) of PayPal and/or Google Checkout and/or Authorize.net.

Email Communications, Spam Policy
Ettend provides the ability to communicate by email to promote event(s), ask questions, and/or general communications from/to event managers, attendees, and/or all other users of the Service.

 

Ettend has a zero-tolerance spam policy: It is prohibited to use the Ettend email system for spamming, promotion, abusive, or inappropriate activities. This will result in a termination of account(s). You can only use Ettend to send emails to lists of people that gave you and/or your event organization permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into the Service.

 

 
  1. We prohibit the use of third-party, purchased, rented, or harvested mailing lists.
  2. You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.
  3. You agree that you shall not utilize Ettend to send any email messages (as defined in the Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or your organization.

 

    Invite Emails must be compliant to the CAN-SPAM Act as outlined by:

    Ettend will automatically apply

  1. Ettend sends emails using a valid/ confirmed "reply" and "from" addresses.
  2. Ettend automatically inserts an opt-out method that will remove a user’s email address from all event contact lists.

    You are required to apply
  3. An accurate subject line to clearly identify the contents, purpose and subject matter of the message.
  4. Include physical postal mailing address.


You alone are responsible for the content sent in each email (excluding Ettend approved text, logos or links) and will be held liable for any legal action. Ettend does not endorse any information sent by email.

 

If you suspect that Ettend has been used to send spam, please contact us immediately at support@ettend.com and we will investigate accordingly.

Warranties, Liability
Ettend does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Ettend shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ettend has been advised of the possibility of such damages), resulting from your usage of the Service.

Indemnification
You agree to hold harmless and indemnify Ettend, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ettend will provide you with written notice of such claim, suit or action. The failure of Ettend to exercise or enforce any right or provision of this Terms of Service (“TOS”) shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Ettend and govern your use of the Service, superseding any prior agreements between you and Ettend (including, but not limited to, any prior versions of the TOS). IF YOU USE ETTEND YOU AGREE TO BE BOUND TO AND BY THESE TERMS.

Hearing from You
Ettend encourages you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business and website (like product, features or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials, updates or upgrades that may appear in future R3interactive services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of R3interacitve and its services.

Should We Update
Ettend reserve the right to modify this Terms of Service (TOS) at any time. If there are material changes to this statement, Ettend will prominently post such changes and, if you’re a already a registered user, notify you by email. Your use of this Service after we post such changes indicates your acceptance of such changes. If you have questions about our TOS, please contact us at support@ettend.com or Ettend.com – 401 E. Las Olas Blvd, Suite 130-402, Fort Lauderdale, FL 33301.