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