Welcome! The website www.siftlocal.co (the “Site”) is owned by Sift Local, Inc., d/b/a Events Local (“Events Local”, “we,” “our” or “us”). Throughout these terms and conditions, the words “you” and “your” refer to the user visiting the Site.
2. Important Information about Privacy
4. The Events Local Platform
A. The Site provides an online platform (the “Platform”) where “Attendees” can purchase tickets to events (“Events”) organized by other users (“Organizers”) on the site. Events Local provides the communications platform to facilitate planning, organizing, managing events, including (1) creating an event page, (2) collecting of Attendee information, (3) monitoring the registration process, (4) mapping and assigning booth spaces, and (5) offering a communication platform for Attendees and Organizers (the “Services”); however, Events Local does not itself offer or provide a venue or any services or goods related to an Event. If you agree to attend an Event through the Site, a contract will form between the and Attendee and Organizer, but Events Local will not be a party to such contract. You agree that Events Local may discontinue the Platform, with or without notice, at any time. In such event, Events listings and all other functionality will no longer be viewable or usable on the Site.
B. Account Registration. Certain features or services offered on or through the Site, including registering as an Organizer or electing to become an Attendee of an Event, may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Events Local immediately of any unauthorized or improper use of your account or password, or any other breach of security. You may be held liable for losses incurred by Events Local or any other user of or visitor to the Site due to someone else using your Site user ID, password or account as a result of your failing to keep Your account information secure and confidential. You may not use anyone else's Events Local ID, password or account at any time without the express permission and consent of the holder of that Events Local Site user ID, password or account. Events Local cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Site and Services are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. Events Local reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. Events Local may, in its sole discretion, refuse to offer the access to the Site or the Platform to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site and/or the Platform is revoked in those jurisdictions.
5. Site Content
6. Site Access
B. You agree that you will not use the Site and the services offered through the Site: (i) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, hate speech, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iii) to solicit personally identifying information for commercial or unlawful purposes, (iv) to advertise to, solicit, or sell to any person without their prior explicit consent, (v) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations, or (vi) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the Events Local servers in a given period of time than humanly possible in the same period by using a web browser.
C. If you use the site as an Organizer, you agree not to create Events to promote any of the activities listed in Section 6.B, any Events that promote or encourage violence, self-harm or suicide, any Events whose purpose is to incite or engage in the targeted harassment of others, or any Events whose purpose is otherwise malicious, inappropriate or harmful. You acknowledge and agree that Events Local reserves the sole right to determine whether your proposed Event would violate this Section 6.C and the sole right to take down or refuse your application to create an Event for any reason, including without limitation the violation of this Section 6.C.
7. Fees and Payments; Taxes
A. Fees Applicable to Attendees. By signing up for a particular Event, you agree to pay a $5.00 non-refundable processing fee (the “Non-Refundable Fee”) to Events Local plus the price (if any) charged by the Organizer for a ticket to attend such Event. This Non-Refundable Fee is non-refundable under all circumstances, even if the Organizer cancels the event. Organizers acknowledge and agree that Organizers shall be solely responsible for refunding the Non-Refundable Fee in the event of a dispute over the Non-Refundable Fee.
B. Fees Applicable to Organizers. Events Local charges the following fees to Organizers of an Event (collectively with the fees described in Section 7.A, the “Fees”):
- $199.00 fee for Organizers to create an Event;
- the Non-Refundable Fee (which may be payable by the Organizer or directly by the Attendee as set forth in Section 7.A); and
- a $2.00 fee for each ticket sold; provided, that if tickets to an Event are free, Events Local shall waive this $2.00 fee.
C. Payment Processor. Events Local is not a bank and we do not offer banking services as defined by the United States Department of Treasury. Events Local utilizes Stripe as its third party payment processor to process payments, and Events Local never has access to the payment information you provide to Stripe and is not liable in any manner for the performance of Stripe in providing such payment processing service. By paying any of the Fees through the Site and/or by making use of some or all of these payment processing services, you agree to be bound by Stripe’s terms and conditions (currently available here: https://stripe.com/us/terms) and hereby consent and authorize us to delegate the authorizations and collect, analyze, and share the information you provide to us with Stripe to the extent required to provide the Services to you.
D. You acknowledge and agree that Events Local is acting solely as an intermediary for the collection of fees between an Organizer and an Attendee for the provision of an Event, and that you are solely responsible for determining any tax liability with respect to such Organizers Services.
E. Each Organizer shall be responsible for the payment of all taxes, fees, charges and assessments of any kind or nature that are imposed against Organizer by any governmental or quasi-governmental authority having jurisdiction over Organizer or such Organizer’s Events, including, without limitation, ad valorem taxes, sales and use taxes, and personal property taxes imposed with respect to such Events, other than taxes based on Events Local’s net income or gross receipts, which taxes Events Local will pay.
8. Intellectual Property Rights.
A. Site Content. The content on the Site including, without limitation, text, newsletters, bulletins, surveys, polls, software, scripts, graphics, photos and the like (“Site Content”) and the trademarks, service marks and logos depicted at the Site (“Marks”), are owned by or licensed to Events Local, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Events Local reserves all rights not expressly granted in and to the Site and the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content therein.
B. DMCA Policy. Events Local has adopted the following policy toward copyright infringement on the Site or the Platform in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”):
DMCA Notice. The address of Events Local’s Designated Agent for copyright takedown notices (“Designated Agent”) is: SIFT LOCAL LLC 1628 NE 18TH PLACE GAINESVILLE, FLORIDA, 32609 Attn: Sam McPherson, Founder Email: info@SIFT LOCAL.co. If you believe that Site Content residing or accessible on or through the Site or Platform infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Events Local is capable of finding it and verifying its existence. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Events Local will respond to valid DMCA requests within 10 days.
In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at email@example.com confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. In an effort to be transparent in removing or restricting access to user-uploaded content, Events Local may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
- Notice of Content Removal. After removing access to the material pursuant to a valid Events Local notice, Events Local will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Events Local reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Events Local by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that Events Local has removed or to which Events Local has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Alachua County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
- Notice of Counter-Notification. Upon receipt of a valid counter-notification, Events Local will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Events Local does not receive any such notification within ten (10) days, we may restore the material to the Site or Platform. Intellectual Property.
9. Warranty Disclaimer.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Events Local, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Events Local makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, including without limitation any damages arising from your attendance of an Event, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) 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, e-mailed, transmitted, or otherwise made available via the Site or on the Platform. Events Local does not warrant, endorse, guarantee, or assume responsibility for any EVENT, product or service advertised or offered by any third party through the Site or any hyperlinked website.
10. Limitation of Liability.
In no event shall Events Local, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or the Platform, including without limitation arising out of your attendance of an Event, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, or (vi) any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of your use of any Site Content posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Events Local is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. Relationship Among the Parties.
You acknowledge and agree that (i) Events Local provides the Platform to facilitate the provision of the Services, (ii) is not otherwise affiliated with an Organizer or Attendee, and (iii) bears no liability whatsoever for anyone’s attendance of, or failure to attend, an Event.
13. Age Minimum.
The Site is not intended for individuals under the age of eighteen (18). If you are under 18 years of age, then you should not use the Site and should exit now.
15. Governing Law, Location, Entire Agreement.
16. Invalidity; Waiver.
18. Services Suggestions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Events Local are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Events Local shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
19. Questions; Comments.
If you have any questions or comments on this Site or become aware of misuse of the Site by any person, please contact us at the following URL: https://www.eventslocal.com/contact.
20. Effective Date.