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eventsNmore! SERVICE AGREEMENT PARTIES eventsNmore! SERVICES The Event page is also programmed with a shopping cart that interfaces with PayPal, Inc., a service that allows secure credit card payment processing. To cover the cost of providing this service to the Client's customers/invitees, a convenience fee is added to the Client's base ticket price. All payments are transacted through PayPal and not through eventsNmore!. For this reason, it will be necessary for the Client to open a PayPal business account and for their paying customers to open individual PayPal accounts and be subject to the applicable PayPal Terms of Use. (See: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside) eventsNmore! is not affiliated with PayPal, Inc. Neither entity is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. To the extent that any service provided hereunder is rendered in conjunction with any other provider of services, the same shall also be true. The terms of this Agreement shall not in any way supersede the terms of service of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this Agreement with respect to the Services provided by eventsNmore!. In addition, you agree to allow eventsNmore! an administrative email account with limited priviledges to your PayPal account. This access is for customer support purposes only. eventsNmore! will not have any priviledges to transfer, withdraw, or credit any funds. PRICE AND PAYMENT In exchange for the use of eventsNmore! Services, the Client agrees to pay eventsNmore! US$1.00 to $10.00 of the convenience fee collected for each successful transaction that occurs through the eventsNmore!-hosted web pages. The actual amount is based upon the ticket price according to the Fee Table present during the event setup. The Client agrees to pay all fees and other charges on the day following the end of online ticket/reservation sales or on the day of the event, whichever comes first. The Client is also responsible for reporting and paying any applicable taxes. The Client agrees to pay all fees and other charges in accordance with the terms of this Agreement. If the Client fails to pay the fees when they are due, eventsNmore! may impose a finance charge of one and one-half percent (1½ %) per month, or the maximum rate allowed by law if less. The Client shall also be liable for any additional expenses (including attorneys' fees and accrued interest) that eventsNmore! incurs in collecting such delinquent fees. TICKET DELIVERY The Client agrees to be responsible for delivery to its customers of all tickets purchased through the eventsNmore!-hosted web pages. The Client will also send all tickets to its customers within 72 hours of the ticket purchase. REFUNDS, CREDITS, OR CANCELLED EVENTS Any refunds or credits must be independently arranged between the Client and the Client's customers/invitees. If the Client cancels an event for which the Client has collected fees, the Client must maintain sufficient funds in its PayPal business account to cover any refunds that must be issued. The Client is responsible for issuing such refunds. Furthermore, the Client is responsible for any damages, costs, or expenses, including attorneys' fees, that eventsNmore! incurs as a result of an invitee/customer seeking reimbursement from eventsNmore!. INDEMNITY The Client agrees to indemnify and hold eventsNmore! and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information the Client submits, posts, transmits or makes available through eventsNmore! Services, the Client's use of the Services, the Client's connection to the Services, the Client's violation of this Agreement, or the Client's violation of any rights of another. NO RESALE OF SERVICE Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of eventsNmore! Services, use of the Services, or access to the Services, other than as provided for within the scope of the Services. MODIFICATIONS TO SERVICE eventsNmore! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice (e.g. add functionality to the Services or web hosting services become inoperable due to denial of service attacks, etc). eventsNmore! will not be responsible to the Client for any refund, in whole or in part, of service fees for any reason. The Client agrees that eventsNmore! shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Services. TERMINATION The Client agrees that eventsNmore!, at its sole discretion, may terminate the Client's password, account (or any part thereof) or use of the Services, and remove and discard any information within the Services, for any reason, including, without limitation, lack of use or failure to pay any fees or other monies due eventsNmore! in a timely manner. In addition, the Client's account may be terminated if eventsNmore! believes that the Client has violated or acted inconsistently with the letter or spirit of this Agreement. eventsNmore! may also, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. The Client agrees that any termination of the Client's access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that eventsNmore! may immediately deactivate or delete the Client's account and all related information and files in the Clients account and/or bar any further access to such files or the Services. Further, the Client agrees that eventsNmore! shall not be liable to the Client or any third party for any termination of the Client's access to the Services. Information stored on PayPal's servers is independent of eventsNmore! and is not subject to any modification as a result of termination of eventsNmore! Services. NOTICES Notices to the Client may be sent via either e-mail or regular mail. eventsNmore! may also provide notice of changes to its Services and/or fees or other matters by displaying such notices or links to notices generally on the eventsNmore!.com web site. Correspondence or notices from the Client to eventsNmore! should be addressed to : eventsNmore!, 5850 Eubank Blvd., Suite B-49, #278, Albuquerque, NM 87111-6111, USA. The Client may also correspond with eventsNmore! via email at customer_assistance@eventsNmore.com LINKS eventsNmore! Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because eventsNmore! has no control over such sites and resources, the Client acknowledges and agrees that eventsNmore! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Client further acknowledges and agrees that eventsNmore! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Client and eventsNmore! and governs the Client's use of eventsNmore! Services, superseding any prior agreements between the Client and eventsNmore!. The Client also may be subject to additional terms and conditions that may apply when the Client uses affiliate services, third-party information or third-party software. The Client may not assign or otherwise transfer any right or obligation
set forth in this Agreement without eventsNmore!'s prior written consent.
This Agreement will be binding upon the parties' respective successors
and permitted assigns. Checking the "I agree to the terms of the User Agreement" box during the create an account process on the www.eventsNmore.com web site and registering to use the eventsNmore! services indicates that you, the Client, agree to the terms of this Agreement. |
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