Terms & Conditions
1. Acknowledgments and acceptance of Terms of Service
The services
offered at www.Eventilators.com and
any subdomains, are provided to you under the terms and conditions of this Eventilators.com
Terms of Service ("Terms of Service"), and any operating rules or
policies that may be published by Eventilators.com at the URL: www.Eventilators.com (the
"Service"). The Terms of Service comprises the entire agreement
between you and Eventilators.com and supersedes all prior agreements between
the parties regarding the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS, OR USING Eventilators.com, USER AGREES TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Eventilators.com as
long as you adhere to these Terms of Service.
2. Services void where prohibited
Use of the Services
is void where prohibited. By using this Service, you represent and warrant that
you have the right, authority, and capacity to enter into this Agreement and to
abide by all the Terms and Conditions of this Agreement.
3. Registration
You are required to
register with Eventilators.com if you want to write a review, create profiles
of gift recipients, create and access your reminders, and view and edit your
profile. In order to register with Eventilators.com you must supply a valid
email address, which will be used as a unique identifier for your account, and
a password.
4. Description of service
Eventilators.com
provides users with a variety of online services, including but not limited to:
Eventilators.com will suggest gift for couple and family based on certain
information you provide to us about the recipient such as age, relationship
with you, and the occasion. You may further filter gift ideas based on a
specified price range, the recipient’s personality, the type of gift,
approximate delivery date, mode of payment, gift category, and city of the
recipient. Eventilators.com also provide the facility of creating wedding
website to couple along with a complete information about the wedding service
and wedding related products facilitators like banquets , catering etc a
complete advertising model.
5. Limitation of liability
By using Eventilators.com,
you agree and understand that injuries and damages can occur by the use of such
products, either as a result of negligence or because of other reasons.
notwithstanding anything to the contrary herein, to the fullest extent allowed
by law, you agree to waive and discharge all claims, release Eventilators.com
from all liability and indemnify and hold harmless Eventilators.com its
subsidiaries, affiliates, officers, agents, and other partners and employees, from
any and all liability on account of, or in any way resulting from injuries and
damages in any way connected with any products purchased by way of using the
website. You agree and understand and intend that this assumption of risk and
release is binding upon you and your heirs, executors, agents, administrators
and assigns, and includes any minors accompanying user at the events.
6. Content
You are solely
responsible for any data, text, graphics, messages, or other materials
("Content") which is transmitted, posted, or distributed by you
through the Service, including but not limited to the contents of your
information or reviews. All Content posted by you is your sole responsibility. Eventilators.com
does not control the Content posted by users such as yourself via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will Wishpicker.com be liable in any way for
any Content posted by any user or third party, including, but not limited to, liability
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 via the Service.
Subject to the terms of Eventilators.com Privacy Policy, you agree if you post
any Content on the Eventilators.com Site, you grant to Eventilators.com, and
its successors and assigns, a non-exclusive, worldwide, royalty-free,
perpetual, non-revocable license, in and to the Content, to distribute,
display, modify, redistribute, sublicense and reproduce such Content to other
users of the Service and to third parties with whom Eventilators.com has a
relationship. You also grant Eventilators.com the right to authorize the
downloading and printing in whole or in part of any Content that you post to
the Eventilators.com.
7. Copyright policy/infringing material
You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information owned or controlled by someone else without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Eventilators.com Service without your permission or in any
way that constitutes copyright infringement, please provide Eventilators.com
with the following information: a description of the copyrighted work that you
claim has been infringed; a description of where the material you claim is
infringing is located on the Eventilators.com Service; your address, telephone
number, and email address; and a written statement by you stating that you have
a good faith belief that the disputed use is not authorized by you, your agent,
or the law; and a statement by you, made under penalty of perjury, that you own
the claimed infringing material together with any evidence of such ownership. Please
contact Eventilators.com.
8. No "SPAMMING"
You must not use
any feature of the Eventilators.com Service for chain letters, junk mail, or
"Spamming" nor make any use of the distribution lists in a manner
involving any person who has not given specific permission to be included in
such a process. An email advertisement which is (a) addressed to a recipient
with whom you do not have an existing business or personal relationship and (b)
is not sent at the request of or with the express consent of the recipient to
receive such communications from you ("Spam" or "Spamming")
is strictly prohibited by Eventilators.com. If you use any feature of the Eventilators.com
Service for the purpose of sending Spam, Eventilators.com reserves the right to
immediately terminate your access to the Eventilators.com Service and to seek
appropriate legal recourse as necessary. If you believe that other users are
using the Eventilators.com Service for Spam, please notify Eventilators.com
using the Report Abuse form that is available by clicking the "Report
Abuse" link under a user's product review.
9. Notices
Eventilators.com
may give notice to you by e-mail, a posting on the Site, or other reasonable
means. You must give notice to Eventilators.com in writing via e-mail or as
otherwise expressly provided by Eventilators.com may broadcast, distribute or
display notices or messages through the Eventilators.com Service to inform you
of changes to the TERMS OF SERVICE, the Service, the Privacy Policy or other
matters of importance. Such broadcast, distributions or displays of information
shall constitute notice to you.
10. Privacy policy
It is Eventilators.com
policy to respect the privacy of its users. Eventilators.com policies with
regard to Personally Identifiable Information it collects from you, what
information third parties affiliated with Eventilators.com collect from you and
how that information is used is governed by the Eventilators.com Privacy Policy
11. Security
You are solely
responsible for maintaining the confidentiality of your password and account, and
for any and all activities that occur under your account. You agree to notify Eventilators.com
immediately of any unauthorized use of your account or any other breach of
security known to you. You must promptly inform Eventilators.com of actual or
apparent breaches of security, such as loss, theft, or authorized disclosure or
use of a user account or password. Until is notified of a breach in security,
you will remain liable for any unauthorized use of the Eventilators.com Service
through your account. In consideration for using the Eventilators.com Service,
you agree to: (1) provide certain current, complete, and accurate information
about you when prompted to do so by the Service, and (2) maintain and update
this information as required to keep it current, complete and accurate. If any
information provided by you during your original registration is inaccurate, Eventilators.com
reserves the right to terminate your account immediately and your right to use
the Eventilators.com Service.
12. No resale or commercial use, abuse of the service
Your right to use
the Eventilators.com Service is personal to you. You agree not to resell or
make any commercial use of the Eventilators.com Service without the express
consent of Eventilators.com . You may not create bots or other computer
generated automatic tools to abuse the Wishpicker.com Service in any manner.
Use that constitutes abuse shall be determined by Eventilators.com in its sole
discretion. Eventilators.com reserves the right to terminate your account if
Wishpicker.com determines you have not complied with these
13. User conduct
Eventilators.com
reserves the right, but does not assume the responsibility, to monitor or
review your conduct on the Eventilators.com Site. Your use of the Eventilators.com
Service is subject to all applicable local, state, national and international
laws and regulations. In using the Eventilators.com Service you agree not to :
- Use the Eventilators.com
Service for illegal purposes
- Interfere or disrupt networks
connected to the Eventilators.com Service or violate the regulations,
policies or procedures of such networks
- Use the Eventilators.com
Service in connection with chain letters, junk mail, surveys, contests,
pyramid schemes, or use any distribution lists including any person who
has not given specific permission to be included in such a process
(commercial or otherwise)
- Harvest or otherwise collect
information about other users, including e-mail addresses, without their
consent
- Transmit through the Eventilators.com
Service any unlawful, harassing, defamatory, abusive, threatening, harmful,
vulgar, obscene, sexually explicit, or otherwise objectionable material of
any kind or nature
- Invade another's privacy or
violate rights of publicity or intellectual property rights (including but
not limited to copyright, trademark and patent rights) while using the Eventilators.com
Service
- Transmit through the Eventilators.com
Service any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation
- Interfere with another User's
use and enjoyment of the Eventilators.com Service
- Defame, abuse, harass, stalk,
threaten or violate the legal rights (such as rights of privacy and
publicity) of any other user
- Create a false identity for the
purpose of misleading others as to your identity or the origin of a
message
- Use, download or otherwise
copy, or provide (whether or not for a fee) to a person or entity that is
not a user of the Eventilators.com Service any directory of Eventilators.com
users or usage information or any portion thereof other than in the
context of your use of the Service as permitted under these Terms of
Service
- Transmit or upload any material
that contains viruses, trojan horses, worms, time bombs, cancel bots, or
any other harmful or deleterious programs
- Attempt to gain unauthorized
access to the Service, other accounts, computer systems or networks
connected to the Service, through password mining or any other means; or
- Engage in any other conduct
which, in Eventilators.com’s sole discretion, is considered inappropriate,
unauthorized or objectionable. of Service
14. Indemnification
You agree to
indemnify and hold Eventilators.com, its parent, subsidiary, affiliate,
officers, employees, agents, directors, successors and assigns harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Eventilators.com Service, the
violation of these Terms of Service by you, the infringement by you (or other
user of the Service using your account) of any intellectual property or other
right of any person or entity or violation of any federal, state or local law
or regulation.
15. Termination
You may terminate
your participation in the Eventilators.com Service with or without cause at any
time and effective immediately. Eventilators.com may terminate the Eventilators.com
Service or your use of the Service with or without cause at any time and
effective immediately, at Eventilators.com’s sole discretion, by immediate
termination of your use of the Eventilators.com Service should your conduct
fail to conform to the terms and conditions of these Terms of Service. Eventilators.com
shall not be liable to you or any third party for termination of the Eventilators.com
Service or termination of your use of the Eventilators.com Service. Should you
object to any terms and conditions of the Terms of Service or any subsequent
modifications Eventilators.com makes to the Terms of Service or become
dissatisfied with the Eventilators.com Service in any way, your only recourse
is to immediately: (1) discontinue use of the Eventilators.com Service; and (2)
notify Eventilators.com of your termination and, at your discretion, notify Eventilators.com
of the reasons for your termination. Upon termination of your use of the Eventilators.com
Service, your right to use the Eventilators.com Service shall cease
immediately. You shall have no right and Eventilators.com will have no
obligation thereafter to forward any unread or unsent messages to your or any
third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and
21 shall survive termination of the Terms of Service.
16. Transactions with organizations or individuals
Eventilators.com
shall not be liable for your interactions with any merchants, retailers and/or
individuals found on or through the Eventilators.com Service. This includes,
but is not limited to, payment and delivery of goods and services, and any
other terms, conditions, warranties or representations associated with such
dealings. These dealings are solely between you and such merchants, retailers
and/or individuals. Eventilators.com is under no obligation to become involved
in disputes between participants on the Eventilators.com Service, or between
participants on the Eventilators.com Service and any third party.
17. Links to third party sites
Any web sites that
are accessible via links included within the Eventilators.com Service that take
you out of the Eventilators.com Service are not under Eventilators.com control
and Eventilators.com shall not be responsible for the content, products or
services of any linked website. All such websites shall be subject to the
policies and procedures of the owner of such websites. We encourage you to read
those policies and know your rights under any web site you visit.
18. Violation of terms by other users
Eventilators.com
asks that you participate in ensuring that all users follow the terms of these
Terms of Service by reporting any user reviews or other postings or messages
that violate these terms. To report a violation of these Terms of Service,
please email us at or click on the Report Abuse link under user reviews.
19. Disclaimer of warranties
You expressly agree
that your use of the Eventilators.com service is at your sole risk. The Eventilators.com
service is provided on an "as is" and "as available" basis.
Eventilators.com expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. Eventilators.com
makes no warranty that its service will meet your requirements, or that its
service will be uninterrupted, timely, secure, or error free. Eventilators.com
makes no warranty as to the results that may be obtained from the use of the
service or as to the accuracy or reliability of any information obtained
through the service or that defects in the software will be corrected. You
acknowledge that Eventilators.com does not control content, information,
products or services offered by advertisers, third parties or other users on or
through the service, including but not limited to information, products, or
services provided by license to Eventilators.com from third parties or content
provided by other users. Eventilators.com assumes no responsibility for and
makes no warranty or representation as to the accuracy, currency, completeness,
reliability, usefulness or decency of content or products distributed or made
available by third parties (including but not limited to advertisers and users)
through the Eventilators.com service. You will be solely responsible for any
damage to your computer system or loss of data that results from your attempt
to download any material from the Eventilators.com service. Eventilators.com
makes no warranty regarding any goods or services purchased or obtained through
its service or any transactions entered into through its service. No advice or
information, whether oral or written, obtained by you from Eventilators.com or
through the Eventilators.com service shall create any warranty not expressly
made herein. Some jurisdictions do not allow the exclusion of certain
warranties, therefore some of the above exclusions may not apply to you.
20. Limitation of liability
Eventilators.com
shall not be liable for any indirect, incidental, special or consequential
damages, including but not limited to damages for loss of profits, use, data or
other intangibles, even if Eventilators.com has been advised of the possibility
of such damages, resulting from the (i) use or the inability to use the
service; (ii) cost of procurement of substitute goods and services; (iii) any
goods or services purchased or obtained or content received or transactions
entered into with Eventilators.com or a third party through the use of the Eventilators.com
service; (iv) or unauthorized access to your account or alteration of your
account or data. You specifically agree that Eventilators.com is not
responsible or liable to you or anyone else for any unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit
or otherwise objectionable conduct or speech of any other party on or through
the Eventilators.com service, or for any infringement or violation of your
rights by any other party, including but not limited to intellectual property
rights, rights of publicity, or rights of privacy. Some jurisdictions do not
allow the limitation or exclusion of liability for incidental or consequential
damages; therefore some of the above limitations may not apply to some users.
21. Modifications to the service and to terms of service
Eventilators.com
reserves the right to modify or discontinue the Eventilators.com Service with
or without notice to you. Eventilators.com shall not be liable to you if Eventilators.com
modifies or discontinues its Service. Eventilators.com may change the terms and
conditions of the Terms of Service at any time in its sole discretion. In the
event of any material or substantial change in the terms and conditions of
these Terms of Service, Eventilators.com may notify you via e-mail, and/or by
posting an announcement of the changes together with a link to the new Terms of
Service on the Eventilators.com Service. By using the Eventilators.com Service
after any change in the Terms of Service you acknowledge and accept changes to
the Terms of Service.