User Agreement
User Agreement
1. 2M website services
2Mevents Inc. and 2Mevents Ltd. (“2M”, “we”, “us” or “our”) owns and operates this site (the “2M Website”), which provides services for event registrations, club event membership processing, fundraising, messaging and other web-based services (the “2M Website Services”) on behalf of event organizers, charities and others.
By accessing or using the 2M Website including any 2M Website Service, you acknowledge and represent that you have read and understood this User Agreement and the Privacy Policy and any updates thereto posted on the 2M Website, and you represent, warrant and agree that you are bound by all of the terms and conditions of this User Agreement and the Privacy Policy. Your continued use of the 2M Website constitutes your binding acceptance of any update to this User Agreement or the Privacy Policy.
2. User Content
The 2M Website may make accessible material, postings, video, audio and other content originating from users of the 2M Website (“User Content”) and links to external sites not under 2M’s control or ownership. You acknowledge that 2M has no obligation to vet or pre-screen User Content and has no liability for your interaction with such external sites, and agree that 2M may remove, replace or move any content or link of the 2M Website, including any account for 2M Website Services, for any reason at any time and without notice.
Inquiries regarding the 2M Website or its content (including User Content) may be directed to:
OR
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North America Customer Services 2Mevents Inc. 1238 - 1124 Lonsdale Avenue, North Vancouver, British Columbia CANADA V7M 2H1
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UK Customer Services 2Mevents Ltd. 131 Dukes Road Crowthorne, Berkshire ENGLAND RG45 6DP
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To give notice to 2M of any material on the 2M Website you believe infringes a copyright or violates an intellectual property right, please identify the material with sufficient detail to permit 2M to readily locate the material. 2M may require further information from you before taking action in respect of the material.
3. Eligibility
You must be 13 years or older to use any 2M Website Service, including creating a user account.
2M reserves the right to revoke any account, terminate this User Agreement and deny access to the 2M Website or its Services to any person for any reason and without notice, including for any violation of this User Agreement or the Privacy Policy.
4. Conduct
You agree to abide by all applicable local, state or provincial, national and international laws, statutes, ordinances and regulations.
In using the 2M Website, YOU WILL NOT:
a) post, disseminate or upload content that is illegal, obscene, pornographic, harassing, abusive, hateful, discriminatory, defamatory, fraudulent, or likely to harm another including a minor.
b) infringe another party’s intellectual property, proprietary, privacy, publicity, contractual or fiduciary rights, including 2M’s intellectual property rights in the 2M Website.
c) engage in any illegal, fraudulent or improper marketing practice, use false pretences to obtain another party’s personal information, or attempt to gain unauthorized access to any 2M Website Service or account.
d) impersonate any person or entity, including any 2M employee or representative, register multiple accounts, register an account on behalf of any individual person other than yourself, or register an account on behalf of any group or entity if you are not an authorized representative of that group or entity.
e) use any credit card other than your own when purchasing 2M Website Services.
f) post, distribute or transmit any malware, including any software, computer code or program containing a virus, Trojan horse, time bomb, cancel-bot or worm or that is designed to damage or limit the functionality of any computer software, hardware or telecommunications equipment.
g) use the 2M Website in any manner likely to damage, disable, impair or overburden the 2M Website.
h) disseminate unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
i) modify, adapt, translate, decompile or reverse engineer any portion of the 2M Website, except as expressly authorized by 2M.
By creating an account with the 2M Website, you agree to be solely responsible for all activities occurring under your account, including maintaining the confidentiality of your password.
5. Proprietary Rights
2M does not claim ownership of User Content, but reserves all of its rights in respect of all other content of the 2M Website. By posting or uploading User Content to the 2M Website, you grant, and represent and warrant that you have the right to grant, to 2M an irrevocable, perpetual, non-exclusive, fully paid, sub-licensable worldwide licence to use, copy, perform, display and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content. You waive all moral rights in respect of said User Content. You grant 2M all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of said User Content by any party for any purpose. Data and information collected through the use of the 2M website remains the property of the organizer of the event, charity or other that you have entered into a transaction with and that 2M has acted in an agency capacity. You should ensure that you have read the privacy policy of the organization that is hosting the event.
6. Free and Paid Services
2M will not charge you for creating a user account or for visiting public areas of the 2M Website. However, 2M does charge fees for the 2M Website Services, such as when the 2M Website is used for event registrations, club membership processing and fundraising, as well as applicable taxes. 2M reserves the right to update its fees from time to time.
You are responsible for reviewing, understanding and accepting all fees or charges and all pre-authorization, pre-payment and donation requirements for all 2M Website Services BEFORE clicking on final acceptance for those 2M Website Services. IF YOU DO NOT WISH TO ACCEPT A CHARGE, OR COMPLY WITH A PRE-AUTHORIZATION OR PRE-PAYMENT REQUIREMENT FOR A 2M WEBSITE SERVICE, THEN PLEASE CANCEL OR CHANGE YOUR SELECTIONS BEFORE CLICKING ON FINAL ACCEPTANCE OF THE SERVICE.
For a buyer to register for an event, purchase a club membership or make a donation, 2M ordinarily requests from the buyer credit card/other payment method authorization for pre-payment of the costs expected to be incurred by the buyer.
You agree to pay all fees, including applicable taxes, associated with a 2M Website Service invoked under your account in a timely manner with a valid payment method. 2M reserves the right to use any lawful collection method to collect overdue amounts, including collecting by any payment method associated with your account. You acknowledge 2M HAS A NO-REFUND POLICY FOR THE FEES AND TAXES CHARGED BY 2M and you agree that 2M has no obligation to refund any fees owed to 2M.
7. Terms and Conditions for Event Organizers, Club Membership Registrations and Fundraisers
Acceptance of Terms
2Mevents Inc. and 2Mevents Ltd. (‘2M’) provides online event registration, club membership and fundraising management services (hereto referred to as ‘events’) to you (‘the organizer’) including secure payment processing, subject to the following terms and conditions, which can be modified or changed periodically without notice to you. Users and members of 2M are subject to the following rules and guidelines, general terms of conditions of membership and applicable statutory laws. You agree not to hold 2M responsible for others users content or actions. In addition, you acknowledge that you are responsible for the accuracy and content, including graphics and photos as well as the accuracy and truth of information posted by you at all times. The 2M site will only be used for the purpose of advertising and related registration for events. You agree that 2M does not have control over the accuracy, safety or legality of events advertised on its site. The organizer is responsible for organizing the event and 2M cannot be held responsible in any way for a failure by the organizer to deliver on their commitments to hold an advertised event in the manner in which it is advertised on the 2M site. You agree that you will not use the 2M site for fraudulent purposes and to abide by the privacy and all other conditions of 2M membership.
Privacy
You agree to abide by the 2M privacy conditions (insert link) and to respect applicable statutory laws. The organizer is responsible for maintaining the confidentiality of their account, including passwords, and remains at all times fully responsible for activities that occur under their password and account. Upon any suspicion or actual occurrence that security of the account has been potentially or actually jeopardized, the organizer will immediately contact 2M to have their account(s) frozen and rendered inactive. You agree that 2M cannot be held responsible for any losses, actual or perceived, that might arise from your failure to comply with account security terms and conditions. The organizer agrees to appropriately exit their account at the end of each session and to only access their account through a single login name and password that will not be shared with multiple users. If an organizer requires multiple users to have access to their account and profile, each user will require and use a separate login name and password. We reserve the right to render inactive and prevent future re-activation of a login name or person in the event of breach, actual or perceived, of these terms and conditions.
Resale
You agree not to reproduce, duplicate, copy, sell or resell or otherwise exploit for any purpose any portion of the 2M service. Furthermore, you agree not to modify the software in any manner or form or to use modified versions of the software for the purpose of obtaining unauthorized access to the 2M event management system.
Termination
2M can terminate this agreement and related terms and conditions at any time without providing a reason, including for any suspicion of fraudulent activity, potential damage to the 2M brand or failure to comply with terms and conditions listed on the 2M site. The organizer has the right to terminate this agreement at any time. This does not remove the organizers responsibility to follow through on commitments they have made to third parties and event registrants, for which 2M assumes no responsibility. The provisions of this agreement shall survive its termination, including the limitation of liability paragraph.
Indemnification
The organizer agrees to indemnify, defend and hold harmless 2M, its officers, directors, employees and agents from and against losses, expenses, damages and costs, including legal fees incurred, which result from the violation of the terms and conditions of use of the 2M site.
Limitation of liability
In any action, claim, loss or damage arising out of the agreement to provide event services, the organiser agrees that 2M’s liability will be several and not joint and several and the organiser may only claim payment from 2M of 2M’s proportionate share of the total liability based on degree of fault. Any action against 2M must be commenced on or before the date which is the earlier of: i) eighteen months from the date on which the event is completed and, ii) the date by which an action must be commenced under any applicable legislation other than limitation legislation. In no event shall 2M be liable to the organiser whether the claim be in tort, contract or otherwise, for an amount in excess of the fees received by 2M for a particular event. Under no circumstances will 2M be liable for the organisers’ inability to honour their commitments to the event registrant or any damages or viruses that might infect your computer operating systems. In no event shall 2M be liable to the organiser, whether a claim be in tort, contract or otherwise for any consequential, indirect, lost profit or similar damages, or failure to realize expected savings. The organizer acknowledges that if there is a dispute between the organizer and an event registrant or other third party (such as, but not limited to volunteers and charities), the organizer releases 2M (including our officers, directors, agents and employees) from every kind of claim, demand or damages arising from every kind of dispute.
2M will use all reasonable efforts to complete within any agreed upon time-frame the performance of the services described above. However, 2M shall not be liable for failures or delays in performance that arise from causes beyond its control, including the untimely performance or non-performance by organiser of its obligations or unavailability of the 2M servers.
Disclaimer of warranties
You expressly understand and agree that:
1) The use of the 2M event registration service is at the sole risk of the organizer and that service is provided on an ‘as is’ and ‘as available’ service.
2) 2M makes no warranty that the service will meet the organizers specific requirements and that the service may be interrupted through events beyond 2Ms control
3) 2M is not responsible for any software or other items downloaded from the 2M website that damages or in any other way, harms the organizers computer operating systems
Governing law
This agreement will be governed by the laws of British Columbia. You and 2M agree to submit any unresolved dispute or litigation arising as a result or in relation to the event services provided to the exclusive jurisdiction of the Courts of British Columbia.
8. Buyer and Event Organizer Dispute Resolution
You agree that 2M has no obligation except as may be provided herein to intervene or become involved in any dispute between an event registrant, donor or other individual/organization purchasing items on 2M and the Event Organizer and another user or users, and no obligation to determine or bring proceedings to determine the disposition of funds held by 2M on your behalf as Buyer or Event Organizer. Nothing in this User Agreement limits your right as Buyer or Event Organizer to seek resolution of any dispute between you and another user or users in any court of law or to employ any lawful arbitration or other dispute resolution service or method.
9. Release
If you have a dispute with another user or other users, you release 2M and its affiliates, directors, officers, employees, consultants, agents, licensors, partners, successors, suppliers and any parent company or subsidiary of 2M (collectively, “2M and Affiliates” or “2M AND AFFILIATES”) from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of in any way connected with said dispute. You waive in favour of 2M all rights in your jurisdiction contrary to or limiting this release.
10. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE 2M WEBSITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE 2M WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW NOTWITHSTANDING THIS EXCLUSION. 2M AND AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY OF ANY FUNCTION OF THE 2M WEBSITE, PERFORMANCE AND RELIABILITY OF ANY 2M WEBSITE SERVICE, WARRANTIES IN RESPECT OF OTHER SERVICES OR GOODS OBTAINED OR ACCESSED THROUGH OR ADVERTISED ON THE 2M WEBSITE, NON-TRANSMISSION OF AND NON-EXPOSURE TO VIRUSES OR OTHER MALWARE THROUGH THE 2M WEBSITE, AND NON-INFRINGEMENT OF ANY PROPRIETARY RIGHTS.
2M AND AFFILIATES DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED ON OR OBTAINED THROUGH THE 2M WEBSITE, THE ACCURACY OR QUALITY OF USER CONTENT, THAT 2M WILL TAKE ACTION AGAINST ALL BREACHES OF THIS USER AGREEMENT, THE ABILITY OF AN EVENT ORGANIZER TO PROVIDE THE EVENT AS ADVERTISED, THE ABILITY OF A BUYER TO BUY AND PAY FOR EVENTS, OR THE OPPORTUNITY TO RESOLVE A DISPUTE BETWEEN BUYER AND EVENT ORGANIZER.
Some jurisdictions do not permit or restrict the scope of disclaimers of warranties. The disclaimers of warranties of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
11. Limitation of Liability
2M AND AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE 2M WEBSITE OR ITS SERVICES. NON-LIMITING EXAMPLES OF SUCH LOSS AND DAMAGES INCLUDE LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, LOSS ARISING FROM INTERRUPTION, TERMINATION, MODIFICATION OR MISUSE OF THE 2M WEBSITE OR ITS SERVICES, AND DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT 2M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SUCH LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not permit or restrict the scope of limitations and exclusions of liability. The limitations and exclusions of liability of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold 2M and Affiliates harmless from any claim or demand, including reasonable attorney fees and court costs, due to or arising out of your use of the 2M Website or its Services, your exposure to User Content, User Content you post or upload to the 2M Website, breach of this User Agreement, or your violation of any law or right of a third party.
13. Jurisdiction, Governing Law and Time Limitation
This User Agreement and the Privacy Policy will be governed, interpreted and applied exclusively in accordance with the laws of the province of British Columbia, Canada and the laws of Canada applicable in British Columbia, which will be deemed to be the proper law of this User Agreement without giving effect to conflict of laws provisions of any jurisdiction. Any claim, cause of action, legal proceeding or litigation arising from or in connection with or in any way relating to use of the 2M Website or its Services will be brought solely in the courts of British Columbia, and any appellate court therefrom, and you consent to the jurisdiction of such courts.
Any statute or law to the contrary notwithstanding, any claim or cause of action due to or connected with use of the 2M Website or its Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Copyright
Copyright on every aspect and part of the website belongs to 2Mevents Inc. and 2Mevents Ltd. This is unless it is otherwise indicated. It may not be sold, copied, licensed, used or otherwise reproduced, in whole or part, in any manner or form without the prior written consent of 2Mevents Inc. or 2Mevents Ltd.
15. Termination
You may terminate your user account at any time. To cancel your user account, please click here. You acknowledge and agree that 2M may in its sole discretion at any time terminate your account for any reason and without notice, and may suspend or discontinue the 2M Website Services at any time for any reason and without notice. While 2M will endeavour to provide notice of any planned discontinuance of the 2M Website Services, you agree that 2M will not be liable to you or any third party for any suspension, discontinuance or modification of the 2M Website Services or access thereto.
The provisions of sections 2, 3 and 5-14 will survive termination of this User Agreement or your account and any discontinuance of the 2M Website or its Services.
16. General
This User Agreement is the entire agreement between you and 2M relating to its subject matter, and supersedes all prior or contemporaneous oral or written agreements, communications, proposals, representations and warranties relating to its subject matter. During its term, this User Agreement prevails over any conflicting or additional terms relating to its subject matter of any communication between you and 2M. 2M’s failure to enforce or act in respect of a violation of this User Agreement will not in any way affect, limit or waive 2M’s right to act in respect of any subsequent or similar violation.
If any part of this User Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this User Agreement will continue to be valid and enforceable to the fullest extent permitted by law.