Terms of Service

Introduction

Event Penguin products, features, and offeres are availible to you if you are a registered user of Event Penguin's services. You agree to the following terms and conditions by using Event Penguin's services.

The following terms and conditions apply to all users of Event Penguin's services. If you are using Event Penguin's services on behalf of an organization, you are agreeing to these terms and conditions for that organization and are representing that you have the authority to bind that organization to these terms and conditions. In that case, "you" and "your" will refer to that organization.

You must be at least 13 years old to use Event Penguin's services. If you are under 13 years old, your parent or legal guardian must agree to these terms and conditions on your behalf.

These are collectively referred to as "Event Penguin Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Services or otherwise made available by Event Penguin in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post, or make available using the Services is "Your Content.

Your Use of the Services

Event Penguin grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

Rules and Abuse

You promise to follow these rules:

You will not send or otherwise post unauthorized commercial communications (such as spam) on Event Penguin.
You will not collect users' content or information, or otherwise access Event Penguin, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Event Penguin.
You will not upload viruses or other malicious code.
You will not bully, intimidate, or harass any user.
No hate speech or discrimination of any kind.
No pornography or sexually explicit content of any kind (including nudity) will be tolerated on this platform.

Failure to follow these rules may result in the termination of your account.

Idemnification

You agree to indemnify and hold harmless Event Penguin, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Terms, Content that you post, and any ecommerce activities conducted through your or another user's website.

Assumption of Risk

You expressly agree that use of the Services is at your sole risk. Neither Event Penguin, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or from the use of any information, or products through the Services. The Services are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Additionally, there are no warranties as to the results obtained from the use of the Services.

Limitation of Liability

In no event will Event Penguin, or any person or entity involved in creating, producing or distributing the Services, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Services. You hereby acknowledge that the provisions of this section shall apply to all content on the Services. In addition to the foregoing, neither Event Penguin nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Services, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Event Penguin nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Termination

Event Penguin may terminate or suspend any and all Services and your Event Penguin account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Event Penguin account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Payments

All payments are handled by Stripe. By using Event Penguin's services, you agree to Stripe's terms of service. You can view Stripe's terms of service here.

Fees and Refunds

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Event Penguin with your payment information, you agree that Event Penguin is authorized to immediately invoice your account for all fees and charges due and payable to Event Penguin hereunder and that no additional notice or consent is required.

Event Penguin may, in its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Event Penguin may change its fees and charges from time to time by posting the changes on the Event Penguin website.

Refunds

Event Penguin does not offer refunds for any reason. You are responsible for canceling your account before your next billing cycle if you do not wish to be charged again. If you cancel your account before the end of your current billing cycle, your cancellation will take effect immediately and you will not be charged again.

Event Producers are responsible for issuing refunds to their customers. Event Penguin is not responsible for issuing refunds to customers for any reason.

Changes

Event Penguin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Event Penguin may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.