PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING THIS APP.
Last Update May 13, 2017
Eventchat may unilaterally amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. You should check the Website, the Application and this Agreement regularly to ensure You remain current on the Terms and Policies set forth herein.
“Eventchat Application or App” means the iOS software App or web site developed by Diddychat called Eventchat for iPhones in connection with the Marketplace. Android App’s will be enabled soon.
The purpose of this Agreement is to set forth the terms and conditions under which, among other things, Eventchat will license to You the use of certain of Eventchat's technology, software and/or services such that You can utilize the App through your mobile device. The App enables you to physically or virtually attend and/or chat and comment with event coordinators, sponsors or other attendees. As set forth elsewhere in this Agreement, Eventchat does not exert any control over any the events, event coordinators, merchants, brands, brand owners, retailers, sponsors, any commercial venturers or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party, either in person or virtually or digitally using the Eventchat App.
Eventchat hereby grants You a non-transferable, non-exclusive, fully revocable, limited license to access and use Diddychat’s and Eventchat's software platform commonly referred to here as "Eventchat" (the "Application") as made available through the Apple App Store. The App is located at http://www.diddychat.com/app (the "Website") or directly through the App Store. Eventchat may, from time to time, update or modify the App, update or modify the Website, release new versions of the Application or Website and/or create new features, services and/or modules related thereto, each of which may at Eventchat's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights or balances earned hereunder including, without limitation, access to the Application. If you are a premium subscriber and identified as an Event Coordinator, your rights and terms may be transferred to a licensee or an assignee, but at the discretion of Diddychat.
You shall not directly or indirectly copy or reproduce all or any part of the Application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application solely for its intended purposes and shall not use the Application for the benefit of any third party except as specifically contemplated under this Agreement.
You shall not violate or attempt to violate the security of the Application. If You attempt to do so, You may be banned. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Diddychat API or Eventchat Apps. If You do so, You may be banned. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify Eventchat at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section 4.
Specific Rules on Posting Comments, Chats or Media:
To post certain material to the App, such as comments, chats, videos, photographs, and your professional profile in the directory, you will be required to register or to use Facebook, Twitter or Google to import your profile. We will request information from you, including your name and email, for Registration. You must provide us with true and accurate registration information. We may assign a user name to you. You should not share your account, user name or password with anyone else. You will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access Diddychat or Eventchat App. You should notify us immediately of any unauthorized use of your user name and password. If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account in our sole discretion. We may terminate your account and/or your access to the App at any time if we deem in our sole discretion such to be necessary or appropriate.
You shall be legally responsible for: (i) all Posted Information to the Eventchat App and any Media you input into the Eventchat App and to other Integrated Applications where you have accounts, such as Facebook, Twitter, Text Messages, Email or any other third party Applications; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application.
Users are prohibited from violating or attempting to violate the security of the App, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding", "mailbombing" or "crashing"; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Diddychat and the Eventchat App shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Eventchat App or any other Diddychat App, including all of Your Eventchat account information, media and materials for any reason. Notwithstanding the foregoing, Eventchat shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information. If You are suspended, restricted, and/or terminated with or without notice, You may lose access to all of your information, data, media and/or materials created in the Eventchat App. Eventchat reserves the right to provide you the opportunity to appeal your suspension, restriction or termination.
By accepting these Terms and using the Eventchat App and/or Website, you agree that you shall defend, indemnify and hold Diddychat, Eventchat, its Events, Event Coordinators, Brands, Brand Owners, its sponsors, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including any information shared via the App or Website, or (c) your use or misuse of the App or website.
Eventchat does not currently charge its users to access and use the Application, however Eventchat may, at any point and in its sole discretion, begin charging fees for premium services or premium use of various portions of the Eventchat App and/or for different levels of subscription or account, such as premium services for Event Coordinators, email reminders, live broadcasting, and other features.
This Agreement shall continue in full force until the earlier to occur of (i) either party providing any type of written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the App), or (ii) Eventchat electing to terminate Your access to the App or Website with or without notice (the "Term"). For purposes of clarity, You are entitled to terminate your Eventchat account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other public or non-public module of the App or website. In addition to the foregoing, in the event that Diddychat or Eventchat determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Eventchat policy in effect from time to time or otherwise failed to perform to the standards required of Eventchat, Eventchat shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application, in each of the foregoing cases at any time and for any period of time. Eventchat shall not be responsible for the return of any data, media, materials, posted data (photos or videos) or information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application, including without limitation any information input into the Application by You. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement shall survive any termination of this Agreement.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and Eventchat, You shall be deemed to be the sole owner of all Posted Information entered into the Application or otherwise posted by You in the Eventchat App; and (ii) Diddychat, LLC and Eventchat is the sole owner of the name "Eventchat" as well as the App, Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. Any media, photos, videos, comments, chat strings or any other type of data provided by you while using the App are provided to Diddychat via a non-exclusive in perpetuity license from you as the User. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Diddychat regarding the App or the website shall, upon submission through Eventchat to Diddychat, be owned solely and exclusively by Diddychat. In addition, Diddychat and Eventchat shall be entitled to post feedback in the App or at the Website (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the App shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Diddychat or Eventchat.
In exchange for Your use of the App and website, You hereby grant to Diddychat and Eventchat an unlimited, perpetual, irrevocable, fully-paid, royalty free, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display, aggregate, any and all Posted Information You submit to the App or website using the Eventchat App or post through any related App or the Diddychat or Eventchat website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with Diddychat or Eventchat performing the services described herein. Finally, You irrevocably waive, and cause to be waived, against Diddychat and Eventchat and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. Diddychat and Eventchat shall be entitled to display advertising and/or any other content at locations of its choosing within the App or website, including without limitation adjacent to Your Posted Information.
You agree to treat as confidential all confidential information of Eventchat, not to use such confidential information for any purpose other than to the limited extent necessary to use the App and website and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Diddychat or Eventchat, provided however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Diddychat, LLC to terminate employment with Diddychat or to become employed by or enter into contractual relations with any other individual or entity.
NEITHER DIDDYCHAT NOR EVENTCHAT SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EVENTCHAT'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50.
Neither Diddychat nor Eventchat shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
The following terms and conditions govern general use of the Website: You agree to abide by all restrictions displayed on the website and/or within the EventChat App, as and when they are updated from time to time, including, without limitation, the rules in this Section 13. Eventchat reserves the right to remove any content You post to the Website or within the Application, block the sending of any inquiry or other content Eventchat deems inappropriate in its sole discretion, and may terminate all access to the Website and/or App at any time in its sole discretion for any or no reason.
Permitted Uses. You may use the App and website only in good faith for the purposes described herein. You may download and print out portions of the content from the App or website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the website or App, or any business listings, contract information or other content, to promote another business or commercial venture.
Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the App or website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
Derivative Works. You may not create compilations or derivative works of the website or the App, the website or App content or any other materials from the website or App.
Others' Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
Harm to Minors. You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way. Any such action will result in immediate termination of your account and being reported to local authorities.
Solicitation. You may not use the Website or App in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Third Party Content: The Website, the Application and the Website and Application content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Application ("Third Party Content") that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Eventchat assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Eventchat has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Eventchat expressly states in writing to the contrary, Eventchat neither endorses nor adopts as its belief any such statements. Eventchat may provide information in articles Eventchat posts or links to through the Website only for educational and general informational purposes and not as professional advice. Eventchat has made no attempt to verify any information contained in any such articles. As a convenience to You and other Website visitors, the Website may work with community managers who are experts, may contain links to websites that are owned and operated by third parties that are not affiliated with Diddychat or Eventchat. When You use these links, You will leave the Website and Eventchat will have no ability to protect Your interests. You visit linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. Neither Diddychat nor Eventchat is responsible for any action you take with any third party, and unless it expressly states otherwise in writing, it makes no warranty or representation regarding such third party and it does not endorse any linked website or any service, product or information provided on or through the linked website.
In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which Eventchat has disabled access, Eventchat may forward a copy of a valid Notice including name and email address to such individual or entity. Diddychat’s and Eventchat's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
604 Arizona Avenue
Santa Monica, CA 90401
(310) 428 – 9218
Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of California, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved in the appropriate Federal or state court located solely and exclusively in Los Angeles County, CA. You hereby consent to exclusive jurisdiction in Los Angeles County, California, and agree not to raise any defense of forum non conviens or any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchisor, franchisee, partner, agent or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by You without Diddychat’s or Eventchat's prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.
You shall send notices to us by mail or by email to our contact information listed directly hereabove and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient's location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.