Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. Endorsevent Inc ("Endorsevent," "we," or "us") offers an online sponsorship platform and community through its website located at Endorsevent.com (the "Endorsevent Site") and related domains, mobile applications, desktop applications, and PC television applications (collectively, the "Endorsevent Service"). By registering as a member or by using the Endorsevent Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Endorsevent. If you do not wish to be bound by this Agreement, do not use the Endorsevent Service.
Who May Use the Endorsevent Service
License to Use the Endorsevent Service
Subscriptions, Purchases and Fees
Term and Termination; Account Deletion
Code of Conduct
Licenses Granted by You
Your Representations and Warranties
Third Party Copyrights and Other Rights
Limitation of Liability
Compliance Notice Pursuant to 18 U.S.C. § 2257
Relationship with Endorsevent
1. Who May Use the Endorsevent Service
AGE REQUIREMENT: You must be at least 13 years old to use the Endorsevent Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Endorsevent Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Endorsevent Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Endorsevent Service. If your child is using the Endorsevent Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Endorsevent Service is appropriate for your child, please review ourFrequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the Endorsevent Service and/or have your parent's or guardian's permission, some of the content available within the Endorsevent Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.
2. License to Use the Endorsevent Service
LICENSE: Endorsevent grants you a limited, non-exclusive license to access and use the Endorsevent Service for your own personal, non-commercial purposes. This includes the right to view content available on the Endorsevent Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Endorsevent Service for commercial purposes unless:
You are a Endorsevent Agency, in which case you may use and access the Endorsevent Service for commercial and non-commercial purposes, subject to compliance with the Endorsevent Guidelines; or
You are a small-scale independent production company, non-profit, or artist, in which case you may use the Endorsevent Service to showcase or promote your events.
RESTRICTIONS: Except as expressly permitted by Endorsevent in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Endorsevent Service. Nor will you take any measures to interfere with or damage the Endorsevent Service. All rights not expressly granted by Endorsevent are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Endorsevent Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Endorsevent and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Endorsevent Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions, Purchases and Fees
ENDORSEVENT PAID SUBSCRIPTIONS: In addition to offering Basic (free) Endorsevent memberships, we offerEndorsevent paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. We may also offer add-on features and packages. All fees may be subject to taxes.
ENDORSEVENT FEES: When a Sponsor provides a Sponsee with monetary contributions related to a sponsorship opportunity Endorsevent there is a Service Fee that Sponsee agrees to pay Endorsevent for creating, hosting, maintaining, and providing the Site Services. The Service Fee is 8.75% of all monetary contributions and is subject to change without prior notice.
CANCELLATION AND REFUNDS: By opening an account with Endorsevent, you expressly agree that Endorsevent may charge your credit card monthly in the amounts specified during the initial transaction. Prices are subject to change. ALL PAYMENTS ARE NON-REFUNDABLE. Your account may be renewed until cancelled, with associated continued billing. If you have any questions you can reach customer support at email@example.com or (844) 230-3066.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Endorsevent reserves the right to deny subscriptions, renewals, and other purchases for any reason.
OTHER PURCHASES: Purchases of other products and services through the Endorsevent Service may be subject to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Endorsevent Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Endorsevent Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Endorsevent may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Endorsevent determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Endorsevent's reputation and goodwill. If Endorsevent deletes your account for the foregoing reasons, you may not re-register for the Endorsevent Service. Endorsevent may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Endorsevent will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Endorsevent shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography;
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
Violates any law.
All videos you submit must also comply with the Endorsevent Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the Endorsevent Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Distribute "spam"; or
Collect information about others
Endorsevent has the right, but not the obligation, to monitor all conduct on and content submitted to the Endorsevent Service.
9. Licenses Granted by You
LICENSE TO Endorsevent: As between you and Endorsevent, you own the content (profile information, pictures and videos) that you submit to the Endorsevent Service. By submitting content, you grant Endorsevent and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the content within the Endorsevent Service; (ii) displaying the content on third party websites and applications through a video embed or Endorsevent's API subject to your video privacy choices; (iii) promoting the Endorsevent Service, provided that you have made the content publicly available; and (iiii) archiving or preserving the content for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Endorsevent Service permission to view your content for their personal, non-commercial purposes.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your content from the Endorsevent Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed content may be cached in search engine indices after removal and that Endorsevent has no control over such caching.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Endorsevent and grant the licenses set forth above; (ii) Endorsevent will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Endorsevent and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Endorsevent Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Endorsevent violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Endorsevent respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at firstname.lastname@example.org.
Endorsevent reserves the right to modify the Endorsevent Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Endorsevent Service. Endorsevent has no obligation to screen or monitor any content and does not guarantee that any content available on the Endorsevent Service complies with this Agreement or is suitable for all users.
Endorsevent provides the Endorsevent Service on an "as is" and "as available" basis. You therefore use the Endorsevent Service at your own risk. Endorsevent expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Endorsevent makes no representations or warranties:
That the Endorsevent Service will be permitted in your jurisdiction;
That the Endorsevent Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on the Endorsevent Service or will be stored by Endorsevent;
Concerning sponsorship transactions being upheld as agreed to on the Endorsevent Service;
That the Endorsevent Service will meet your business or professional needs;
That Endorsevent will continue to support any particular feature of the Endorsevent Service; or
Concerning sites and resources outside of the Endorsevent Service, even if linked to from the Endorsevent Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Endorsevent Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Endorsevent shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Endorsevent's total liability to you shall not exceed the amounts paid by you to Endorsevent over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Endorsevent Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Endorsevent is not the primary producer of the visual content contained in the Endorsevent Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Endorsevent Service must be commenced in the state or federal courts located in Delaware, United States of America (and you consent to the jurisdiction of those courts). In any such action, Endorsevent and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Endorsevent in exercising any right hereunder will waive any further exercise of that right. Endorsevent's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Endorsevent's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Endorseventelectronically. Endorsevent may provide all such communications by email or by posting them on the Endorsevent Service. For support-related inquiries, contact us. You may send notices of a legal nature to Endorsevent at email@example.com or the following address:
500 Westover Drive #9485
Sanford, NC 27330
Attention: Legal Department
Nothing herein shall limit Endorsevent's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Endorsevent on the Endorsevent Site or a written amendment signed by an authorized representative of Endorsevent. A revised Terms of Service will be effective as of the date it is posted on the Endorsevent Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Endorsevent and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Endorsevent's application protocol interface (API).
17. Relationship with Endorsevent
Endorsevent Not a Party to Jobs
Endorsevent is not a party to the dealings between Sponsor and Sponsee, including posts, proposals, screening selection, contracting, performance of Services, delivery of goods and services, and payment. Endorsevent does not introduce Sponsees to Sponsors or help Sponsees find sponsorship opportunities. Endorsevent merely makes the Site Services available to enable Sponsees to identify and determine the suitability of Sponsors for themselves and to enable Sponsors to identify and determine the suitability of Sponsees for themselves. Endorsevent may sort proposals to enable Sponsors to more easily navigate and choose which Sponsees to contact. Endorsevent does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Services, the truth or accuracy of sponsorship opportunities, qualifications, background, or identities of Members, the ability of Sponsees to deliver Services, the ability of Sponsors to pay for Services, or that a Sponsor or Sponsee can or will actually complete a transaction.