Public: Do not check either box, this is the default type. Visible to all users. Users must apply and be approved to join.
Public/Open: Only check the Open option. Visible to all users. Users are automatically approved when they apply.
Private: Only check the "Private" option. Only visible to those who have the link. Users must apply and be approved to join.
Private/Open: Check both options. Only visible to those who have the link. Users are automatically approved when they apply.
Only enter a dollar value in this field if you are expecting attendees to actually give money to you, the organizer. If the event will cost money, but you, as the organizer are not collecting that money, then just enter information about the cost of the event into the description.
ZIMIDY TERMS AND CONDITIONS OF USE
Version 1.0, July 2, 2015
Thank you for using Zimidy's website (the "Website") and/or downloading the Zimidy mobile device application (the "Application") that provides access to Zimidy content and services, including without limitation, a portal for facilitating events (collectively, such content and services, together with the Application, are referred to herein as the "Zimidy Services"), made available by Zimidy, LLC ("Zimidy"). Download, installation and use of the Application, and access to Zimidy Services, however accessed, are all offered to you, the individual user, by Zimidy subject strictly to the terms and conditions set forth below.
1.1 Licenses. Subject to the terms and conditions of this Agreement, Zimidy hereby grants to you a personal, fully revocable, non-transferable and non-exclusive license to (a) download, install and use the Application on a mobile device that you own or control, for the sole purpose of accessing the Zimidy Services, any upgrades, updates or corrections thereto provided by Zimidy to you, if any, and related user documentation offered by Zimidy to you; and (b) access and use the Zimidy Services exclusively through the Application and/or Website within the United States. Zimidy reserves the right to refuse access to the Zimidy Services to anyone for any reason at any time.
1.2 Not Intended for Children Age of 13 or Under.Zimidy offers the Zimidy Services exclusively for the use of individuals who are over the age of 13. We do not solicit or knowingly collect personal information from persons under the age of thirteen, and we do not knowingly market our products or services to persons under such age. Accounts of Users under the age of 13 years will be cancelled and deleted by Zimidy, upon receiving notice at [email@example.com].
1.4 Zimidy Brand Materials. The Zimidy name and logo are trademarks and/or service marks of Zimidy and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zimidy, except to the extent Zimidy publishes brand use guidelines on Zimidy’s web site from time to time.
1.5 Disclaimer; Nature of Services. THE ZIMIDY SERVICES, INCLUDING, WITHOUT LIMITATION, THE APPLICATION, THE WEBSITE, AND ZIMIDY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZIMIDY NOR ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "ZIMIDY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APPLICATION AND/OR THE WEBSITE; (B) THE ZIMIDY SERVICES, INCLUDING BUT NOT LIMITED TO THE THE QUALITY OR SAFETY OF ANY EVENTS, WHETHER OR NOT THE SAME ARE FACILITATED THROUGH USE OF THE SERVICES; (C) THE ZIMIDY CONTENT; (D) USER CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO, OR FROM, ZIMIDY OR VIA THE ZIMIDY SERVICES. IN ADDITION, THE ZIMIDY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. NOTHING HEREIN SHALL BE CONSTRUED AS A WARRANTY OF COMPATIBILITY WITH ANY PARTICULAR MOBILE/COMPUTING DEVICE, OPERATING SYSTEM, OR OTHER SOFTWARE RESIDENT ON YOUR DEVICE.
THE ZIMIDY PARTIES DO NOT REPRESENT OR WARRANT THAT THE ZIMIDY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ZIMIDY SERVICES OR THE SERVER(S) THAT MAKES THE ZIMIDY SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ZIMIDY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE ZIMIDY SERVICES IS TRUE, VALID, ACCURATE, COMPLETE, OR USEFUL.
YOU ACKNOWLEDGE THAT ZIMIDY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED AND NOT SPONSORED BY ZIMIDY, THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
YOU ACKNOWLEDGE THAT YOUR USE OF THE ZIMIDY SERVICES IS AT YOUR SOLE RISK AND YOU EXPRESSLY ASSUME AND HEREBY EXPRESSLY RELEASE THE ZIMIDY PARTIES FROM ALL LIABILITY, IN TORT, CONTRACT OR OTHERWISE, INCURRED IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE ZIMIDY SERVICES, THE WEBSITE, THE APPLICATION, OR ANY EVENTS LISTED THEREON. THE ZIMIDY PARTIES DO NOT WARRANT THAT YOUR USE OF THE ZIMIDY SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ZIMIDY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
IN NO EVENT SHALL ZIMIDY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE APPLICATION, THE ZIMIDY SERVICES OR WITH THE DELAY OR INABILITY TO USE THE ZIMIDY SERVICES, EVEN IF ZIMIDY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ZIMIDY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND ZIMIDY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. Zimidy makes no warranties, express or implied, that the use of the Zimidy Services does not infringe any patent or copyright of any third party. Notwithstanding the foregoing, you may report the misconduct of Users, Organizers, and/or third parties in connection with the Website, the Application or any Zimidy Services to Zimidy. Zimidy, in its sole discretion, may investigate the claim and take necessary action.
1.6Username/Password. You may be asked to create a username and password (combined, the “User Identity”). You shall hold and secure any such User Identity as strictly confidential. Third parties with knowledge of your User Identity can gain access to your account information and take other actions for which you will be held accountable and liable. Zimidy is entitled to, and will, assume that any person using the Zimidy Services under your User Identity is you and will hold you liable and responsible for all actions and/or statements made under your User Identity. Zimidy shall not be responsible whatsoever in the event that your User Identity is used by an unauthorized entity or misappropriated by a third party. We reserve the right to refuse or reject any username for any reason and/or force forfeiture of any username at any time for any reason. If you provide any information that is untrue, inaccurate, not current or incomplete, Zimidy has the right to suspend or terminate your account and refuse any and all current or future use of the Website, the Application and/or the Zimidy Services (or any portion thereof).
1.7.2You acknowledge and agree that you elect to share or publish your User Content through the Zimidy Services at your own risk. You acknowledge and agree that, once you have posted your User Content, Zimidy cannot thereafter guarantee that such posted User Content can be deleted from the Zimidy Services. You agree that Zimidy is not responsible or liable for the conduct of any User. Please take note that no security measures are perfect or impenetrable. We cannot control the actions of other users. Therefore, we cannot and do not guarantee that your account information or User Content that you may share or publish through Zimidy Services, will not be accessible to the general public or otherwise viewed by unauthorized persons. We are not responsible for circumvention of any security measures we provide. You understand and acknowledge that, even after removal, User Content may remain viewable in cached and archived pages or if other users have copied or stored all, or parts of, such information.
1.7.3From time to time, Zimidy may elect to display promotions and advertisements, and you hereby agree that Zimidy may place such promotions and advertising on the Zimidy Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that Zimidy may not always identify said services, sponsored content, or commercial communications as such.
1.8 Objectionable Material. You understand that through your use of the Zimidy Services you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. Pursuant to Section 1.7.1, Zimidy does not have any obligation to monitor or remove any User Content. However, Zimidy requests that you report content which you deem objectionable to [firstname.lastname@example.org]. You agree to use the Zimidy Services at your sole risk and that Zimidy shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
1.9 Links to Other Sites. Zimidy Services may provide access and/or hyperlinks to other third party sites and content on the Internet. Such third party sites and content so linked have not necessarily been reviewed by Zimidy and are maintained by third parties over which Zimidy exercises no control. Zimidy expressly disclaims any responsibility for the i) content or accuracy of information contained on such linked content; ii) quality of any product or service provided by or advertised in or by any such third party content. Zimidy neither endorses nor makes any representation regarding any linked site, product, service and/or content, and we advise you to assess for yourself the adequacy and appropriateness of any linked site, product, service and/or content for your own purposes. Zimidy expressly disclaims any responsibility for the quality, adequacy, or appropriateness of any product or service provided by or advertised by any linked site.
1.10 No Right To Continued Service. Zimidy reserves the right to amend the Application, the Website, Zimidy Services and/or the interface, functionality and/or operation of the Application, the Website, or the Zimidy Services at any time and without prior notice. At any time without notice, Zimidy may add, delete or disable content, and/or add, delete, disable or modify some or all of the Zimidy Services, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Application, the Website, and/or other aspects of the Zimidy Services to the same extent - or at all - as prior to such change or discontinuation, and (2) that Zimidy shall have no liability to you in such case. In no event will Zimidy be liable for the removal of or disabling of access to any content, materials or functionality. Zimidy may also impose limits on the use of or access to certain features or portions of the content, other aspects or components of the Zimidy Service, in any case and without notice or liability.
1.11 Payment. Monetary payments will be made to the User who has organized an event not sponsored by Zimidy ("Organizer") directly by attendees. It is the responsibility of the Organizer to communicate its refund policy to the attendees and issue refunds to attendees as necessary. If a User desires to request a refund, the User must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Users. The Organizer hereby agrees to fully indemnify Zimidy and its affiliates for refunds, errors in issuing refunds, or lack of refunds. Notwithstanding the foregoing, the Organizer acknowledges and agrees that Zimidy shall have a right to force a refund of any or all tickets or other forms of event acceptance at any time for any reason or no reason, including without limitation if Zimidy receives complaints from a substantial number (as determined by Zimidy in its sole discretion) of Users with respect to the applicable event or another event held by the Organizer, or Zimidy determines in its sole discretion that the Organizer has engaged in fraudulent activity or made any misrepresentations.
1.12Taxes. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Zimidy Services. In the event that a governmental authority requires Zimidy to pay any Taxes attributable to your use of the Zimidy Services, you agree to promptly and fully reimburse Zimidy for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
2.2 Copyright.Unauthorized use of any material accessed through or contained on the Zimidy Services, may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Zimidy Content is owned by Zimidy and/or its licensors and content providers and is protected by applicable domestic and international copyright laws. The compilation of all Zimidy Content through the Zimidy Services and its presentation through the Application and the Website is the exclusive property of Zimidy and protected by U.S. and international copyright laws. Text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, presented on or through the Zimidy Services is copyrighted by Zimidy, LLC, all rights reserved. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
2.3 Trademark. “Zimidy”, the Zimidy logo, and all graphics, logos, page headers, titles, button icons, scripts, service names and other trademarks and service marks on the Zimidy Services are trademarks, trade dress and service marks belonging to Zimidy or its licensors (the "Zimidy Marks"). Zimidy Marks may not be used in connection with any product or service that is not related to Zimidy or the Zimidy Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zimidy or the Zimidy Services. Zimidy Marks may not be copied, imitated or used, in whole or in part, without prior written permission from Zimidy. All other trademarks not owned by Zimidy that appear via the Zimidy Services are the property of their respective owners, who may or may not be affiliated with, connected to, sponsor, or sponsored by Zimidy. Any product, service, or trade name other than those owned by Zimidy that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Zimidy Marks or any third party trademark is strictly prohibited.
2.4 Complaints; DMCA. If you believe that your trademark, service mark, or copyrightable work of authorship has been copied and/or is being displayed via the Zimidy Service in such a way that would give rise to a claim for misappropriation or infringement, please e-mail the materials identified below to Zimidy:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(b) A description of the protected mark or copyrighted work that you claim has been infringed upon;
(c) A description of the manner in which the material that you claim is infringing is accessed via the Zimidy Services, including any information which would assist Zimidy in identifying and locating that material;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or permissible by law;
(f) A statement by you under the penalty of perjury that the information in your notice is accurate that you are the mark holder, copyright owner or authorized to act on such party's behalf.
SEND NOTICE OF CLAIMS TO:
3.2 ZIMIDY DOES NOT ENDORSE ANY PARTICULAR ZIMIDY CONTENT OR USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL ZIMIDY BE LIABLE IN ANY WAY FOR ZIMIDY CONTENT OR USER CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY ZIMIDY CONTENT OR USER CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY ZIMIDY CONTENT OR USER CONTENT ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION, THE WEBSITE, AND/OR ZIMIDY SERVICES. You agree that any claim you may have arising out of or related to your relationship with Zimidy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
3.5 Indemnity. You (and also any third party for whom you operate an account or activity on the Zimidy Services) hereby agree to indemnify, defend and hold harmless Zimidy and its affiliates from and against any and all liability and costs incurred by Zimidy or the affiliates in connection with any claim arising out of (i) any breach or alleged breach of any of your obligations set forth herein; (ii) your User Content or your access to or use of the Zimidy Services, including but not limited to the events listed on the Zimidy Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You shall cooperate as fully as reasonably required in the defense of any claim. Zimidy reserves the right, at its own expense, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Zimidy.
5.9Events Beyond Zimidy's Control.Zimidy will use reasonable efforts to keep the Application, the Website, and Zimidy Services available for your use; however, Zimidy cannot and will not be responsible for any loss or unavailability of access to Zimidy Services that results from any cause including a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, wireless data or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
5.10 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.