These terms and conditions (the "Terms") govern your access to and use of this website, www.EventSource.ca (the "Site"). By accessing or using the Site, you are agreeing to the Terms, without modification or amendment, and entering into a legally binding contract with Eventsource Corporation, a corporation formed under the laws of the Province of Ontario (the "Company" or "we"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Any failure on your part to comply with the Terms may lead to the Company from prohibiting you from using the Site or instituting any other remedies that the Company, in its sole discretion, may deem appropriate.
1. Changes/Amendments to the Terms
The Company may modify the Terms from time to time in its sole discretion. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site.
If the Company makes material changes to these Terms, a notification will be sent to all registered users by email or posted on the Site prior to the effective date of the changes. The Company will also indicate at the bottom of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon the posting of such new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. Use of the Site
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of the Company or if we have previously banned you from the Site or closed your account.
Permission to Use the Site
The Company grants you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate and you hereby agree that you are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify the Company immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Communications from the Company
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive email notifications regarding Site changes, promotional content regarding certain Vendors or any other matter that the Company deems appropriate in its sole discretion.
The text, images, photos, audio, video, location data, and all other forms of data or communication ("Content") contained on the Site does not reflect the opinion of the Company and the reviews published on the Site do not convey the recommendations or endorsement of the Company. The Company does not take any responsibility for the accuracy or completeness of any Content on the Site, including but not limited to any reviews posted on the Site. The Company assumes no obligation to update the Content on the Site and at the Company’s sole discretion, and without any notice to you, the Company reserves the right to remove or reinstate any Content. The Company also reserves the right to terminate a user's account if the user is determined to be a repeat infringer of the Term or any other policy of the Company posted on the Site.
Responsibility for Your Content
You alone are responsible for Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, and information that you publicly display or are displayed in your account profile ("Your Content"). You represent that you own, or have sufficient right, title and interest in Your Content, or the necessary permissions to use and authorize the use of Your Content as described herein without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to pay for all royalties, fees, and any other monies owing to any other person by reason of any Your Content posted by you to the Site. You agree to assume sole liability and to indemnify the Company for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a review, or on or in connection with the Site.
You hereby acknowledge and agree that once your content has been published on the Site, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may not imply that Your Content is in any way sponsored or endorsed by the Company.
You acknowledge and agree that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
If you believe that your work has been copied and posted on the Site in a way that constitutes any form of intellectual property infringement, please send a notice to [email protected] containing the following information: (i) a description of the protected work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Site; (iii) your address, telephone number, and email address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner or agent of the protected work, or the law; (v) a statement by you that the above information in your notice is accurate and that you are the owner of the intellectual property right or authorized to act on the owner of the intellectual property rights’ behalf; and (vi) your physical or electronic signature.
The Company’s Right to Use Your Content
The Company may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and using it on the Site or any other websites and media platforms ("Other Media"). As such, you hereby irrevocably grant the Company a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of moral rights or attribution with respect to Your Content. "Use" for the purposes of the Terms means use, copy, publicly perform and display, reproduce, adapt, modify, re-arrange, translate, remove, analyze, commercialize, distribute and prepare derivative works of Your Content.
The Company does not claim any ownership rights in Your Content. The Company owns the Site and the design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts as well as certain Content created by the Company (collectively, the "Company Content").
The Company Content is the property of the Company and is protected by Canadian and worldwide copyright laws and treaty provisions. The trade-marks and logos of the Company used on the Site may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company. Other products, services, logos and company names mentioned on the Site may be the trade-marks of their respective owners. Except as expressly provided herein, the Company does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Company Content.
5. Review Guidelines
In addition to the guidelines with respect to Content as described in section 4 of the Terms above, you represent that you have read and understood the following review guidelines (collectively, the "Review Guidelines") and agree to abide by same:
Reviews must be based on a business transaction or a proposed business transaction. If you have conducted business with a Vendor, or you have otherwise communicated with such Vendor regarding a proposed business transaction, and are able to provide proof of such business transaction(s) or proposed business transaction(s), then you are permitted to post a review for each unique transaction you conducted with such Vendor.
The content of a review must be family-friendly. The Company will not post – or once posted, will remove – any reviews that contain insulting language, profanity, threats, prejudiced comments, hate speech, personal attacks, or other content considered objectionable.
Reviews should be unique, independent, and accurate. Your review should focus solely on your experience with the Vendor and the goods and/or services provided by such Vendor. As others may rely on your reviews, we urge you to make your comments helpful, reasonable, and above all, truthful to your experience. Ensure your content is as factually accurate as possible according to your knowledge and experience.
Ensure your review is legal, non-infringing and not defamatory. The Company will not post, and once posted, will remove from the Site, any review that is, or becomes, illegal, infringing, defamatory. Reviews may be removed if (i) you request your review to be removed; (ii) your review has been disputed and is currently being investigated; once the investigation is completed, your review will either be posted on the Site or rejected if the Company has determined that your review does not comply with these Review Guidelines; or (iii) your review does not comply with these Review Guidelines.
Vendors and representatives of Vendors, including individuals, business owners, managers, or employees (past or current) may not pose as consumers and post reviews about their own company. This is considered to be fraudulent activity, and will be treated accordingly.
Reviews must be non-commercial. The Company will not post any web addresses, e-mail addresses, HTML code, or promotional materials of any kind.
Reviews must be written in English.
We allow Vendors and representatives of Vendors that were reviewed to respond to posted reviews by logging into their Vendor dashboard and replying directly to such reviews. The Company will apply the same Review Guidelines to such responses. Please note that the identity of a representative that files a response to a review will be made known on the Site.
In order to use the Site, you agree that you shall not:
impersonate any person or entity, including without limitation, a Company representative, write fake or defamatory Content or trade reviews with other businesses;
violate any third party's rights, including any breach of confidentiality, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
publish or attempt to publish Content intended to threaten or harass others, or that contains any bigotry or discriminatory language;
use the Site to spam others by sending bulk emails, or any other mass messaging, both commercial or noncommercial;
engage in keyword spamming in reviews or profile text, or otherwise attempt to manipulate any Site's search results;
solicit personal information from any users of the Site, or submit or transmit pornography;
violate any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Content (other than Your Content), except as expressly authorized by the Company;
use any type of robot, site search/retrieval application, or other automated device such as a spider to process or as means to access, retrieve, scrape, or index any portion of the Site;
reverse engineer any portion of the Site;
remove any trademark or proprietary rights notice on any part of the Site or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
copy, process, or gather information about Site users;
access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
reformat any portion of the Site;
take any action that will or may cause an unreasonably large load on the Company’s technology infrastructure or otherwise make excessive traffic demands of the Site;
use the Site to give other Site users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
use the Site in any manner that could damage, disable, overburden or impair the Company's servers or networks, or interfere with any other user's use and enjoyment of the Site;
gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to the Company through hacking, password mining or any other means; or
use the Site for any purpose that is unlawful or is otherwise prohibited by the Terms.
7. The Company is Not Party to any Transaction
The Site functions solely as a neutral venue and digital clearinghouse where users of the Site ("End Users") Vendors may connect for a particular type of good/product or service. The Company is not involved in or a party to the actual transaction between any End Users and any Vendors.
The Company conducts preliminary research to verify the identity of the Vendors on the Site; however, the Company cannot and will not guarantee each Vendor's identity; nor can the Company guarantee each Vendor's capabilities. The Site contains a review system to help End Users evaluate Vendors with whom they are considering transacting business. However, the Company cannot guarantee that information provided by or about Vendors on the Site is accurate. End Users should use the Site as a starting point for identifying Vendors who may be able to provide the products and services needed for their event but End Users should always conduct their own research to ensure that Vendors chosen are appropriate for their event.
If you are an End User, you acknowledge and agree that the Company does not provide any of the products or services advertised or offered by the Vendors on the Site and therefore cannot and does not guarantee the quality of the goods or services offered by any of the Vendors. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to goods, products and/or services offered by any Vendor through the Site are not provided by the Company and are specifically and solely between you and the Vendor. Any transaction you enter into with a Vendor is strictly between you and such Vendor, and the Company is not a party to that transaction. Any dispute you have with a Vendor is between you and such Vendor, and the Company will not be a party to that dispute. You hereby agree to release the Company, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any Vendors.
If you are a Vendor (including those Vendors who have not activated their paid listing on the Site), you acknowledge and agree that the Company is in no way responsible for assisting you in reaching an agreement with any End Users, nor is the Company responsible for assisting you in providing goods and services to End Users. Further, you acknowledge and agree that the Company cannot and will not verify any information about any End Users and cannot and will not guarantee the ability of any End Users to complete payment for any of the goods, products or services you provide. Any transaction you enter into with an End User is strictly between you and such End User, and the Company is not a party to that transaction. Any dispute you have with an End User is between you and such End User and the Company will not be a party to that dispute. You agree to release the Company, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any End Users.
8. Fraudulent Activity
The Company may suspend or terminate your use of the Site if the Company suspects that you have engaged in fraudulent activity in connection with the Site, as determined in the Company's sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Site’s review system by, for instance, attempting to restrict an End User's ability to post a review by contract or otherwise, or offering an End User cash or other form of monetary compensation in exchange for a more favorable review.
9. Links to Third-Party Sites
The Site contains links to other websites or applications (each, a "Third Party Site"). The Company does not control or endorse any Third Party Site and is not responsible for any of the Content which may appear on any Third Party Site. Your use of any Third Party Site is at your own risk. The policies of any Third Party Site may differ from that of the Site. It is your responsibility to determine the policies of any Third Party Site. You hereby agree that the Company shall have no liability whatsoever to you with respect to your access or use of any Third Party Site.
10. Limited Liability
The Site, the IP Content and any other Content accessible through the Site may contain inaccuracies and typographical errors and are provided "as is" without any representation or warranty, express or implied, of any kind. The Company hereby: (i) makes no representations or warranties about the accuracy or completeness of the information contained on or accessible on or through the Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site; and (ii) disclaims all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law or from a course of dealing or use of trade.
The Company does not warrant that the Site will operate without interruptions or that it will be error free. The use of the Site is at your own risk and EventSource assumes no liability or responsibility pertaining to the Content or the your use of the Site. You hereby acknowledge and agree that your use of the Site is at your sole risk.
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR ANY FUNCTION OF THE SITE, WHETHER OR NOT THE COMPANY OR ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Company and its officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising from, or relating to, in any manner, in whole or in part,(i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Governing Law and Jurisdiction
By visiting and using the Site, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein will govern the Terms. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under or related to your use of the Site or the Terms and waive any objection you may now or hereafter have to venue or to convenience of forum.
13. General Provisions
The Company reserves the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
The Company may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
Except as otherwise stated in Section 11 (Indemnification) above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and the Company regarding the use of the Site, and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure by the Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with the Company's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please contact us at: [email protected] with any questions regarding the Term of Use.
Last Updated: December 31, 2017