Term of Use
- Welcome to the Website of ZapEvent and its online registration services. All users of the ZapEvent Website are subject to the following terms and conditions of use (these 'Terms of Use').
-
Last Update: 7/29/2008
- Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the ZapEvent Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.
- This Website and other PowerObjects Websites provide general information about ZapEvent and its services and allow you to register for certain services and events sponsored and operated by third parties (collectively, 'Event Sponsor,' which term refers to both sponsors and operators).
- ZapEvent may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the ZapEvent Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
-
USE OF THE ZAPEVENT Website
- You agree to use the ZapEvent Website only for lawful purposes:
- 1. Specifically, you agree not to do any of the following: (1) use the ZapEvent Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the ZapEvent Website by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the ZapEvent Website or that you have a contractual obligation to keep confidential; or (7) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the ZapEvent Website, or which, as determined by ZapEvent, may harm ZapEvent or users of the ZapEvent Website or expose them to liability.
- 2. You understand and acknowledge that you are responsible for whatever you submit to this Website and you, not ZapEvent, have full responsibility for it, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to ZapEvent or to any area of the ZapEvent Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to ZapEvent and/or post it to the ZapEvent Website. You grant to ZapEvent the right to use all information or other material you upload or otherwise transmit to ZapEvent or the ZapEvent Website in any manner ZapEvent chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
- 3. ZapEvent reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the ZapEvent Website which ZapEvent, in its sole discretion, deems inconsistent with the foregoing commitments, including anything ZapEvent has been notified, or has reason to believe, constitutes copyright infringement; and (2) terminate any user’s access to all or part of the ZapEvent Website. However, ZapEvent can neither review all information or other material before it is posted on the ZapEvent Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ZapEvent assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ZapEvent reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, ZapEvent has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- 4. ZapEvent reserves the right to modify, reject or eliminate any information residing on or transmitted to the ZapEvent Website.
- Your failure to comply with the foregoing provisions may result in the termination of your access to the ZapEvent Website and may expose you to civil and/or criminal liability.
-
COPYRIGHT RESTRICTIONS/USE OF CONTENT
- The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ZapEvent or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the ZapEvent Website for personal use or legitimate business purposes related to your role as a current or prospective customer of ZapEvent or of an Event Sponsor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of ZapEvent, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the ZapEvent Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with ZapEvent or the applicable owner of such content. Except as expressly authorized by ZapEvent in writing, you may not reproduce, sell or exploit for any commercial.
-
TRADEMARKS
- Enjoy ZapEvent, as well as the other product and service names, the logo, the design marks and the slogans of ZapEvent are the trademarks, service marks or registered trademarks of ZapEvent. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The ZapEvent name and logo may not be used in any commercial manner without the prior written consent of ZapEvent.
-
DEALINGS WITH MERCHANTS AND OTHER THIRD PARTIES
- If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through this Website, you acknowledge and agree that ZapEvent is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that ZapEvent will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on this Website.
-
LIABILITY OF ZapEvent, EVENT SPONSORS AND LICENSORS
- You assume all responsibility and risk for the use of this Website and the Internet. Neither ZapEvent nor any Event Sponsor assumes any liability for the materials, information and opinions provided on, or available through, the ZapEvent Website (the 'Site Content'). Any of the Site Content may include technical, accuracy and typographical errors. ZapEvent has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by ZapEvent or any Event Sponsor shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. ZapEvent and each Event Sponsor disclaim any liability for injury or damages resulting from the use thereof.
- ZapEvent Website, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS Website ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS. NEITHER ZAPEVENT NOR ANY EVENT SPONSOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE ZAPEVENT Website. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ZAPEVENT NOR ANY EVENT SPONSOR WARRANTS OR REPRESENTS THAT THE ZAPEVENT Website, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS Website WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ZAPEVENT Website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ZAPEVENT Website WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ZAPEVENT AND EACH EVENT SPONSOR DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
- Neither ZapEvent nor any Event Sponsor shall be liable for any damages of any kind whatsoever (1) arising out of your reliance on the information on this Website or (2) resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing in this Website or any other linked Websites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Website or any linked Website or the Internet generally.
- IN NO EVENT WILL ZAPEVENT OR ANY EVENT SPONSOR OR ANY OF THEIR LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ZAPEVENT Website, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS Website OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ZAPEVENT Website OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ZAPEVENT OR ANY EVENT SPONSOR AND WHETHER OR NOT ZAPEVENT OR ANY EVENT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
-
INDEMNIFICATION
- You agree to indemnify and hold harmless ZapEvent and each Event Sponsor and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the ZapEvent Website or the delivery of products, services or information over the ZapEvent Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the ZapEvent Website or any products, services or information obtained from this Website.
-
RIVACY; PROTECTION OF PERSONAL INFORMATION
- ZapEvent’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the ZapEvent Privacy Policy, which is incorporated by reference into these Terms of Use.
-
COMMENTS AND SUBMISSIONS
- Anything that you submit to or through ZapEvent or the ZapEvent Website is non-confidential for all purposes and will not be held in confidence. ZapEvent does not want to receive confidential or proprietary information from any user through its Websites. Should you provide ZapEvent or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Website, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of ZapEvent and you agree that all intellectual property rights therein are transferred to ZapEvent. ZapEvent assumes no obligation to protect such information from disclosure. The submission of such information to ZapEvent shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by ZapEvent for any purpose whatsoever and ZapEvent shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. ZapEvent cannot prevent the “harvesting” of information from this Website, and a user may be contacted by ZapEvent or unrelated third parties by e-mail or otherwise, within or outside of this Website. In addition, while there is no limitation on how a user’s information may be used, ZapEvent may use your IP address to help diagnose problems with its server and administer this Website, or to help identify you and to gather broad demographic information.
-
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
- The ZapEvent Website contains links to other Websites on the Internet. ZapEvent is not responsible for and does not endorse the content, products, services or privacy practices of any third party Websites, including, without limitation, Event Sponsor sites, sites framed within the ZapEvent Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Websites is at your own risk and subject to the terms and conditions of use for such Websites. Further, a reference on the ZapEvent Website to any products, events, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply ZapEvent’s endorsement, sponsorship or recommendation. Product, event and service information are solely the responsibility of each individual Event Sponsor or other vendor and ZapEvent does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such parties’ products, trademarks, trade names or trade dress.
-
COMPLIANCE
- The owner of this Website is based in the State of Minnesota, USA. Except as explicitly stated otherwise on this Website, ZapEvent makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
-
GOVERNING LAW; JURISDICTION
- The posting of this Website on the World Wide Web is a passive activity in itself. Access to this Website by persons in any jurisdiction does not imply that ZapEvent intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that ZapEvent invokes the benefits and protections of the law of such jurisdiction. This Website was developed in the United States of America in accordance with, and shall be governed by, and your use of this Website shall be deemed acceptance of, the laws of the State of Minnesota and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Minnesota, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the ZapEvent Website shall be in the state or federal courts located in Minneapolis, Minnesota. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that ZapEvent intends to make such products and services available in such countries.
-
MISCELLANEOUS
- If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. ZapEvent’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and ZapEvent nor any trade practices shall be deemed to modify these Terms of Use.

