RSVPify Terms of Service
These Terms of Service, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”) govern the relationship between RSVPify LLC (“we” or “RSVPify”) and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by RSVPify on or through https://rsvpify.com (the “Website). In case of conflict, these Terms of Service supersede any past or contemporary communications between you and RSVPify.
The terms and conditions set forth herein apply regardless of the device, service or method used to access RSVPify and extend to any geographic location in which RSVPify is accessed. These articles define the legally binding terms for your use of and access to RSVPify, its services, features, content and assets (“Services”). Please read the Terms of Services before using RSVPify.
The Services are in a constant state of change and evolution. The Terms of Service may include references to future functionality and Services that have not yet been implemented and are not yet publicly available. Accessing RSVPify or using the Service constitutes continued acceptance of the Terms of Service.
At all times, you are solely responsible for reviewing and confirming that these Terms of Service are in compliance with all laws, rules and regulations applicable to you or your operating entity. Should compliance be unconfirmed, you agree not to use or otherwise benefit from the use of the Services.
GOVERNING LAW AND JURISDICTION; JURY WAIVER
All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of the Website of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Cook County, Illinois.
You acknowledge and agree that you and RSVPify are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and RSVPify otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
ACCEPTANCE OF TERMS
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
SIGN UP & REGISTRATION
In order to use portions of the Service, you must sign up with RSVPify (thereby becoming a “User” and creating an “Account”). Information provided during the registration process must be complete and accurate.
You shall not: a) create an account with the intent to impersonate another user or person; or b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of RSVPify.
Any use of another User’s account of Services may only be permitted with the express permission of the User.
You are solely responsible for all activity performed on your account. It is your responsibility to protect the safety and security of your account’s password. In the event of a security breach or suspected security breach, you are required to provide notice to RSVPify without delay.
You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal or internal business use or as specifically permitted in this agreement, without RSVPify’s written consent, or (b) use the Services in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Services. You agree to immediately cease use of the Services at RSVPify’s request.
ELIGIBILITY & COMPLIANCE
RSVPify may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice including but limited to entities with a paid for (“Upgraded”) account and a free accounts. RSVPify may delete or otherwise disable any User’s account without notice or explanation. By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by RSVPify or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.
“Content” refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with RSVPify and the Services whether created, uploaded or otherwise employed by RSVPify, its Users or affiliates. RSVPify makes no warranties as to the availability or accuracy of the Content. RSVPify further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.
You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant RSVPify a perpetual, royalty-free, exclusive, non-transferable, non-sublicensable, worldwide license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trademark, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of RSVPify.
RSVPify reserves the right to view, download, read, save or otherwise employ all Content except as specifically prohibited by laws governing the use of the Content.
All Content collected, stored or employed by RSVPify, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of RSVPify. RSVPify may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.
RSVPify does not warrant that any Content will be made available or remain available. RSVPify makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. RSVPify reserves the right to remove, disable or delete any Content without warning, notice or explanation.
Content specifically generated by or specifically employed by RSVPify, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by RSVPify. Further, you may not use or exploit any content owned by or restricted by a third party entity.
On a case-by-case basis, RSVPify may allow Content and events of a (1) “adult" theme or nature and (2) featuring or otherwise related to alcohol, tobacco or firearms. Events hosted on the RSVPify platform including adult content, or content related to alcohol, tobacco or firearms must employ RSVPify’s Age Gate feature and will be considered on a case-by-case basis for continued availability on the RSVPify platform.
RSVPify reserves the right to limit, prevent access to, remove, or permanently delete all Content. RSVPify may remove any Content without notice or explanation that it deems to be in violation of these Terms of Service, offensive, infringing, derogatory, or libelous.
Without limiting the foregoing responsibilities of the User, RSVPify may monitor use of the Website to determine compliance with this agreement. RSVPify may remove or refuse your Content for any reason.
FEES, PROMOTIONS, AND BILLING
Any and all fees collected by RSVPify are subject to change at any time at the sole discretion of RSVPify. Prior to implementing any changes to fee structure, RSVPify will make a reasonable effort to inform Users directly affected by the fee change.
From time to time, RSVPify may offer an incentive (“Promotion”) in the form of a monetary discount or other benefit to encourage Users to purchase an Upgraded Account for a certain duration (usually 12 months excluding any Promotion period). RSVPify reserves the right to create, cancel or otherwise alter an ongoing Promotion at any time. RSVPify may, at its sole discretion refuse to honor the terms of the Promotion to any individual or entity for any reason including but not limited to the suspicion of fraud. Already Upgraded Users are not entitled to receive the incentive(s) offered by a Promotion.
By providing payment information for your Upgraded Account subscription, you are agreeing to pay a non-refundable subscription fee, and any applicable taxes and service fees for your use of your Upgraded Account. The subscription fee will be charged to your credit card at the start of your subscription term, and automatically at the beginning of each subsequent renewal period unless you cancel your Upgraded Account subscription. The subscription fee charged to your credit card may vary from year-to-year due to changes in your subscription plan or applicable taxes, and you expressly authorize RSVPify to charge your credit card for this amount. All payments must be made in United States dollars. RSVPify reserves the right to seek payment for any fees owed, whether resulting from a chargeback or reversal from a User’s bank or credit card company, improper billing, fraudulent transaction, or any other case or scenario in which RSVPify is unable to collect fees due at the time of sale. Failure to remit fees owed can result in the suspension or termination of your account without notice.
While RSVPify will evaluate the request for a refund of any fees already paid on a case-by-case basis, RSVPify reserves the right to refuse any such refund for any reason. Please note that RSVPify will not provide refunds for subscription customers whose plan renews prior to the cancellation date. Please see our Refund Policy and Section CANCELLATION OF SUBSCRIPTION for further information.
COLLECTION OF PAYMENTS AND DONATIONS
RSVPify may provide integrations with third-party payment processing providers. By employing the Services including but not limited to ticketing, payment collection or donation systems, you agree to adhere to the terms and conditions of these third-party providers.
By collecting payments with RSVPify, you agree to hold RSVPify, its integration partners, payment processors and affiliates harmless from and against any lawsuit, claim, damage, liability, or expense.
It is your sole responsibility to abide by applicable tax, accounting and reporting laws in your country and region. RSVPify is not responsible or liable for failure to comply with local, state or federal laws applicable to you or your organization, and you should seek professional advice for your event, organization and or use case.
It is further your sole responsibility to provide adequate customer service and responsiveness to event customers (any user who has purchased a ticket or submitted a payment of any kind in relation to your event or RSVPify account). RSVPify is not liable or otherwise responsible for the management, resolution or granting of refunds, credit card disputes or credit card chargebacks associated with your event(s), account, action or inaction.
You acknowledge and agree that you will not attempt to circumnavigate, bypass or otherwise influence RSVPify fees associated with the collection of payments, gifts and donations. You may not include links to external registration or payment processors, or otherwise encourage event guests to submit registration information or payments external to RSVPify registration and payment systems.
AUTOMATIC RENEWAL OF UPGRADED ACCOUNT
Your Upgraded Account will renew automatically at the end of the current term. If you have provided a method of payment to us for the Services, we may charge you automatically at the end of the Promotion or for the renewal, unless you notify us that you want to cancel your subscription. The Upgraded Account subscription is effective from date of purchase and will automatically renew for a renewal term of the same duration unless you cancel prior to expiration of the subscription term or renewal term in progress. The renewal will be charged at the Upgraded Account price then in effect (not including any special offers that may be valid for new members or other specific groups), which may be higher than the price in effect during the previous term. You must cancel the Upgraded Account prior to its renewal date to avoid incurring further charges. Your credit card will be automatically charged unless you have notified RSVPify in accordance with Section CANCELLATION that you wish to cancel the Upgraded Account.
CANCELLATION OF SUBSCRIPTION
You may cancel your Upgraded Account during any free trial or complimentary offer without charge by logging into your Account and following these steps. If you cancel your Upgraded Account subscription, the cancellation will go into effect at the end of the trial or the then-current subscription term or renewal term. You will have continued access to your Upgraded Account subscription for the remainder of the applicable period, but you will not receive a refund, prorated or otherwise, of any subscription fees paid, unless otherwise stated in our Refund Policy. You must cancel your Upgraded Account subscription before it renews to avoid paying the subscription fee for the subscription term or renewal term, unless otherwise stated in our Refund Policy. RSVPify does not prorate any charged amounts upon termination or cancellation and does not refund any such amounts for any term already charged. You may immediately cancel your subscription to the Services by logging into your RSVPify account and completing and submitting a cancellation request. If you prefer to request a manual processing of your subscription cancelation request, you may complete this form.
To request cancelation of your subscription, you may also send a certified letter, return receipt requested, to RSVPify LLC, Attention: Cancellation, 4803 N Milwaukee Ave, Suite B #325, Chicago, IL 60630. To authorize cancelation, you must include the (1) email address associated with your account, (2) the last 4 digital of the credit card used for your subscription and (3) the billing address of the credit card. Cancelation requests without inclusion of these verification details will not be honored. Communications other than the foregoing, including notifying your credit card company or bank that you no longer wish to be a member, will not serve as valid means of cancellation.
All provisions of these Terms of Service which by their nature should survive cancellation of your account shall survive, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THIRD PARTY SERVICES
Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. RSVPify makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of RSVPify’s control, and RSVPify is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. RSVPify disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
RSVPify does not complete background checks on Users or make and representations about the location, safety, or quality of the Users or Services. RSVPify has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, RSVPify disclaims any warranty that:
- The Services will be uninterrupted or error-free, or that defects will be corrected;
- The Website and the server[s] that make[s] the Services available are free of viruses or other harmful components; or
- The Content is accurate, complete, or free of typographical errors.
The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by RSVPify, and you agree not to make any claim against RSVPify relating to the purchase of these products or services.
LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will the collective liability of RSVPify and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to RSVPify for the applicable Service in the last 12 months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
To the maximum extent permitted by law, you shall indemnify RSVPify, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, directors, from all third-party liabilities, claims, and expenses, including reasonable outside attorneys’ fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in this agreement. RSVPify reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
- Waiver and Severability. The failure of RSVPify to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with RSVPify’s prior express written consent. RSVPify may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.
You may contact RSVPify by email at [email protected] or by physical mail at:
May 19, 2020