Version 30/11/2024
Welcome to City Agenda!
We’re excited to have you on board, and we’re committed
to making your experience on our platform smooth, productive, and inspiring.
Our mission is to bring people together through event management experience,
offering tools to create, promote, and manage events, as well as to discover
new opportunities for connection and growth. City Agenda is designed for
business owners, entrepreneurs, professionals, and event enthusiasts who are
passionate about networking, learning, and collaborating.
These Terms of
Service outline the rules and regulations for the use of our website and
related services. By accessing or using City Agenda, whether as a guest or a
registered user, you agree to comply with and be bound by these terms, which,
together with our Privacy Policy, govern City Agenda’s relationship with you
concerning your use of our platform. We encourage you to read these terms
carefully to understand your rights and responsibilities when using our
services.
City Agenda
operates as a comprehensive event management platform that allows users to
create events, participate in activities, join event communities, and access
resources for professional and social gatherings. We strive to foster a dynamic
community that thrives on collaboration and active engagement, whether it’s for
networking events, seminars,
workshops, or industry
conferences. Our services
are tailored to meet the diverse
needs of our community, offering
features that enhance event organization, marketing,
and ticket sales.
As a user of
City Agenda, you are part of a vibrant network where ideas come to life and
connections flourish. We have established these terms to ensure a respectful,
transparent, and fair experience for everyone. These guidelines are designed to
protect your interests as well as those of other users, ensuring that City
Agenda remains a secure and enjoyable environment for all. Whether you’re
organizing a large-scale conference, promoting
a local workshop,
or simply browsing
for your next professional opportunity, City Agenda
provides the tools and support you to make your vision a reality.
Please note that
these terms may be updated from time to time to accommodate new features,
comply with legal standards, or enhance user safety. We are committed to keeping
you informed about any significant changes, and we recommend checking back
periodically for updates. By continuing to use City Agenda after any modifications, you accept and agree to be bound by the revised
terms.
We are dedicated
to fostering a community based on trust and mutual respect. Thank you for choosing
City Agenda as your event management platform, and we look forward
to helping you create impactful and memorable experiences.
We understand that you want your
events to be safe and successful, We hope the same for our platform
and you. We appreciate you being here. Because these Terms
of Service ("Terms")
provide crucial information regarding your legal rights, remedies, and
obligations, please read them carefully. Your use of City Agenda's website,
applications, and any related services (collectively, the "Service")
is governed by these Terms of Service. You consent to abide by and be bound by
these Terms by accessing or using the Service. They describe your rights,
obligations, and responsibilities when dealing with City Agenda,
so please read them
carefully.
If you do not agree
to these Terms,
please refrain from using the Service. We may
modify these Terms at any time, and your continued use of the Service will
signify your acceptance of any changes. Always review these Terms periodically
to stay informed.
By accessing or using City Agenda's
services, you are entering into a legally
binding agreement with us that regulates our services and your use of them.
You also agree to the terms and conditions of
these terms, which include our privacy policy, and all other terms, policies,
and agreements mentioned throughout these terms, without modification. If you
disagree with the terms and conditions of these Terms, do not access or use the
Services.
If you will be
using the Services on behalf of an entity (such as on behalf of your employer),
you agree to these Terms on behalf of that entity and its Affiliates and you represent
that you have the authority
to do so. In that case, "you" and "your" will refer to that entity as well as
yourself.
1.
Accepting These Terms
1.1 Who is who
To assist you understand these terms, below are some definitions.
1. “Consumers” means consumers using our Services
for any reason, including to consume information and/or attend events.
2. "Organizer" means
an event creator
using our Services
to create events
for Consumers.
3.
“Services” include the City Agenda
and the Organizer Services
4. Organizers, Consumers, and third parties
accessing or using our Services
are all referred to in these Terms collectively as "Users,"
"you," or "your."
5. When these
Terms use "City Agenda," "we," "us," or "our," that refers to City
Agenda.
2.
City Agenda's Services
2.1 What we do.
We operate
the City Agenda
Platform as an intermediary platform
on which activities, (events) are offered online
by a variety of providers. The Activities
include, for example, guided tours, cooking classes, sightseeing tours by bus,
boat trips, tickets
for
sightseeing, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content
for its own Activities originate
from the respective Suppliers. We therefore have no direct
influence on such content.
We offer an event management and growth platform that promotes
relationships and success between event planners and participants. In addition
to selling tickets and offering a variety of marketing tools, our services
enable event planners to plan, advertise, and manage events both in-person and
online.
City Agenda is an innovative event
management platform designed
to simplify and enhance the way people organize and
experience events. Our core mission is to connect individuals, businesses, and
organizations through a comprehensive and user-friendly system that facilitates
event creation, promotion, and participation.
City Agenda provides the tools
necessary for event organizers to plan and execute their events effectively.
Our platform supports a wide range of events, including professional
conferences, business networking gatherings, workshops, seminars, and industry
expos. Organizers can easily set up events by specifying important details such as event name, location, date, time, and agenda. Organizers can create event
pages tailored to their needs, complete with branding, images, and detailed
descriptions. This ensures that each event stands out and attracts the right audience.
City Agenda fosters a strong sense of community among
professionals and eventgoers. Our platform
allows attendees to connect, network,
and engage with one
another, creating meaningful relationships that extend
beyond the event
itself. This is especially valuable for business
owners, entrepreneurs, and professionals seeking
to expand their networks.
City Agenda serves as a one-stop
destination to discover professional and social gatherings that align with their interests. Users can browse a wide range of events by category, location, or date, making it
easy to find opportunities for personal and professional development.
By combining robust event management tools with innovative
community features, City Agenda it’s a dynamic
ecosystem for connection, growth, Our aim is to empower
everyone involved in the event process, from organizers to attendees, ensuring
that every event is as impactful as possible.
2.2 What is our Role?
We are not the owners, creators,
or organizers of the events that are featured on the
Services, nor are we the ones that sell registrations, tickets, or any other
goods on the Services. Rather, we offer our services, which enable organizers
to advertise their events and handle registration and ticketing.
The organizer is solely in charge
of making sure that the event and any page that displays it conforms with all
applicable laws, rules, and regulations. They are also responsible for making sure that the goods and services listed on the event page are
delivered accurately, satisfactorily, and as described.
City Agenda fits into the event management and professional networking landscape as a comprehensive and modern platform that caters to
the needs of business owners, entrepreneurs, event organizers, and professionals seeking
to connect and grow.
City Agenda
serves as the bridge that connects event
organizers with their
audience. We simplify the event management process by offering a
user-friendly interface that allows organizers to set up events effortlessly
while giving attendees an easy way to discover and participate in meaningful
gatherings. This dual-purpose functionality creates a well-rounded experience
for all users. Our focus is on the professional community, which means we are
dedicated to fostering opportunities for learning, collaboration, and growth.
3.
Privacy and user Information
3.1 Privacy Policy.
All your data collected through
City Agenda is provided by you, and available to the public on your personal
profile page on City Agenda, except your registered email and password. You have full control over your data, you can edit or delete your data at any time and you have full responsibility to provide
truth accurate data. All your personal data collected through City Agenda
Platform is processed by City Agenda as a data controller, in accordance with
relevant data protection laws including the General Data Protection Regulation
(GDPR) for users in the European Economic Area (EEA) and comparable global
privacy standards and for the purposes described in the Privacy Policy. City
Agenda shares your personal data with third parties such as the organizers, marketing
service providers, to perform services or promote events you are interested in.
For example, your data may be shared with the
event organizer to facilitate
your participation to the extent it is necessary for the performance
of the Service Agreement between you and organizer or when necessary to comply with a legal obligation and for other purposes legally
allowed. if you register for an Organizers are independent data
controllers and bear the sole responsibility
of processing your personal data. Our Privacy Policy provides
detailed information on how your data is collected, used, stored, and
shared. You will find detailed information on how to exercise your data
protection rights in the Privacy Policy. By using City Agenda, you consent to
the collection, use, and processing of your personal data as described in our
Privacy Policy.
3.2 User Information
When handling
consumer information, we expect you to abide by the regulations. Regarding
information you collect from (or receive about) consumers or other individuals,
if you are an Organizer, you will always abide by all applicable local, state, provincial, federal, and other
laws, rules, and regulations. You will also always
abide by any applicable policies that we may post on the Services regarding
information you collect from (or receive about) consumers.
4. Registration and City Agenda
account
When you create an account with us or use our Services, you must provide
us with accurate information
and follow these rules. We may require you to create an account to access
certain features or functions of the Services. You agree to the following:
4.1. The
"Registration Data" that you submit must be true, up-to-date, and
comprehensive information about
you or, if you are using the Services on behalf
of an entity, that entity.
In the event that this registration data changes, you must
also update it.
4.2. If you are using the Services
on behalf of a business
or other organisation, you guarantee that you are able to legally
bind that organisation and give us all
of the permissions and licenses specified in these Terms.
4.3. If your
password or account is used without authorization, or if there is any other security
breach, you will notify us. Any activity
that takes place
under your account is your
responsibility.
4.4. In order to create
an account “City
Agenda account” you must enter
your full legal name and
email address in the registration form on the City Agenda Platform and may set
a password. You must keep this data secret so that no third party has access to
your account.
4.5. We will be
the only arbiter in any dispute over account ownership involving two or more people or entities,
and our ruling—which may involve
suspending or terminating the
account—will be final and enforceable.
5.
Termination
5.1. Your access to our services may be terminated by us.
1. We may suspend or terminate your right to use the Services at any time, including
if:
A. You violate these terms or any other agreement you have with us, or if you don't
make payments when they're due.
B. If you as organizer fail ensuring that the goods
and services described on the
event page are delivered as described and in an accurate, satisfactory manner.
C. You
participate in any activities on or off the City Agenda that endanger our
community's safety, compromise the integrity of the City Agenda, or disrupt our community's or the City Agenda's
experience; or
D. We would be held legally liable if we permitted you to use and use the Services
in a way that would contravene any applicable local, state, provincial,
federal, or other laws, rules, and regulations, or court orders.
E. We receive
complains from consumers about some organizers, or services listed in City Agenda platform.
F. You as organizer fail ensuring that your event and any page displaying an event complies
with any applicable laws, rules, and regulations,
G. You use the services
in ways that are not authorized or intended by us, or you
misuse or abuse them.
H. You use the services
for organizing immoral
activities, or events
that is harmful
for people.
2. At any
moment, we may decide to stop providing the Services, or any specific component
of the Services, or to change or replace any part of the Services with or
without a notice. If we think that failing to notify you of our decision to terminate your access to the Services would
materially prejudice you, we shall make a good faith effort to do so. You
acknowledge that if we terminate your permission to use or otherwise access the
Services, we will not be held accountable to you or any third party.
5.2 Deleting Your Account.
You may delete
your account to stop using the Services and the Terms' broad application,
unless expressly specified in a separate signed agreement between you and us or
another Affiliated Agreement. The only way to make these Terms no longer
apply if you are a consumer using the Services
without a City Agenda account is to cease using the Services
permanently. These Terms are still in force as long as you keep using the
Services, even if you don't have an account. These Terms (as unaltered by such
an agreement) shall control your use
of the Services following any termination or expiration of any separate
agreement between you and us that governs your use of the Services.
We sincerely
hope you will want to keep using our services,
but if not, please see this paragraph.
5.3 Certain provisions will always remain applicable to both you and us.
These Terms
shall survive (i.e., continue to apply to you)
all provisions that by their
very nature should survive termination of these Terms, such as all limitations
on liability, releases, indemnity obligations, disclaimers of warranties,
agreements to arbitrate, choices of law and judicial forum,
and intellectual property
protections and licenses.
6.
Permit to the City Agenda
Services
6.1 Permit to Services.
Your use of our services
is limited to what we permit
you
6.1.1. We grant
you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services.
6.1.2. A. search for, view, register for, or buy tickets or registrations for an event that
is posted on the Services, B. construct websites for event registration,
organizer profiles, and other marketing, management, tracking, and revenue
collection for an event.
6.1.3. These Terms
and all applicable local, state, provincial, federal, and other laws, rules,
and regulations must be followed when using the Services. Additionally, if you use any search
features or address
auto-population tools, you
are subject to the Google
Maps/Google Earth Additional Terms of Service
(including the Google Privacy Policy).
6.2
Restrictions.
You can’t copy,
sell, or use our Services in a way that is damaging to City Agenda. You agree
that, in addition
to any other limitations, restrictions, and prohibitions that we may impose (either in these Terms
or elsewhere), you will not:
6.2.1. Any portion
of the Services may be copied, altered,
reproduced, translated,
localized, portable, or otherwise created as a derivative.
6.2.2. Try to find
the source code or the structure, order, and organization of all or any portion
of the Services by reverse
engineering, disassembling, decompiling, or in some other
way.
6.2.3. Use the Services for any other commercial purpose
not specifically intended, rent, lease, resell, distribute, or otherwise abuse the Services
without authorization.
6.2.4.
take away or modify any proprietary notices
on the Services; or
6.2.5.
take part in any action
that causes disruptions or interferes with the Services.
6.2.6. You can’t
use our content for your own purposes. You have no right to use, and you agree not to use, any Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or
employ any automated means to extract data from the Sites.
6.3
Ownership.
Our property is our property
You acknowledge that any content
on this website may be covered by trade secrets, copyrights, trademarks, service
marks, and other proprietary rights and laws. The
Site Content may belong to us, or we may have agreements with third parties
that allow us to display site Content. Site Content that is included
in or made available
through the Services is our
exclusive property and is protected
by copyright laws. You agree to use the Site Content only for purposes that are
permitted by these Terms and any applicable local, state, provincial, national,
or other law, rule, or regulation. Any
rights not expressly granted in these Terms are reserved.
6.4
Trademarks.
You can’t use trademarks that aren’t yours unless we say so.
6.4.1. City Agenda's registered and
unregistered trademarks and service marks include the logos, trademarks, and
service marks (collectively, the "City Agenda Trademarks") that are
used and displayed in connection with the Services. Third-party trademarks or
service marks (collectively, the "Third Party Trademarks," and, in
conjunction with City Agenda Trademarks, the "Trademarks") may be
used in connection with the Services. By implication, estoppel, or otherwise, your permit to use the Services does not grant you the right to use any trademark shown in
connection with the Services without our express written authorization for such
use.
6.4.2.
You must not use the trademarks in a way that could harm the reputation
of the trademarks or to disparage us, any third party, or the goods or services
of either party. You are not permitted to use any trademarks in links to
or from websites unless we have given our prior written approval for each link.
City Agenda will benefit from any goodwill created by the use of any City
Agenda trademark. The Services are covered by a few issued and pending patents.
Copyrights that belong to us or third parties may also protect the content on
this website. Please be aware that you are infringing upon these copyrights and
patents if you duplicate any part of the Services.
6.5
Sub-Domains.
Any sub-domains connected
to our website will be owned by us.
For one or more of Your City
Agenda Events, we might grant you permission to use a subdomain on the Site (for example, [sub-domain prefix].
cityagenda.com). We retain complete ownership of all such sub-domains and retain the right to decide how they look, feel, work, and function,
among other things. Your usage of a subdomain that we grant you will only be
permitted as long as you are actively selling tickets for Your City Agenda
Events on the Services and as long as you are abiding by the Terms. We will
give you a new subdomain if we take away your permission to use a subdomain for
any other reason
7.
Release and Indemnification
7.1 Release.
You agree not to bring us into any disputes you have with other parties
1. By agreeing to these
terms, you release
us (as well as our affiliates and
subsidiaries, and each of our and
their individual officers, directors, agents, co- branders, licensors, payment
processing partners, vendors, other partners, independent contractors, and employees, the "City Agenda
Released Parties") from any
and all losses, damages, liabilities, costs, and expenses
of any kind and nature, whether known or unknown, that arise from a dispute
between you and a third party (including other Users) in
connection with but not limited to any of the following:
A. the Services
or any event, including Your City Agenda Events, that is listed on the Services.
B. your license
(as described below),
any inability to get or keep a license, or any
mistakes made in doing so.
C. any feedback you provide
or receive (described below); or
D. Your trademarks or content.
2. You also waive any applicable laws or statutes
that state, in essence: "A
general release does not extend to claims which the releasing party does
not know or suspect to exist in his favour at the time of executing the
release, which he knows must have materially affected his settlement with the
released party."
7.2 Indemnification.
You shall fully
indemnify us for all damages, costs and expenses (including reasonable legal defense costs)
incurred by us, our agents,
or partners as a result of:
A. your intentional or negligent misrepresentation, act, or omission
in connection with your use of the City Agenda
Platform;
B. your intentional or negligent non-compliance with the City Agenda Terms of
Service; or
C. claims asserted
by third parties
arising out of or in connection with your access to
or use of the City Agenda Platform that intentionally or negligently violates
these terms of service
You agree to have our back if a third party comes after us because
of something you did or failed to do. In the event
that any third party (each a "Claim") makes a claim, demand, suit,
proceeding (whether before an arbitrator, court, mediator, or otherwise), or
investigation, you agree to defend, indemnify, and hold harmless the City
Agenda Released Parties from any and all damage (whether direct, indirect,
incidental, consequential, or otherwise), loss, liability, cost, and expense
(including reasonable attorneys' and accounting fees) resulting from:
A. your violation of these Terms
(as well as any agreements, rules, or terms
included herein);
B. your improper use of the Services.
C. Your license,
any inability to get or keep a license, or any mistakes
made in acquiring or keeping a
license.
D. Any feedback you provide
or get.
E. your violation
of the rights of any third party or any relevant local,
state, provincial, federal, or
other laws, rules, or regulations.
F. our tax collection and payment; and
G. if you are
an Organizer, Your City Agenda Events (including where we have provided
Services with respect to those events) and Your Content and Your Trademarks, provided
that in the case of this indemnification will not apply
to the extent that the Claim
arises out of City Agenda's gross negligence or wilful misconduct.
We will notify
you of any such claim, but if we fail to notify you or take too long to do so,
it won't affect your obligation to be compensated, unless it materially
prejudices you. Additionally, we might decide
to manage the claim ourselves in some situations, in which case you consent to
assist us in any manner we ask.
8.
Fees
Creating an account is free. However,
we charge fees for paid events these
fees may vary based on individual agreements between us and certain
Organizers.
CityAgenda charges
a service fee of 5% of the total ticket price. This fee is borne by the consumer purchasing the ticket and
is exclusive of any additional transaction costs or charges levied by third
parties. The 5% service fee does not include any fees associated with payment
processing or other external service providers, which may be applied
separately.
9.
You assume all risks and disclaim any warranties.
9.1 Although we work hard to deliver
services the way users desire
them, there are some things we simply cannot
guarantee.
1. The Services
(including the Beta Services, which
are described below)
are offered "as is"
and "as available" to the degree permitted by applicable laws. All
stated and implied guarantees, including implied warranties of merchantability,
title, non- infringement, and fitness for a particular purpose, are specifically
disclaimed by City Agenda. For instance, we do not guarantee that:
A. the Services
(or any portion
of the Services) will meet your requirements or expectations.
B.
the Services will be uninterrupted, timely, secure, or error-free; or
C. the results
that may be obtained from the use of the Services will be accurate
or reliable.
2. We have no
control over and do not guarantee the (i) quality, safety, success, accuracy,
or legality of any event or Site Content associated with an event, (ii)
accuracy of any information provided
by Users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any User to complete a
transaction.
3. We are not
liable for the intentional or negligent misrepresentation, act or omissions of
any third parties, including organizers, and third parties that help us provide the Services, that an Organizer
chooses to assist with an event, or that you choose to use or contract with when
using the Services.
9.2
Risk Assumption.
Participating
in certain events may entail inherent hazards, which you knowingly accept by doing so. For instance,
by deciding to engage in certain events,
you freely, wilfully and
voluntarily accept the risk of illness, physical harm, disability, or death.
You have to accept the dangers
that come with going to live events.
9.3 City Agenda-Hosted Events.
The majority of events on our platform are not organized
by City Agenda; yet, you accept all risks if and when you
attend one.
When you attend an event hosted by us, you waive any and all claims
and causes of action against the City Agenda
Released Parties, the event producers and presenters, and their insurers, for
liability, including for personal injury, property damage or wrongful death in
connection with your attendance of the event.
9.4 Beta Services.
There may occasionally be a chance for you to test out certain
beta services.
As part of an early-release,
early-access program (collectively, the "Beta Services"), we may
occasionally make certain beta and other pre-release software, services,
equipment, and related documentation, materials, and information available to
you for your voluntary use. This is done so that we can collect
information, and users can
give us feedback on the usability and quality of the Beta Services. The Beta Services might not perform as well as a
commercially available product offering, and they might not function properly
and might undergo significant changes, including deprecation, both during and
after the time frame during which you can use them.
9.5 Application of Disclaimers.
As long as the disclaimers are permitted by law, they will be in effect.
To the greatest
extent allowed by law, the
disclaimers in these terms are
applicable. Any guarantees that are mandated
by the relevant legislation will be restricted to the shortest
period permitted.
10. Limitation of Liability
10.1 City Agenda Liability.
In order to provide
our Services on a large scale, we have to limit our liability
to you.
The City Agenda Released
Parties shall not be held accountable to you or any third party, to the extent allowed by
relevant legislation, for:
10.1.1. Any indirect, incidental, special,
consequential, punitive or exemplary damages, including damages for loss of
profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services
(even if we have been advised
of the possibility of such damages);
10.1.2. User Misconduct: We are not
responsible for actions taken by other users,
including organizers or attendees. Any disputes between
users should be resolved
directly between consumers and organizers
10.1.3. Force
Majeure Events: City Agenda is not liable for disruptions caused by events beyond our reasonable control, including but
not limited to:
10.1.3.1. Natural disasters (e.g., earthquakes, floods,
hurricanes).
10.1.3.2.
Government actions or orders (e.g.,
restrictions due to pandemics or other
emergencies).
10.1.3.3. Power outages or failures
in telecommunications networks.
10.1.3.4. Strikes, labour
disputes, or acts of war or terrorism.
10.1.4.
any Feedback that you give or receive.
10.1.5.
Your Content or Your Trademarks.
10.1.6. Event Cancellations or Changes: We are
not liable for refunds, damages, or other issues arising
from an event being cancelled, postponed, or altered by the organizer.
10.1.7. Ticket Resale or Fraud: City Agenda
does not oversee or verify the resale of tickets
outside our platform. Consumers who purchase
tickets from unofficial
sources do so at their own risk, and City Agenda bears no liability for
counterfeit or invalid tickets.
10.1.8. Event
Content and Delivery:
The organizer is solely responsible for ensuring the accuracy of event descriptions, content, and
delivery. City Agenda does not
guarantee the quality, safety,
legality, or success of any event listed on the platform.
10.1.9.
In addition,
other than our obligation to pay out Event Proceeds in certain circumstances to certain Organizers, and only in accordance with those terms,
the City Agenda Released Parties’ maximum aggregate liability is limited
to the following:
A. For Organizers of events on our Site with paid tickets:
i. The City Agenda
Fees (net of any City Agenda Payment
Processing Fees) that the
Organizer paid us in the three (3) month period immediately preceding the
circumstances giving rise to their claim; or
B.
For other Users:
10.2
Compliance of Terms.
All of our Terms are meant to comply with the law.
responsibility for loss or damage resulting
from wilful conduct, negligence, breach of contract or
implied terms, incidental or consequential damages, or the exclusion of certain warranties or limitations on responsibility are prohibited in some jurisdictions. Our liability is limited to
the greatest degree allowed by law, and you will only be subject to those
liabilities and other restrictions that are allowed in your country (if any).
11. Binding arbitration and class action
waiver provisions
Any disagreement
or claim arising under these conditions or pertaining to the services will take
place individually and exclusively through binding arbitration or small claims
court, if applicable. You acknowledge that class, consolidated (except from the
few situations listed below), or representative arbitrations and civil actions
are not allowed, and that each party waives the right to pursue such
proceedings. The parties understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to
discovery may be more limited in arbitration than in court.
11.1
Customer Support.
Contact us first if you have an issue with our Services.
You commit to contacting us first
before bringing any legal action if you have any questions or concerns regarding
the Services. Our customer service
representatives will make an effort to address any query or issue.
11.2
Arbitration Process.
If a dispute
can’t be resolved
between us, it must be resolved through arbitration.
In the unlikely
event that our customer service representatives are unable to address
your concerns, you and we both agree that, rather than going to general
jurisdiction courts, any disputes or claims arising under or related to these
Terms, your use of the Services, or your relationship with us will be settled
through binding arbitration or, if applicable, small claims court. To the extent that the
claims justify it, the arbitrator
will have the
power to grant all possible remedy in court, as will be outlined below. Every arbitration and small claims procedure will only be handled individually. In any case, neither
you nor us may attempt to settle a disagreement with the other Very little
review is done on binding arbitration. Any disagreement pertaining to this
Section, including disagreements over the extent, enforceability, and
arbitrability of these Terms, may only be settled by the designated arbitrator,
not by a court. This arbitration clause will remain in effect even after these
terms and any other agreements you and we have shall expire.
11.3
Applicability.
Our agreement to arbitrate applies
to almost all claims.
11.3.1.All legal issues between you
and us are subject to this agreement to arbitrate. It covers, among other
things: (i) any claims pertaining to any part of your relationship with us,
whether they are founded in a statute, contract, tort, fraud,
misrepresentation, or any other legal theory; (ii) any claims that existed
prior to this or any previous agreement (including claims pertaining to
advertising); and (iii) any claims that might surface following the termination of these Terms
and/or your use of the Services.
11.3.2.
Despite this arbitration agreement, you or we may decide to bring:
A. an individual small claims
court case (to the extent that the relevant claim qualifies); or B. enforcement
actions, validity determinations, or claims pertaining to intellectual property
infringement, theft, or unauthorized use. To safeguard your or our intellectual
property rights, contact the Patent
or Trademark Office.
"Intellectual property rights" do not include rights
to privacy or publicity, but rather include patents, copyrights, trade secrets,
trademarks, and moral rights.
11.4
Class Actions.
We both agree to
not bring a class action.
In any purported class,
consolidated, or representative proceeding,
you and the City Agenda agree that each party may only bring claims
against the other in your or its individual capacity, not as a plaintiff or
class member. No more than one person's claims may be combined, and the
arbitrator is not permitted to preside over any kind of class, combined, or representative proceeding. In favor
of the party seeking such relief, the arbitrator may (if warranted) grant all
of the same relief that would be available in court,
including public injunctive relief, but only to the extent permitted by law and guaranteed by the party's claims.
You and we
each acknowledge that different arbitrations may present overlapping factual or
legal issues. As such, to the fullest allowable extent. you and we each agree that in the event one of you or us initiates an arbitration against
the other and we determine, in our sole discretion,
that such arbitration presents one or more
questions of fact or law that are also at issue in a pending arbitration between us and a third party (a “Similar
Arbitration”), the arbitration involving you will, at our request, be assigned
to the same arbitrator presiding over the Similar Arbitration and/or be paused
until the Similar Arbitration is resolved. Any rulings in any Similar
Arbitration will not be binding in the arbitration involving you.
11.5
Notice.
Notice must be given when one of us intends to seek arbitration. A party who intends to seek arbitration must first
send to the other a written Notice of Dispute ("Dispute Notice"). The
Dispute Notice to City Agenda must be addressed to the following address
("Notice Address") and must be sent by certified mail: City Agenda,
Inc.
Rijswijkseweg
340 37. The Hague. Netherlands. Dispute Notices to you will be addressed to a
mailing, home, or payment address currently on record with City Agenda and must
be sent by certified mail. If we have no records of a physical address, our
Dispute Notice may be delivered to your City Agenda account email address. The Dispute Notice
must (i) describe
the nature and basis of the claim or
dispute; and (ii) set forth the specific relief sought. If City Agenda and you
do not reach an agreement to resolve the claim within sixty (60) calendar days
after the Dispute Notice is sent, you or City Agenda may commence an
arbitration proceeding.
11.6
Your Right to not participate
If you want to
opt out of our agreement to arbitrate, you must notify us in time. You have the
right to opt out and not be bound by the arbitration or class action waiver
provisions set forth above in this Section by sending (from the email address
we associate with you as a User) written notice of your decision to opt-out to legal@cityagenda.com The notice must be sent within thirty (30) days of
your first use of the Services or your agreement to these Terms (whichever is
later); otherwise, you will be bound to arbitrate disputes in accordance with the
terms of these provisions. Note that if you opt out of these arbitration provisions, City Agenda also will not be bound by them.
12. Organizers Need to Get the Right Licenses and Permits
All necessary licenses, permissions, and authorizations must be obtained
by the event organizers.
If you are an organizer, you guarantee and represent to us, in addition to your other promises and guarantees:
12.1.
You will acquire all necessary licenses, permits, and authorizations
(collectively and individually referred to as "Licensure") for Your
City Agenda Events prior
to beginning ticket
sales. permissions from the state, county, city, or other local
authorities, traffic engineering permissions, fire department inspection
reports, fire marshal permits, permission to accept
minors, sanitary authorization, and property operating
permits are all included in the license.
12.2.
You shall abide by all applicable laws, rules, ordinances, and
regulations, and you will make sure that the locations for Your City Agenda Events do the same.
12.3. You will continue to hold
the relevant license to advertise, create, sponsor, host, and sell tickets for all Your City Agenda
Events while using the services; and 3. You will
present proof of license and associated documentation before allowing tickets
or registrations for Your City Agenda Events,
as well as as soon as we reasonably request it from time
to time.
13. Export Controls
As an international organization
with our headquarters in the Netherlands, we are bound by and obliged
to follow all applicable export
controls, laws and regulations.
You should be mindful of these restrictions regardless of where you live or
where you host events on the Services ("Your City Agenda Events").
You consistently Guarantee and affirm that:
1. your usage of the Services will always adhere
to any relevant Trade Controls; and
2. you are not an individual or organization that:
A. is subject to the following
restrictions under relevant
trade controls: You are not a
person or business that:
i. is listed on, or 50% or more owned or controlled by one or more persons
or entities listed on, an
applicable list of restricted or denied persons maintained by Trade Controls
authorities,
3. In addition
to refraining from using the Services in any way that might put City Agenda in violation of any applicable trade controls, you will not use the Services in conjunction with any direct or indirect
actions or dealings with or involving any Restricted Area or Restricted Party.
14
Refund policies
City Agenda
aims to provide
a fair and transparent refund
policy for all users. The following outlines how refunds are
handled for cancelled events and consumer cancellations:
14.1
Event Cancellations by Organizers
14.1.1 If an event is cancelled by the organizer, consumers who have purchased
tickets are entitled to a full refund of the ticket price, minus payment
processing fees. These fees, which are charged by third-party payment
processors (e.g.,
Stripe, PayPal, or iDEAL), will not be refunded, as they are non-recoverable.
14.1.2
Organizers are responsible for informing consumers of event cancellations
promptly and ensuring that refunds are initiated in compliance with this policy.
14.2
Cancellations
by Consumers
If a consumer
cancels their participation in an event, they may request a refund in
accordance with the organizer’s stated refund policy. Refunds for cancellations made at least
24 hours prior to the scheduled event
start time will be processed
as follows:
14.2.1 Consumers will receive a refund of the ticket
price, minus payment
processing fees, which are non-recoverable.
14.2.2 Cancellations
made less than 24 hours before the event start time may not be eligible for a refund
unless explicitly permitted by the organizer’s refund policy.
14.3
General Refund Conditions
14.3.1 In general
consumers can cancel joining the event anytime 24 hours prior to the event
starting time however, Certain events may have a “non-refundable” policy, as explicitly stated on the event page. In such cases, no refunds will be
issued for consumer cancellations.
14.3.2 If a refund is issued for a ticket,
the consumer must discard the ticket and is
prohibited from using it to attend the event. Using a refunded ticket will be
considered fraudulent activity.
14.3.3 Organizers are responsible for validating tickets
at the event and ensuring
that only valid, non-refunded tickets are accepted.
14.3.4 If you are
a Consumer and you receive a refund for your ticket, you will discard the ticket and will not use it (or any copy of it) to attend the event.
Violation of this is fraud.
14.3.5 If you are event organizer, you agree that if you cancel your event at any time, all consumers who previously
purchased the tickets must be refunded.
14.3.6
Payment processing fees are non-refundable of all events
to all users.
14.4 Additional Costs
City Agenda is not responsible for any additional costs or damages
incurred due to event
cancellations or consumer
cancellations. These include
but are not limited to travel expenses, accommodation costs,
or fees charged by third-party platforms.
14.5 City Agenda’s
Role
As an intermediary platform, City Agenda facilitates the refund process
but does not bear liability for the organizer's
failure to comply with their refund obligations.
Consumers are encouraged to review the organizer’s refund
policy before purchasing
tickets.
14.6 Force Majeure
Refunds may not be guaranteed for cancellations due to force majeure events (e.g.,
natural disasters, government orders). In such cases, refunds will be subject
to the organizer's discretion.
15
Your Content and Your Trademarks
We are permitted to utilize your trademarks and
content.
15.1.
You hereby grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, transferable, sublicensable right and license
to access, use, reproduce,
transmit, adapt, modify, perform, display, distribute, translate, publish, and
create derivative works based on:
15.1.1.
The entirety or a portion
of your content may be used in any media to run the
services (including our marketing and promotion services, which might involve
advertising you and Your City Agenda Events on a third-party website or in
other media, such as our social media accounts and event distribution
providers);
15.1.2.
City Agenda’s internal
purposes (such as employee or shareholder
communications); and
15.1.3.
When you give your permission, for the purposes
of promoting City Agenda
or our Services; and
15.1.4.
Your Trademarks in connection with our use of Your Content; and
15.1.5.
for the purpose
of identifying, you as an existing
or past customer
of City Agenda both on the
Services and in marketing, advertising and promotional materials.
These permissions are necessary
to give you the Services and support Your City Agenda Events, we do not claim ownership of your content
or trademarks. Examine the following instances: We may
use information from one of Your City Agenda Events in a blog post, case study,
or shareholder letter to highlight the impact Your City Agenda Events has made.
If you submit your logo or other images related to one of Your City Agenda Events,
we may display them on our website
and resize or improve them to look good on our
applications. You can also use them with our marketing tools to help you
promote Your City Agenda Events.
15.2.
You hereby waive any and all moral rights in connection with our use of Your Content in accordance with the licenses
in this Section. Aside from these licenses, we do not claim, and you do not
transfer, any ownership rights in any of Your
Content or Your Trademarks and nothing in these Terms will restrict any rights that you may have to use and exploit
Your Content and Your Trademarks outside of the Services.
15.3.
You represent that you are able to grant us the rights
described above. You represent and warrant
that you have all the rights, power and authority necessary to grant
the foregoing license, and that all Your Content and Your Trademarks:
15.3.1.
Do not violate these Terms.
15.3.2. Refrain from violating, misappropriating, or otherwise interfering with any third party's rights.
15.3.3. Abide by all applicable laws, rules, and regulations at the
municipal, state, provincial, and federal levels; and
15.4 Content Rules and Guidelines.
Your content needs to
abide by our policies and procedures. Your content needs to be truthful and accurate. If we
think that Your Content or Your City Agenda Events are in violation of these
Terms, our Community Guidelines, or for any other reason, we have the right
to remove Your Content from the Services. We can not guarantee
your exclusivity as an Organizer in any category, and your material and Your
Trademarks may appear on the Services within close proximity to any Site
Content or any third-party material, including content that is significantly
similar to or competes with yours. The Services are offered on a nonexclusive
basis, without restricting the generality of the aforementioned. We might keep
your registration information, trademarks, content, and any other information
connected to your Trademarks, Registrations Data, and all other data associated
with your account account if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
A. conforms with the law.
B. Address allegations that any of your trademarks or content infringe
upon other parties' rights.
C.
administer or enforce
these terms; and/or
D.
safeguard our users',
our own, and the public's
rights, property, and/or personal safety, including
preventing fraud.
You are aware that technical processing and transmission of the Services, including Your Content and Your Trademarks, may require transfers across several networks and/or modifications to meet the technical specifications of networks or devices that connect to them.
16.
Entire Agreement and assignment
Unless we also enter
into a separate written agreement, these Terms constitute our complete relationship with you.
With the exception of any written
agreement for services
between you and us
pertaining to a specific
event or events,
these Terms constitute the whole agreement between you and us and govern
your use of the Services. They supersede any previous or contemporaneous
agreements, proposals, discussions, or communications between you and City
Agenda on the subject matter of these Terms.
Unless we also enter
into a separate written agreement, these Terms constitute our complete relationship with you.
With the exception of any
written agreement for services between you and us pertaining to a specific
event or events,
these Terms constitute the whole agreement
between you and us and govern your use of the Services. They supersede any
previous or contemporaneous agreements, proposals, discussions, or
communications between you and City Agenda on the subject matter of these Terms.
17. Modifications to the Terms or Services
18.1.
We retain the right to make changes
to these Terms,
including the privacy statement (collectively,
"Modifications"). We will notify you using one or more of the
following channels if we think any changes are significant:
18.1.1 using the Services to post the modifications.
18.1.2
changing the date that reads
"Updated" at the top of this page.
18.1.3
notifying you via email or message of the changes.
18.2.
Modifications that are material will be effective
thirty (45) days following the "Updated" date,
unless a different date is communicated in our notice to you. All other Modifications
will be effective immediately.
18.3.
You are responsible for reviewing any Modifications.
Your continued use of the Services after any Modification will be considered
your acceptance of that Modification and the updated Terms. In certain
circumstances, we may seek a Modification to these Terms that will only apply
to you. This type of Modification must be in writing and signed by both parties
(you and City Agenda).
18.4.
We are
constantly evolving our products and services to better meet the needs of our
Users. Because of this, we cannot
guarantee the availability of certain product
features or functionality. We reserve the right to modify,
replace, or discontinue any part of the Services or the entire Services at any
time and for any reason.
18. Protecting Children’s Privacy
City Agenda does not knowingly collect
personal information from children under 13.
If we become aware that we have inadvertently collected such information, we
will promptly delete it. Parents or guardians who believe their child may have
submitted personal information without consent should contact us at legal@cityagenda.com. If family-friendly
events are created, parental oversight and consent are required for
registration and participation.
19. Additional Provisions
It will not be a waiver of our
right to later enforce that or any other element of these Terms if we choose
not to enforce any of them. The exercise of any of our remedies under these
terms will not prevent us from exercising our other remedies under these terms or elsewhere, unless
specifically stated in these terms. Oral waivers, changes, or revisions to these terms
will not take effect. The remaining parts
of these Terms will remain
fully enforceable, and any provision that is determined to be unenforceable
will be restricted to the bare minimum required.
Terms remain in
full force and effect. Section titles
and subtitles in these Terms. City
Agenda may, but is not required to, exercise the relevant rights or options
or take the relevant action, as we determine in our sole discretion, where
we state that we "may" or "have the right,
are permitted, authorized, or allowed to do something in these Terms. We
reserve the right to make any judgments, choices, or opinions under these Terms
at our own discretion. "Including" means "including, but not limited
to" in the context of
these Terms. When one of these terms states that you "will" do
something, it indicates that you agree to do it and that you have to do it. Any
obligations, liabilities, warranties, representations, releases, and waivers
that you make within these Terms also apply to your Affiliates. These Terms do
not establish any agency, partnership, joint venture, independent contractor, or other arrangement
of that kind. Any of our rights and responsibilities under these terms may be
freely assigned. Any third-party websites or content you visit are not our
responsibility.
Links to other websites
or resources on the Internet
may be provided by the Services
or Users. You acknowledge that we are not liable for the availability of such websites or resources
since we have no control
over them. Even if such websites or resources
are linked to our partners
or third-party service
providers, we do not endorse,
control, or bear any liability for any Site Content, advertising,
offers, products, services, or other materials on or accessible from such
websites or resources, nor are we liable for any losses or damages associated with them. For example, if you purchase ticket insurance on the Site from a third party, your contractual relationship is with the third- party ticket insurance provider,
not with us. Feedback, comments, and recommendations for enhancements to the
Services, as well as ratings and comments about the services and events of
third parties, like the event organizers, are all appreciated and encouraged
(collectively, "Feedback"). Any feedback you provide to us will not
be regarded as secret or private. A non-exclusive, global, royalty-free,
irrevocable, sub-licensable, perpetual license to use, publish, and exploit those concepts and materials for
any purpose—with or without your name— without payment is granted to us by your
submission of feedback. Reviews, ratings, and
comments regarding the Site Content,
the Services, and, if you are an organizer,
Your Content and events, may be gathered by us. These testimonials, ratings and
reviews will be considered Feedback. We have a right to use any feedback you
provide us. For your convenience, we might translate these terms into other
languages. The English version will take precedence over a translated version
in the event of a conflict.
20. Intellectual Property
Rights
20.1 Ownership of Intellectual Property
City Agenda retains exclusive
ownership of all intellectual property
associated with the platform.
This ownership includes, but is not limited to:
20.1.1
Branding
All trademarks, logos, service marks,
slogans, trade names,
and other branding elements used in connection with
City Agenda. This includes registered and unregistered marks and distinctive
visual features of the platform (e.g., colour schemes, layouts, and fonts) that
constitute the trade dress of City Agenda.
20.1.2
Software
The platform’s
underlying technology, including Source code, object code, and algorithms. Backend
infrastructure and software
frameworks. User interface
designs, workflows, and functionality. Any enhancements, updates, or
derivative works created for the platform.
20.1.3
Content
All original
content created or provided by City Agenda, including Text, graphics, logos,
icons, and images. Video and audio content. Blog posts, tutorials, FAQs, and
other educational resources. Marketing materials
and documentation available
on or related to the platform.
20.1.4
Proprietary Tools and
Data
This includes
any proprietary tools,
analytics, insights, databases, and metrics used to operate and enhance the platform.
City Agenda reserves ownership of anonymized data, aggregated insights, and
other analytical outputs derived from user interactions or platform usage, provided such data does not personally identify any individual.
20.2 Protection of Intellectual Property
City Agenda’s
intellectual property is protected under applicable laws, including copyright, trademark, trade secret, and patent laws.
Users, organizers, and third
parties are prohibited from:
20.2.1.Copying, modifying, or creating derivative works from City Agenda’s
intellectual property without prior written consent.
20.2.2.Using City Agenda’s trademarks or branding in any way that suggests endorsement, affiliation, or
sponsorship without explicit authorization.
20.2.3.Decompiling, reverse-engineering, or attempting to extract the source
code of City Agenda’s software.
Unauthorized use of City Agenda’s intellectual property may result
in legal action, including claims for damages and
injunctions to cease such unauthorized use.
20.3 License to Use
City Agenda
grants users a limited, non-exclusive, revocable license to access and use the platform’s features, content,
and tools solely for the intended purposes of event creation, management, and
participation. This license does not confer ownership and is subject to the
following restrictions:
20.3.1.Users may not sell,
rent, lease, or sublicense any aspect of City
Agenda’s intellectual property.
20.3.2.Users are prohibited from scraping, crawling,
or employing automated tools to extract data from the
platform without explicit authorization.
20.3.3.Users must not incorporate City Agenda’s intellectual property into their own services, applications, or
products without written consent.
20.4 User-Generated Content
While users
retain ownership of any content they create or upload to the platform (e.g.,
event pages, descriptions, images), Users warrant that their content does not
infringe upon the intellectual property rights of any third party and complies
with applicable laws. They grant City Agenda a worldwide, perpetual, royalty-free license
to:
20.4.1.Reproduce, modify,
display, and distribute such content for the purpose of operating, marketing, and
promoting the platform.
20.4.2.Use user-generated content in case studies, promotional materials, or other
public communications, provided it does not violate the user’s privacy or
confidentiality.
20.5 Updates and Modifications
City Agenda
reserves the right
to update or modify its intellectual property, including
its software and branding elements, at any time without prior notice. Users
acknowledge that their right to access or use the platform’s intellectual
property is subject to these changes.