| TERMS OF SERVICE |
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| Acceptance of Terms |
Welcome to NETME online event registration and management website. The Terms of Service ("TOS") governs all use of the www.netme.com website (the "Site") and the services and software (collectively, the "Service" or “Services”) available on or through the Site. The Service is owned and operated by media88, Inc. ("MEDIA88") doing business as NETME ("NETME"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by NETME. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SITE AND THE SERVICE.
NETME reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS on the Site periodically for changes. Your continued use of the Service following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing, using the Service and otherwise accessing the Site. |
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| Provision of the Service |
| The Service provided by NETME on the Site includes the followings: (1) Online Event Registration and Management web application that allows event organizers and planners ("Organizers") to post and manage events on the Site; and collect event registration/ticket fees over the Internet from registrants ("Registrants") who want to attend the events. (2) Online Auction that allows Organizers to post and manage online auctions on the Site; allows registered bidders ("Bidders") to bid on or buy the online auction items; and allows Organizers to collect online auction payments from the winning Bidders over the Internet. You acknowledge and agree that NETME reserves the right, in its sole discretion, at any time and from time to time, to modify any or all of the Service without prior notice to the Organizers, Registrants, and Bidders including the availability of the Service without liability of any kind. This includes enhancements, designs, and any functional changes. The TOS applies to you regardless if you are an Organizer, Registrant, Bidder or other user of the Service. |
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| Use of the Services |
You must agree to accept the TOS to use the Services, and if You are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from using the Services and accessing the Site. If You do not qualify, please do not try to use the Services and to access the Site. If You are under the age of 18, You may only use the Services on the Site in conjunction with and under the supervision of Your parents or guardians.
(1) Online Event Registration and Management
Organizer shall use NETME to manage and maintain the contents of events, including text, images, and other digital components, at a specific event administration website (“Administration Website”) owned and hosted by NETME. The output of the event contents will be disseminated on an independent event website (“Event Website”), also owned and hosted by NETME, where any event registrants (“Registrants”) can register events of Organizer online.
(2) Online Auction (If available, all auctions related TAO apply)
Organizer shall use the Administration Website to manage and maintain the online auction items, including text, images, and other digital components. The online auction items will be disseminated on the Event Website for Bidders to browse the auction items, sign up, and bid the items.
Organizer shall not use the Service to 1) disseminate or transmit any material that is unlawful, false, inaccurate, misleading, fraudulent, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable, or harmful to minors in any way; 2) disseminate or transmit any material that Organizer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information); 3) disseminate or transmit any material that infringes any copyright, patent, trademark, trade secret, or other proprietary, industrial, or intellectual property rights or rights of publicity or privacy; 4) disseminate or transmit any material that constitutes unauthorized advertising, promotional materials, spam emails, or any other form of unauthorized solicitations; 5) disseminate or transmit any material that contains software viruses or any computer code, programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 6) launch any automated system, including without limitation "robots," "spiders," "offline readers," or similar systems, that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or 7) disseminate or transmit any material that otherwise may: (i) constitute a criminal offense; (ii) give rise to civil liability; or (iii) violate applicable law, rule or regulation.
Organizer agrees not to copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information on the Site and also agrees to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the data and information on the Site to anyone else. If you do so, Organizer agrees that NETME is suffering irreparable injury and that an injunction or temporary restraining order may be entered by any court sitting in the state of Arizona prohibiting the use of such information. In addition, Organizer agrees to pay all reasonable attorney's fees and costs incurred in enforcing these provisions. Organizer, Buyers or Bidders shall not provide untrue, inaccurate, incomplete information that is not current. |
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| Payment of the Service |
| Organizer agrees to pay for the Service as set forth in the Pricing and Payment section or separate contract. Should there be a separate contract in writing, all terms and conditions shall remain the same except for the pricing and what is stated in the separate contract. Organizer shall pay all NETME service fees in full within 5 days after the event. In the event Organizer fails to make payment in full on the scheduled payment period, Organizer agrees to pay late payment fee of $35 per month and finance charge of 2% per month on the unpaid balance, or the maximum rate allowed by law if less. If NETME requires the use of collection agencies, attorneys, or courts of law for collection on the unpaid amount of Organizer, Organizer also agrees to reimburse NETME for such expenses. The Service of the Organizer, including the login access to the Site, will also be suspended or terminated until all the necessary unpaid balance is paid in full. |
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| Event Registration |
| If Organizer posts events on the Site, NETME is not responsible for any registration of such events that may take place or not take place on the Site. If any Registrant registers any event on the Site, the entire registration, including the information of the event, registration information, registration and other fees, is a contract between Registrant and the Organizer. It is the Registrant responsibility to evaluate the accuracy, legitimacy of the Organizer or quality of the event registered or received. NETME is not responsible for the Organizer's events, all information of such events including fees, actions, performances, non performances or its services. |
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| Online Auctions |
| If Organizer posts auction items on the Site, NETME is not responsible for the auction items will be sold on the Site. If Bidder uses the Site to place a bid or to purchase the auction item, your bid or purchase is a contract between you and the Organizer. It is the Bidder responsibility to evaluate the accuracy, legitimacy of the Organizer or quality of the products purchased or received. NETME is not responsible for the Organizer's auction products, actions, performances, non performances or its services. |
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| Bidding and Payment |
| If You participate the bidding or buying of an online auction item on the Site provided by the Organizer, you agree that you are obligated to complete the payment transaction with the Organizer (unless the transaction violates the law or these Terms) if: (a) You are the highest bidder for an item at the end of an auction, and your bid is accepted by the Organizer; or (b) You purchase an auction item that is offered for a fixed price. Upon the completion of the auction for your item, You will be notified by the Organizer, and payment is due immediately upon the receipt of such notification. You agree to pay any sales or tax on your purchase, as well as any shipping or delivery charges. You should be aware that the Organizer may include sales conditions or other terms in the auction item’s description. You should be sure to read the description carefully, because by bidding on the item you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law). You cannot retract any of your bids. You must be at least 18 years of age to participate in the online auction. By signing up, you are confirming that you are at least 18 years old. |
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| Payment Methods |
| Coming soon. |
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| Changes to the Terms of Service |
| NETME reserves the right to change these Terms of Service at any time without prior notice to You. The revision date of the Agreement will be posted on the Site. You should check the Terms of Service on the Site from time to time for any updates. Your continued use of the Services shall be deemed to be acceptance of any such modification to the TOS. If you do not agree to any modification of the TOS, you must immediately cease accessing the site and using the Services. |
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| Registration Data; Confidential Information; Privacy Policy |
NETME is committed to respecting your privacy. When you use the Service on this Site to register for an event, make online donation, participate in the online auction, and/or other activities, all of the information provided to the NETME site is kept private (including names, addresses and emails) unless it is required by law. All information collected on the Event Website of the Organizer during the use of the Service is owned by the Organizer. NETME does not share, rent or sell lists of personal information of any type to any party. In using the Service, NETME may on occasion send you email updates about the features, services or information added to NETME website.
NETME takes online privacy seriously. It is our way of sustaining your trust in us and in using our products and services. Any changes to our privacy policy will be posted on the Site. NETME has no control over and NETME makes no representations concerning the privacy practices of our Organizers. Accordingly, if you want to find out how the Organizers will use any of your registration information, you need to contact the Organizers about their privacy policy. |
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| Ownership and Proprietary Information |
| Organizer acknowledges and agrees that the NETME website located at http://www.netme.com including its sub-domain sites with URL (Uniform Resource Locator) such as http://[anyname].netme.com and/or http://[anyname].netme.com/[anyname], the Administration Website and the Event Website provided and hosted by NETME, and all components thereof are the sole and exclusive property of NETME, and NETME totally owns all rights, titles and interests, including copyrights and other intellectual property rights, including all ideas, concepts, expertise, computer hardware, software, programs, systems, methodologies, source code, algorithms, databases, schemas, operating systems, support programs, data, original artwork created by NETME or on behalf of the Organizer, and any or all other materials embodied in the Service, the Administration Website, and the Event Website. The Service, Administration Website, and Event Website may only be used by Organizer as expressly authorized herein. All rights not specifically granted by NETME to Organizer hereunder are reserved by NETME. Organizer shall not copy, record, publish, compile, reproduce, republish, transmit, use, or resell any information of the Service, Administration Website, and Event Website for any purpose not expressly permitted by this agreement. Organizer shall not use any device, software or hardware that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the ideas, design, concepts, algorithms, of the Service, Administration Website, and Event Website to Organizer or anyone else. Organizer shall not use, disclose or transmit any information available from NETME (including the Service, Administration Website, and Event Website) to compete against NETME. |
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| Data Ownership |
| Except as explicitly stated in the Ownership and Proprietary Information section, the event registration data, online auction data, and other related information available on the Administration Website and the Event Website that have been provided by Organizer or its Registrants is owned by the Organizer. Organizer shall also retain all of its intellectual property rights in any text, images, or other digital components that it owns, provides, and transmits to NETME for display on the Event Website. |
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| Governing Law |
| This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict or choice of law principles. Exclusive jurisdiction and venue for all lawsuits regarding this Agreement shall be in Maricopa County, Arizona. |
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| Violations, Termination and Suspension |
| NETME, in its sole discretion, may terminate your access to your account, use of service or remove and discard any and all of your content within the Service, for any reason or no reason including, but not limited to lack of use, failure to timely payment of any fees or other monies due to NETME; or if NETME believes that you have violated the TOS. NETME may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination or suspension of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NETME may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NETME shall not be liable to you or any third-party for any termination of your access to the Service. |
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| Links |
| In any event if the Service includes links to other Internet websites or resources. Because NETME has no control over such websites and resources, you agree that NETME is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that NETME shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or any materials available on or through any such website or resource. |
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| Notices |
| Any changes to the TOS will be posted on the Site from time to time. You are responsible to check the website for new updates or changes. Other notices may be made via regular mail or e-mail with link to notices. |
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| Disclaimer of Warranties |
| THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOU TO USE. THE SERVICE AND SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF DEALING. NETME ALSO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) IS SECURE AND ERROR-FREE (iii) THE SERVICE WILL BE UNINTERRUPTED, (iv) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, (v) THE QUALITY OF PRODCUTS, SERVICES OR EVENTS PURCHASED THROUGH THE SITE MEET YOUIR EXPECATIONS, (vi) SERVICES WILL WORK ON ALL PLATEFORM, (vii) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NETME IS NOT RESPONSIBLE FOR (i) THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY REGISTRANT, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER THE EVENT, (ii) THE QUALITY, SAFETY, ACCURACY OR LEGALITY OF EVENTS ADVERTISED, (iii) THE ORGANIZER ACTUALLY PEROFRMED ACCORDING TO ITS ADVERTISED CONTENTS OR REGISTRANT ACCURATELY COMPLETED A TRANSACTION. |
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| Limitation on Liability |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETME SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. |
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| Indemnity |
| You agree to indemnify and hold NETME and its subsidiaries, affiliates, owners, officers, directors, employees, agents, co-branders or other partners, harmless for, from, and against any and all claims brought by any third party relating to any aspect of the Service, due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another. |
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| Time to File Claim |
| You agree that regardless of any statute or law to the contrary, any claim or cause of any action arising from the use of the Service per TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred. |
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| Unlawful Activities |
| You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and all the services that you provide inclduing the events and online auctions. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. |
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