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Terms of Service

The Following describes the terms on which ExpressRSVP offers you access to our services.

  1. Acknowledgment and Acceptance of Terms of Service:

The services offered at www.expressrsvp.com (ExpressRSVP) are provided to you (“user”) under the terms and conditions of this ExpressRSVP Terms of Service, and any operating rules or policies that may be published by ExpressRSVP at the URL: www.expressRSVP.com (the “service”). This terms of service comprises the entire agreement between User and ExpressRVP and describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.expressRSVP.com. This agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.

BY COMPLETING THE REGISTARATION PROCESS, OR USING EXPRESSRSVP, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.

User may continue to use ExpressRSVP as long as User adheres to these Terms of Service. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our services.

  1. Services Void Where Prohibited:

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement. Use of the services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. Registration and My Info Page:

  1. Registration: You are required to register with ExpressRSVP if you want to create RSVP’s for events. In order to register with ExpressRSVP you must supply a valid email address, which will be used as a unique identifier for your account, a user name, and a password. Your information and your activities shall not be false, inaccurate, or misleading. You agree to provide current, complete, and accurate information. If the information is inaccurate, ExpressRSVP reserves the right to terminate your account immediately and your right to use the ExpressRSVP service. When you set up an account, you will be given a private and anonymous inbox to monitor guests RSVP’s and event information.
  2. Customized RSVP Pages and Photographs: When you register with expressRSVP, you will have the opportunity to create a customized RSVP page where you can design an event page with personal pictures and information. Under the rules and regulations of ExpressRSVP you may not post any nude or obscene pictures on your RSVP page. Photographs may not contain images of cartoons, comics, celebrities, nudity, obscene, or otherwise inappropriate images. If you use alcohol-endorsed images you must be of the legal drinking age. ExpressRSVP has the right to determine at its sole discretion what is inappropriate. No offensive content is permitted. The information you post may not be unlawfully threatening or unlawfully harassing or defamatory. All photographs on ExpressRSVP are subject to review and, if deemed by ExpressRSVP to violate this agreement, to removal. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize ExpressRSVP to distribute that photograph on the RSVP page.
  1. Event Disclaimers and Limitation of Liability: YOUR PARTICIPATION IN ANY PUBLIC EVENT, PRIVATE EVENT OR ACTIVITY LISTING IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING EXPRESSRSVP YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES AND EXPRESSRSVP HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING EXPRESSRSVP, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE, DISCHARGE CLAIMS , RELEASE EXPRESSRSVP FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS EXPRESSRSVP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE BE BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
  2. Content: You are solely responsible for any data, text, photographs, files, or other materials which is transmitted, posted, or distributed by you through the Service. Under no circumstances will ExpressRSVP be liable in any way for any Content posted by any user or third party, including but not limited to, liability for any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. You may not post, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.
  3. No “Spamming”: You must not use any feature of the ExpressRSVP Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. If you use any feature of the ExpressRSVP Service for the purpose of sending Spam, ExpressRSVP reserves the right to immediately terminate your access to the ExpressRSVP Service and to seek appropriate legal recourse as necessary.
  4. Notices: ExpressRSVP may give notice to you by e-mail, a posting on the ExpressRSVP web site, or other reasonable means. You must give notice to ExpressRSVP in writing via e-mail or as otherwise expressly provided by ExpressRSVP. ExpressRSVP may broadcast, distribute or display notices or messages through the ExpressRSVP Service to inform you of changes to the Terms of Service, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.
  5. Security: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on My ExpressRSVP Page. You agree to notify ExpressRSVP immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform ExpressRSVP of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until ExpressRSVP is notified by email of a breach in security, you will remain liable for any unauthorized use of the ExpressRSVP Service through your account.
  6. No Resale or Commercial Use, Abuse of the Service: Your right to use ExpressRSVP Service is personal to you when you register. You agree not to resell or make any commercial use of the ExpressRSVP Service without the express consent of ExpressRSVP. You may not create bots or other computer generated automatic tools to create events, nor abuse the ExpressRSVP Service in any manner. ExpressRSVP reserves the right to terminate your account if ExpressRSVP determines you have not complied with this terms of service.

9. User Conduct: ExpressRSVP reserves the right, but does not assume the responsibility, to monitor or review your conduct on the ExpressRSVP Service. Your use of the ExpressRSVP Service is subject to all applicable local, state, national and international laws and regulations.

If you use ExpressRSVP, you agree not to:

a. Use the ExpressRSVP Service for illegal purposes;

b. Interfere or disrupt networks connected to the ExpressRSVP Service;

c. Use the ExpressRSVP Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

d. Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;

e. Transmit through the ExpressRSVP Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

f. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the ExpressRSVP Service;

g. Transmit through the ExpressRSVP Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

h. Interfere with another User's use and enjoyment of the ExpressRSVP Service;

i. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;

j. Create a false identity for the purpose of misleading others as to your identity or the origin of a message;

k. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the ExpressRSVP Service any directory of ExpressRSVP’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this AGREEMENT;

l. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

m. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

n. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

o. Engage in any other conduct which, in ExpressRSVP’s sole discretion, is considered inappropriate, unauthorized or objectionable.

  1. Indemnification: You agree to indemnify and hold ExpressRSVP, its parent, subsidiary, affiliate, officers, employees agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ExpressRSVP Service, the violation of this agreement by you or the documents it incorporates, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
  2. Termination: You may terminate your participation in the ExpressRSVP Service with or without cause at any time and effective immediately. ExpressRSVP may terminate the ExpressRSVP Service or your use of the Service with or without cause at any time and effective immediately, at ExpressRSVP’s sole discretion, including but not limited to immediate termination of your use of the ExpressRSVP Service should your conduct fail to conform with the terms and conditions of this AGREEMENT. ExpressRSVP shall not be liable to your or any third party for termination of the ExpressRSVP Service or termination of your use of the ExpressRSVP Service. Should you object to any terms and conditions of the AGREEMENT or any subsequent modifications ExpressRSVP makes to the AGREEMENT or become dissatisfied with the ExpressRSVP Service in any way, your only recourse is to immediately: (1) discontinue use of the ExpressRSVP Service; and (2) notify ExpressRSVP of your termination and, at your discretion, notify ExpressRSVP of the reasons for your termination. Upon termination of your use of the ExpressRSVP Service, your right to use the ExpressRSVP Service shall cease immediately. You shall have no right and ExpressRSVP will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.
  • TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS. ExpressRSVP shall not be liable for your interactions with any organizations and/or individuals found on or through the ExpressRSVP Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. ExpressRSVP is under no obligation to become involved in disputes between participants on the ExpressRSVP Service, or between participants on the ExpressRSVP Service and any third party.
  1. LINKS TO THIRD PARTY SITES. Any web sites that are accessible via links included within the ExpressRSVP Service that take you out of the ExpressRSVP Service are not under ExpressRSVP’s control and ExpressRSVP shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such website. We encourage you to read those policies and know you rights under any web site you visit.
  2. DISCLAIMER OF WARRANTIES: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREES THAT YOUR USE OF THE EXPRESSRSVP SERVICE IS AT YOUR SOLE RISK. EXPRESSRSVP MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXPRESSRSVP MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT EXPRESSRSVP DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO EXPRESSRSVP FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. EXPRESSRSVP ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE EXPRESSRSVP SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE EXPRESSRSVP SERVICE. EXPRESSRSVP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPRESSRSVP OR THROUGH THE EXPRESSRSVP SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  • LIMITED LIABILITY: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EXPRESSRSVP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH EXPRESSRSVP OR A THIRD PARTY THROUGH THE USE OF THE EXPRESSRSVP SERVICE; (IV) OR RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREES THAT EXPRESSRSVP IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE EXPRESSRSVP SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
  1. GENERAL PROVISIONS: This AGREEMENT shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that ExpressRSVP, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this AGREEMENT through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. ExpressRSVP’s failure to exercise or enforce any right or provision of this AGREEMENT shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ExpressRSVP in writing. User and ExpressRSVP agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

16. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: ExpressRSVP may modify or discontinue the ExpressRSVP Service with or without notice to you. ExpressRSVP shall not be liable to you if ExpressRSVP modifies or discontinues its Service. ExpressRSVP may change the terms and conditions of the AGREEMENT at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this AGREEMENT, ExpressRSVP may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new AGREEMENT on the ExpressRSVP Service. By using the ExpressRSVP Service after any change in the AGREEMENT you acknowledge and accept changes to the AGREEMENT.
 
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