Terms of Use

Myevent.com Inc., doing business under websiteworks.com ("websiteworks.com") maintains this web site (the "Site") as a service to its customers (the "Users") and provides all types of products and services further detailed on the Site (hereinafter "Products" and "Services"), including without limitation the Websiteworks website builder, a dynamic data base driven content management system which Users can use to create their own website (the "User's website"), design templates, and hosting services for these sites. Please review the following terms and conditions carefully. This Terms of Use Agreement and any terms and conditions which may be set out on the Site which pertains to the Products or Services purchased or registered for (collectively, the "Terms of Use") consist of a legally binding contract between each User and websiteworks.com regarding Users' access to and use of the Site and any purchase of Products or Services. By accessing the Site and/or purchasing or registering to certain Products or Services, the User agrees to the terms and conditions as outlined in this Terms of Use. Websiteworks.com reserves the right to change this Terms of Use from time to time at its sole discretion, by posting such changes on the Site. User's continued use of the Site following any such change constitutes an agreement to follow and be bound by the new Terms of Use. A User which does not agree with any part of the Terms of Use must not use this Site.

1. Ownership.

This Site is the property of websiteworks.com, its licensors and/or its various third party providers and distributors and is protected by copyright, trademark and other intellectual property laws. None of the content or data found in this Site and trademarks, logos, images and service marks displayed on the Site may be copied, reproduced, republished, sold, displayed, used, transferred, modified or distributed in any way without the prior written consent of websiteworks.com, its licensors and/or its third party providers and distributors.

2. Privacy.

For information on how User information is collected, used and disclosed by websiteworks.com, please consult our Privacy Policy detailed hereunder, which forms an integral part hereof.

3. Products and Services.

In consideration for the payment of the Fees by the User for certain Products and Services, websiteworks.com agrees to license to the User such Products and undertakes to provide to such User the Services registered to, in each case, under the Terms of Use. All intellectual or industrial property rights to the Products and to all Services made available pursuant to this Terms of Use shall vest exclusively in websiteworks.com or its licensors. Except as expressly provided, nothing herein or within any of the Products and Services shall be construed as conferring any license under any of websiteworks.com's or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Users agree not to adapt, translate, modify, decompile, dissassemble, or reverse engineer any software, applications or programs used in connection with the Products or Services.

4. Rules and Conduct.

Each User agrees not to use the Products and Services, the User's website or websiteworks.com's servers to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise in a manner which is contrary to law or would serve to restrict or inhibit any other User from using or enjoying the Site, the Products, the Services or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Site or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder; (f) impersonate of falsely represent the association of a User with any person, including a websiteworks.com representative; and (g) propagate, distribute, house, process, store, or otherwise handle in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of websiteworks.com management.

5. Accounts and User's websites.

Should a User choose to purchase Products or register for Services, she/he agrees to provide accurate and current information about her/him as required by the relevant registration process in order to set up a User account ("Account"), and to promptly update such information as necessary to ensure that it is kept accurate and complete. Users agree that it is solely responsible for: (a) maintaining the confidentiality of any passwords or other Account identifiers chosen by Users or assigned as a result of any registration; (b) all activities that occur under such password or Account and on the User's website, including without limitation, all content posted or displayed and any activities which may take place on the User's website, transactions which may take place or that site or amounts owing resulting from the use or any type of interaction which took place on that site; and (c) informing the User's websites' customers or visitors of the User's liability obligations under the Terms of Use and of the exclusion of warranty, limitation of liability and other indemnification provisions set fort in this Terms of Use. Further, Users agree to immediately notify websiteworks.com of any unauthorized use of their password or Account or User's website, and any other breach of security known to them. Websiteworks.com reserves the right to use any User's website as a Demo site and a User can request to be removed as a demo by contacting Websiteworks.com. WEBSITEWORKS.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, USERS' FAILURE TO COMPLY WITH THIS SECTION 5.

6. Pay Service.

MyEvent provides payment services for clients that are selling tickets to events or accepting donations for crowdfunding, fundraising campaigns and fundraising events. No other types of payments for other products and services can be processed through MyEvent.com without prior written consent from MyEvent.com. Certain of the Services made available over the myevent Site may be offered by myevent on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by myevent on a "prepaid" or on a "pay as you use" basis. Should a User choose to have access to a Pay Services, she/he will be required to register as described in Section 5 above, and such User will be assigned an account for such Pay Service (the "Pay Service Account"). Each User agrees to pay all the fees applicable to such Pay Service, including any fees associated with the use of such Pay Service and any myevent payment service fees listed on the pricing page together with all applicable taxes (collectively, the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service will be billed immediately to the credit card designated by such User and are non-refundable. myevent reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages of the myevent Site related to the use of the Pay Services. In connection with the foregoing, each User warrants that: (a) she/he is of the age of majority in the jurisdiction in which she/he reside, (b) all information she/he submits is true and correct (including without limitation all credit card information), and (c) she/he is the cardholder of the credit card designated by the User for the Pay Service Account. In the event that a certain amount collected by myevent on behalf of the User through the myevent payment service is charged back, the User hereby authorizes myevent to deduct from the funds which have been collected on behalf of the User the amount of the relevant charge back amount + a charge back fee of $20, and, if this is not possible (because the amount of the charge back is greater than the amount of the funds collected on behalf of the User), the User undertakes to repay such chargeback amount + fee to myevent within five (5) days of myevent's request to do so. In the event that an individual which has purchased a ticket through the myevent's Site wishes to cancel its transaction and be refunded with the payment made, myevent shall only have to make such refund if the funds pertaining to the transaction of this individual have not already been paid out from the account of the User. If the funds pertaining to the transaction of this individual are still in the account of the User, a refund can be issued to the individual, although the amount of the Fees will first be deducted from the amount of the refund. If you will be accepting payment for "Ticket Sales" of more than $10,000 we may require a hold on payouts of 50% until after your event. If you absolutely need the funds from "Ticket Sales" prior to the event you may need to answer more questions to satisfy our risk department. Please keep in mind that if you are accepting donations, selling tickets, using the online auction, sponsor's page or using any of the MyEvent Pay Services there is a 2 week hold on transactions before payouts. The silent auction can only be used by registered charities and those approved by our risk department. We reserve the right to hold back payout until the person who purchased the items has received the auction items. Myevent must charge applicable taxes to Canadians on all fees associated with accepting payments. These fees come out of the gross amount collected.

6A. Auction, Raffle
It is the responsibility of the client to make sure that they are legally entitled to conduct an auction or raffle. Myevent only provides the software for these services and it is the responsibility of the client to ensure that they have the right to offer these services.

6B. Tax Receipts
Only registered non profits can issue tax receipts through MyEvent.com. It is the responsibility of the client to ensure that they have the right to issue tax receipts to donors or ticket buyers.

7. Suspension and Termination of Accounts.

Websiteworks.com reserves the right, without any liability whatsoever, to: (a) suspend or terminate the Account of a User and her/his use of Products or Services at any time, including without limitation, notwithstanding any other provisions of the Terms of Use, where websiteworks.com has determined, in its sole discretion, that the use of the Products and Services by a User is, or was, in breach of the Terms of Use or that the User has been using or generating an excessive or unreasonable amount of traffic or storage; (b) remove the content from any User's website if websiteworks.com decides that the Account has been inappropriately used or has been used in breach of the Terms of Use or if a third party requests such removal; and (c) terminate access by Users to the Site at any time for any reason, including any improper use of the Site or failure to comply with this Terms of Use. Any such termination by websiteworks.com shall be, in addition to and without prejudice, to such rights and remedies as may be available to websiteworks.com, including injunction and other equitable remedies. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert to websiteworks.com. In certain cases websiteworks.com may require to hold funds as a reserve if an event poses what it deems as additional risk.

8. Dealing with Third Parties.

At certain places on the Site, live «links» to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of websiteworks.com. Websiteworks.com does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by websiteworks.com. The sites links from the Site are not under websiteworks.com's control, and websiteworks.com does not assume any responsibility or liability for any communications or materials available at such linked sites. Websiteworks.com does not intend links on the Site to be endorsements of the linked entities, and are provided for convenience only. Users acknowledge and agree that their correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or any of the Products or Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between Users and such third parties. WEBSITEWORKS.COM ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES THAT USERS INCUR WHEN MAKING PURCHASES OR OTHER TRANSACTION IN THIS MANNER. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the User's alone. USERS AGREE THAT WEBSITEWORKS.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, ANY OF SUCH DEALINGS OR TRANSACTIONS.

9. Exclusion of Warranty.

THE SITE, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY WEBSITEWORKS.COM ARE PROVIDED «AS IS» AND «AS AVAILABLE», AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WEBSITEWORKS.COM IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITE AND/OR A USER'S WEBSITE, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITE, OR CONTENT ON THE SITE AND/OR AN A USER'S WEBSITE. WEBSITEWORKS.COM DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND/OR TO ANY CONTENT DISPLAYED OR COMMUNICATED ON A USER'S WEBSITE AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. FURTHERMORE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITEWORKS.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS.

10. Limitation of Liability.

Websiteworks.COM AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE AND/OR A USER'S WEBSITE, (B) THE CONTENT ON THE SITE AND/OR A USER'S WEBSITE, (C) WEB SITES, AND THE CONTENT THEREIN, LINKED TO THIS SITE OR TO A USER'S WEBSITE, (D) THE PRODUCTS OR SERVICES PROVIDED BY WEBSITEWORKS.COM OR ANY THIRD PARTY THROUGH THE SITE OR THE PRODUCTS OR SERVICES PROVIDED BY A USER'S WEBSITE, (E) ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE AND/OR A USER'S WEBSITE, (F) SUSPENSION OR LOSS OF THE SERVICES, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE USERS WEBSITE(S) PROVIDED THROUGH OR BY THE PRODUCTS OR SERVICES, LOSS OR LIABILITY RESULTING FROM ACTS OF GOD, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; AND/OR (G) THE LIABILITY TO USE THE SITE, A USER'S WEBSITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASE IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBSITEWORKS.COM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR A USER'S WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IF, NOTWITHSTANDING THE FOREGOING, WEBSITEWORKS.COM SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE, THE PRODUCTS, THE SERVICES OR ITS CONTENT OR CONTENT PROVIDED BY WEBSITEWORKS.COM TO A USER'S WEBSITE, WEBSITEWORKS.COM'S LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE FEES CHARGED TO THE USER, IF ANY, WITH RESPECT TO WHICH LIABILITY IS FOUND. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO WEBSITEWORKS.COM AND WITHOUT ANY LIABILITY WHATSOEVER, WEBSITEWORKS.COM AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS TO A USER TO ANY COMPONENT OF THE SITE OR TERMINATE USE OF THE PRODUCTS OR SERVICES. THE FOREGOING TERMS OF USE SHALL APPLY TO BOTH CONTRACT AND NEGLIGENCE CLAIMS.

11. Indemnification.

Users agree to indemnify, defend and hold harmless websiteworks.com, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants, customers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from their use of the Products or Services, the violation by Users of the Terms of Use or the infringement by Users of any intellectual property or other right of any person or entity, any activity taking place on the User's website or any content displayed or communicated on the User's website, any injury to person or property caused by any products sold or otherwise distributed in connection with websiteworks.com servers and defective products sold to customer from our servers.

12. Trademarks & Copyright.

Websiteworks.com is a trademark of websiteworks.com. All other product, brand and company names and logos used on the Site are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Site without the prior written consent of websiteworks.com or the owner of the mark, as appropriate, is strictly prohibited. All information and content contained on, or made available over, the Site are: Copyright © 2003 myevent.com, websiteworks.com and/or suppliers and users. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.

13. Relationship and Assignment.

The relationship between websiteworks.com and the Users will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. Users may not assign, convey, subcontract or delegate their rights, duties or obligations hereunder.

14. Additional Terms.

Additional terms and conditions do apply to reservations to the purchases of Products and Services on the Site, and Users agree to abide by such other terms and conditions which are included in the Terms of Use.

15. Entire Agreement.

This Terms of use constitutes the entire agreement between each User and websiteworks.com. Additionally, this Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The heading used in this Terms of Use are included for convenience only. Users acknowledge that they have read this Terms of Use, understand it, and agree to be bound by its terms and conditions. Users further agree that this Terms of Use supersedes any proposed or prior agreement, oral or written, and any other communications between Users and websiteworks.com relating to their use of the Site, the use of the Products or the providing of the Services. Unless otherwise specified, in case of a contradiction between the terms mentioned on the Site and the terms mentioned in this document, the information from the Site shall supersede the information from this document.

16. Governing Laws.

This Terms of Use and its performance shall be governed by the laws in force in the Province of Quebec, Canada. Users consent and submit to the exclusive jurisdiction of the Courts of the Province of Quebec, district of Montreal, in all questions and controversies arising out of their use of the Site, of the Products, Services and this Terms of Use.