TERMS OF SERVICE


Revised:  January 3, 2013

1. Your Acceptance

By using and/or visiting the website www.doitinperson.com, including all Content (as defined below) available through doitinperson.com and any associated content such as e-mail feeds and RSS feeds (collectively, the “Website”), which is operated by Do It In Person, LLC (“DIIP”), you signify your assent to these terms and conditions (the “Terms of Service”). 

ATTENTION:  PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, WHICH ARE PART OF THESE TERMS OF SERVICE, CAREFULLY BEFORE USING THIS WEBSITE.  ACCESSING ANY PART OF THIS WEBSITE OR ASSOCIATED CONTENT SUCH AS EMAIL FEEDS AND RSS FEEDS INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS WEBSITE OR ASSOCIATED CONTENT AND LEAVE THE WEBSITE IMMEDIATELY. You acknowledge (a) that you have read and understood these Terms of Service; and (b) that these Terms of Service have the same force and effect as a signed agreement. 

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website.  You agree that DIIP shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website).  Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.

These Terms of Service were last revised on December 18, 2012.  We may change these Terms of Service at any time.  Please review the Terms of Service each time you visit the Website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF SERVICE.

These Terms of Service include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, in Sections 10, 12, 13, 14 and 15.  Please review those sections (and all of other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information DIIP collects when you and others use this Website. It also describes how DIIP uses any personal information you share with it. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

3. Links to and From the Website

a.              These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by DIIP. DIIP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators.  In addition, DIIP will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve DIIP from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website that you visit.

b.              Except as you have otherwise agreed with DIIP, you may link to the Website from your website, subject to the following:  (1) you may not frame the Website or any portion of the Website (except you may do so with functionality provided by DIIP, if any); (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Do It In Person name and not any DIIP logo; (4) you may not use any DIIP logo in any way; (5) you may not use the link in any way that suggests that DIIP is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages DIIPor damages its reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.

4. Website Access/Users Who Violate Terms of Service

a.              DIIP hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:  (1) you will not copy, download or distribute any part of the Website in any form or medium without DIIP’s prior written authorization, except as permitted in Section 6 below; (2) you will not alter, modify, or make derivative works from any part of the Website without DIIP’s prior written authorization, except as permitted in Section 6 below; and (3) you will otherwise comply with these Terms of Service.

b.              DIIP may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.

5. Restrictions on Use of the Website

a.              In your use of the Website, you shall not:

  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law; 
  • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website; 
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website; 
  • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
  • impersonate or misrepresent any person or entity or your affiliation with someone else; 
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
  • collect personally identifiable information of other users or visitors;
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • solicit other users to join, become members of, or contribute money to any online service or other organization;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
  • stalk or otherwise harass any person or entity;
  • harm minors in any way; or
  • use any discussion forum on the Website to advertise or perform any commercial solicitation.

b.              DIIP will fully cooperate with any law enforcement authorities or court order requesting or directing DIIP to disclose the identity of anyone violating these Terms of Service. 

c.              DIIP believes in children’s online safety and does not wish to receive information regarding children under 13 years old.  Therefore, you may not post or transmit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Website.

6. Intellectual Property Rights

a.              Everything you see, hear, or otherwise experience on this Website, including but not limited to the videos, text, software, photographs, scripts, graphics, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DIIP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DIIP owns the copyright in the selection, coordination, arrangement and enhancement of the Content.  Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws.  DO IT IN PERSON®, EMPOWER THE EXPERIENCE, and the handshake logo are trademarks of DIIP.   

b.              Content on the Website is provided to you AS IS for your information and personal use only.  For your personal use, you may view, copy, and print pages of the Website.  Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DIIP reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by DIIP in writing.  You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized by DIIP.  You may not build a business using the Content, whether or not for profit.  If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7. User Submissions

a.              The Website may permit the submission of text, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post profiles and event organizers can post event information. You understand that whether or not such User Submissions are published or posted, DIIP (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

b.              You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to DIIP, you hereby grant DIIP and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and DIIP’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

c.              In connection with User Submissions, you represent and warrant that you will not:  (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DIIP all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DIIP or any third party; (iii) submit material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions.  DIIP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DIIP expressly disclaims any and all liability in connection with User Submissions. DIIP does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and DIIP will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 8 below). DIIP will not necessarily monitor User Submissions.  However, DIIP reserves the right to monitor, alter, edit, or remove Content (including User Submissions) without prior notice and for any reason. DIIP also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Service. 

d.              You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that DIIP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DIIP with respect thereto, and agree to indemnify and hold DIIP, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

8. Notice and Procedure for Making Claims of Intellectual Property Infringement

If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which DIIP has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

a.              a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.              identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

c.              identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);

d.              information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

e.              a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.               a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

DoItInPerson.com
c/o Legal Department
44 West 28th Street, 8th Floor
New York, NY 10001

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.  E-mails or notices sent to DIIP without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

9. Trademarks and Celebrity Material

a.              DIIP responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.

b.              Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you don't have the celebrity's permission.

If you are a trademark owner or a celebrity and you believe your rights have been infringed the Website, please submit a notification of infringement to our agent listed in Section 8 above.

c.              To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.

d.              When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where you believe the infringement is occurring.

10. Pricing and Payment – For Users

a.              Purchasing Tickets for Events.  If you wish to purchase tickets to an Event described on the Website (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. Any information that you provide to DIIP will be handled in the manner described in our PRIVACY POLICY. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) set forth on the Website at the time of your purchase, however, such prices do not include and you must pay any excise, sales, use or like taxes.   Prices advertised on the Website are subject to increase in the amount of any such tax that DIIP may be required to collect or pay in connection with the Transaction.

            THE SALE OR PURCHASE OF TICKETS TO EVENTS, INCLUDING THE RESALE OF SUCH TICKETS, MAY BE REGULATED BY CERTAIN STATE, COUNTY AND CITY LAWS OR REGULATIONS. YOU ACKNOWLEDGE THAT COMPLYING WITH LAWS IS YOUR RESPONSIBILITY, AND YOU AGREE NOT TO HOLD DIIP LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets on the Website. You grant DIIP the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

b.              Event Organizers.  DIIP acts as the agent to those who are promoting or otherwise providing the events for which you purchase tickets, such as promoters, venues and community groups ("Event Organizers").

c.              Payment Processing. When you purchase a ticket for an event, a third party will be handling the transaction and collecting payment for the Event Organizer.  Orders will be processed only after a billing address, and other billing information, has been verified. If we receive incorrect billing or credit card account information the processing of your order will be cancelled without further notice.  Tickets purchased on the Website are subject to NON-REFUNDABLE per ticket handling fees.

d.              Pricing and Availability.  DIIP sells tickets on behalf of Event Organizers, which means DIIP does not set the ticket prices. DIIP does not control ticket inventory or availability.  Event Organizers may change Event pricing and ticket availability in their sole and absolute discretion and you agree to hold DIIP harmless for any loss you suffer as a result of changed prices or availability of tickets.  

e.              Order Confirmation/Delivery of Tickets. Tickets are delivered via email upon completion of payment for your order. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with DIIP whether or not your order has been placed.

f.               Payment Methods.  DIIP accepts payment via American Express, Visa, MasterCard, Discover and PayPal.  All credit card transactions are processed through a third party credit card processor.  Payment for certain events listed through the Website must be made directly to the Event Organizer via PayPal pursuant to PayPal’s then-current payment terms.  All prices on the Website are stated in U.S. Dollars, and payment must be made in U.S. Dollars.

g.              Cancelled and Rescheduled Events.  Occasionally, events may be canceled or rescheduled by the Event Organizer. Should this occur, you must contact us within 24 hours following the scheduled Event start time to obtain a refund.  If more than 24 hours has passed, the decision to issue refunds for cancelled Events is solely within the discretion of the Event Organizer. 

h.              Refunds and Exchanges.  Before making a purchase on the Website carefully review the Event listing and all policies established by the Event Organizer.  We will not issue refunds except in the limited case of requests within 24 hours of cancelled and rescheduled Events as set forth above.  We will not issue exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.  You must contact the Event Organizer for all refund and exchange requests other than as set forth herein. You agree that you will not attempt to circumvent any refund prohibitions with regard to tickets you purchased on the Website. You will not contact DIIP to seek a refund or exchange from DIIP when DIIP is prohibited from providing one by the Event Organizer, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Website. Should you do so, your tickets may be cancelled, and DIIP may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website. DIIP will not be responsible or liable in any way for refunds, the Event Organizer’s refund policy or errors in issuing refunds.

            If we issue you a refund for a ticket, we will issue a refund of the ticket's face value (the “Event Fee”), less the handling fee. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. DIIP will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or rescheduled event.

11. Pricing and Payment – Special Terms Applicable to Event Organizers

a.              Event Listings/Sponsors & Partners.  Event Organizers are solely responsible for the content of their User Submissions on the website, including ticket prices and terms.  It is the responsibility of the Event Organizer to communicate its refund policy to Users.  Event Organizers agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by DIIP.  Event Organizers are solely responsible for negotiating and enforcing agreements with partners and sponsors, even if connections with such partners and sponsors are facilitated by the Website.  DIIP does not act as an agent of any Event Organizer, partner, or sponsor in connection with partnership or sponsorship arrangements or agreements.

b.              Credit Card Processing.  DIIP utilizes a third party fulfiller for processing of all payments.  The fulfiller will collect the Event Fee as established by the Event Organizer, and all applicable handling fees from the User.  The fulfiller will deduct the handling fees collected and will remit payment of the Event Fee and ticketing fee to DIIP in accordance with the terms of the fulfiller merchant card processing terms in effect from time to time.  Within five (5) business days following the receipt of funds from fulfiller, DIIP will deduct the handling fee and pass the Event Fees paid along to the Event Organizer (either by mailing a check or through an electronic funds transfer, as directed by the Event Organizer, to the address or account, respectively, that the Event Organizer directs).  DIIP reserves the right to withhold funds at any time as DIIP determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies.

c.             Pay Pal Processing.  Should Event Organizer elect to receive payment of Event Fees for an event solely via PayPal, DIIP will direct the User to PayPal for payment directly to the Event Organizer of the Event Fee as established by the Event Organizer and all applicable ticketing and handling fees as established by DIIP.  The User will then remit payment of the Event Fee and ticketing fees to Event Organizer’s PayPal account in accordance with PayPal’s then-current terms of use and payment policies.  DIIP will invoice Event Organizer for all applicable ticketing fees on a monthly basis on the fifth (5th) day of the following month.  By way of example, DIIP will invoice Event Organizer on February 5th for all ticketing fees collected by Event Organizer in January.  Payment on such invoiced amounts shall be due to DIIP within ten (10) days after the date of the invoice.  If Event Organizer fails to pay to DIIP any amount owed pursuant to an invoice when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, or (b) the maximum amount permitted by applicable law.  Should Event Organizer fail to remit payment to DIIP within thirty (30) days, DIIP reserves the right, in its sole discretion and without limiting its other rights and remedies, to: (i) deduct such amounts from Event Organizer’s outstanding balance, whether for that particular event or for any other event that Event Organizer lists through the Website; and/or (ii) terminate Event Organizer’s registration and cancel all other Events listed by Event Organizer.
d.             Withheld Payments; Cancellations.  DIIP, in its sole discretion, may determine to advance a portion of Event Registration Fees to the Event Organizer prior to the period set forth above, on such terms and conditions as DIIP may establish from time to time. The Event Organizer agrees that all Event Fees for a given event are earned by Event Organizer only following conclusion of the applicable event and all payments remitted to Event Organizer will be net of all credit card fees, ticketing fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Event Organizer from DIIP with respect to any event that is cancelled. If payments have already been made by DIIP to an Event Organizer for a cancelled event, such Event Organizer will immediately refund to DIIP all such payments upon cancellation of such event. 

e.              Refunds. Event Organizers shall offer refund terms that are consistent with the terms of these Terms of Service.  Refunds will be for the Event Fee only and will not include any ticketing or credit card fees charged by DIIP. All communications or disputes regarding refunds with Website Users shall be the responsibility of the Event Organizer.  DIIP will not be responsible or liable for, and the Event Organizer hereby agrees to fully indemnify DIIP and its affiliates for, refunds, errors in issuing refunds, or lack of refunds.  Notwithstanding the foregoing, the Event Organizer acknowledges and agrees that DIIP shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if DIIP receives complaints from a substantial number (as determined by DIIP in its sole discretion) of Users with respect to the applicable Event or another Event held by Event Organizer, DIIP receives notification from Users that the event was cancelled, or DIIP determines in its sole discretion that Event Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more User(s) request a refund, whether due to a cancelled event or for any other reason where DIIP would reasonably expect to lose a chargeback, DIIP may, in its sole discretion, issue such refund to such User(s), and shall invoice Event Organizer for any refund liability it incurs as a result.  Event Organizer shall then promptly pay the amount invoiced for refunds to DIIP.

f.              Credit Card Chargebacks.  Any credit card chargebacks initiated by a User for any reason with respect to an Event shall be charged back to the Event Organizer of such event.  DIIP will not be responsible or liable in any way for, and Event Organizer hereby agrees to fully indemnify DIIP and its affiliates for, chargebacks issued in connection with ticket purchases in connection with Event Organizer’s User Submissions on the Website.

g.               Payments.  If Event Organizer fails to pay to DIIP any amount owed pursuant when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Event Organizer to DIIP under these Terms of Service or otherwise, DIIP may, without limiting its other rights and remedies, (i) deduct such amounts from Event Organizer’s outstanding balance, whether for that particular event or for any other Event that Event Organizer lists through the Website; and/or (ii) send an invoice to Event Organizer, in which case Event Organizer shall pay DIIP such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to DIIP hereunder are not made by Event Organizer when due, DIIP reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Event Organizer’s registration and to cancel all other Events listed by Event Organizer.

h.              Taxes; Withholding.  Event Organizer is responsible for (and will indemnify DIIP and its affiliates against) all taxes associated with the sale of tickets through the Website (excepting taxes based on DIIP’S income), which amounts may be withheld from payments due to Event Organizer or added to amounts invoiced to Event Organizer. DIIP reserves the right to withhold the payment of any amounts owed to you hereunder if DIIP suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of these Terms of Service, or (iii) violation of any applicable laws or regulations (foreign or domestic).

12. Advertisements and Events/Sponsors and Partners/Release

DIIP takes no responsibility for advertisements or any third party material posted on DIIP, nor does it take any responsibility for the products or services provided by advertisers, groups, event sponsors, partners or others that post profiles, events or other Content on the Website (“Advertisers”).  Any dealings you have with Advertisers found while using the Website are between you and the Advertiser, and you agree that DIIP is not liable for any loss or claim that you may have against an Advertiser.

            The Website provides tools that enable users to arrange physical meetings (“Events”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). DIIP does not supervise these Events and is not involved in any way with the actions of any individuals at these Events. As a result, DIIP has no control over the identity or actions of the individuals who are present at these Events, and requests that users exercise caution and good judgment when attending Events.  DIIP has no control over whether Event organizers have insurance.

            The Website may provide tools that enable Event Organizers to connect with sponsors or partners.  DIIP has no control over such sponsors or partners.

BECAUSE WE DO NOT SUPERVISE OR CONTROL THE EVENTS OR INTERACTIONS AMONG OR BETWEEN MEMBERS OF GROUPS, EVENT ORGANIZERS, AND OTHER PERSONS OR COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH PHYSICAL TRANSPORTATION TO OR FROM EVENTS OR WITH THE ACTIONS OF ANY INDIVIDUALS AT EVENTS, AND BECAUSE WE DO NOT CONTROL AMAZON.COM, PAYPAL, CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE WEBSITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE DIIP (AND DIIP’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR TRANSACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES, DIIP’S RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR TRANSPORTATION TO OR FROM, ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, AN EVENT. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

13. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, EVENT, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, DIIP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT;  THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. DIIP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE INCLUDING ANY SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  YOU ACKNOWLEDGE THAT DIIP HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.

14. Limitation of Liability

IN NO EVENT SHALL DIIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) USER SUBMISSIONS, THIRD PARTY WEBSITES, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR EVENT ORGANIZERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, OR YOUR ATTENDANCE AT ANY EVENT POSTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIIP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Any claims relating to use of the Website must be bought within one (1) year from the date the cause of actions arose.  Claims brought after such period are VOID.  The Website is controlled and offered by DIIP from its facilities in the United States of America. DIIP makes no representations that the Website is appropriate or available for use in all jurisdictions. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

15. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT  OR USING YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE.  IF DIIP DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, DIIP WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO DIIP.

16. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to abide by and comply with these Terms of Service. This Website is not intended for children under 13.  If you are under 13 years of age, then please do not attempt to register an account on or use the Website.

17. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DIIP without restriction and without notice to you.

18. Modifications to Service

DIIP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that DIIP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

19. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

20. General

You agree that: (i) the Website shall be deemed solely based in New York, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over DIIP, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed solely by United States and New York law, without regard to conflict of law provisions. Any claim or dispute between you and DIIP or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. You further irrevocably agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of resolving all such claims or disputes. These Terms of Service and any other legal notices published by DIIP on the Website, shall constitute the entire agreement between you and DIIP concerning the Website. If any provision of these Terms of Service are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DIIP’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DIIP reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

21. Questions

If you have questions, please contact DIIP by emailing us at info@doitinperson.com or at 44 West 28th Street, 8th Floor, New York, NY 10001.


Last revised:  January 3, 2013.