TERMS OF USE

These Terms of Use are effective on November 8, 2023

Please read these terms of use carefully (“Terms”). These Terms govern and apply to your access and use of www.eventista.vn and Eventista’s social networking services available via Eventista’s site (collectively, the “Service”). By accessing or using our Service, you agree to be bound all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.

BASIC TERMS

You must be at least 13 years old to use the Service.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Eventista prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Eventista upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations.

You are solely responsible for your conduct and any data that you submit, post or display on or via the Service.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

One user can only use one account when participating into contests.

Violation of these Terms of Use may, in Eventista’s sole discretion, result in termination of your Eventista account. You understand and agree that Eventista cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Eventista, we can stop providing all or part of the Service to you.

USE OF THE SERVICE

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.

RIGHTS

Eventista does not claim ownership of any photo content that you post on or through the Service.
Eventista has the right to commercialize all information such as “loves” or ”comments” through the Service.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Eventista may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

The Eventista name and logo are trademarks of Eventista, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eventista.

Although it is Eventista’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Eventista reserves the right to remove any Content from the Service for any reason, without prior notice. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that Eventista is not responsible for, and does not endorse, Content posted within the Service. Eventista does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Except as otherwise described in the Service’s Privacy Policy, available at https://eventista.vn, as between you and Eventista, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Eventista is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Eventista in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Eventista, and Eventista will not be liable for any use or disclosure of any Content you provide.

If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Eventista is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

EVENTISTA CONTESTS AND VOTE CONTESTS

The photo that has been chosen as the winner of a contest, automatically grants its rights to the organizer of the contest as non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the photo, subject to Service’s Privacy Policy.

The winner of a contest or a vote contest can be chosen in various ways. The organizer of a contest or a vote contest determines in which way the winning photo will be choses. The organizer has three (3) different options to choose from and the organizer can choose any mix of these below methods to rate the contest photos. However, once the organizer has chosen one method to rate the photos, the organizer can not change the method during the event.

Most popular in where user who has submitted the most “liked” photo wins

Random in where a random win will be chosen among the photos that have been uploaded to the contest or to the voting poll

Organizer decides where the organizer of a contest or a vote contest decides which photo will be chosen to win.

The organizer of the photo contest can show the published photos on the organizer website, shops and marketing venues and events.

The organizer of the Eventista photo contest can ask permission to buy the rights of any photos published in the service. The fee of each photo shall be fixed 10 USD per photo. Publisher of the photo has the right to accept or not to accept the proposal to buy the photo. The publisher needs to accept before the rights of the photo will be transferred to the organizer.

Eventista shall take a 30 per cent transaction fee of each accomplished and agreed photo purchase.
If the organizer wants to cancel a contest or a vote contest during the event, he or she needs to contact Eventista team. However, the organizer can modify the details of a contest or a vote contest during the contest or a vote contest during the event.

PRIVACY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

CONTENT ON THE SERVICE

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

PAYMENT

Fees. Certain Services and Features are only offered under a Paid Trancsaction, and certain Service Content is only offered for payment. You agree to pay whatever fees and other charges are presented to you when you make a paid transaction or paid Service Content (collectively, the “Fees”). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle (“Billing Cycle”). If you downloaded the App from the Apple Store, refunds are permissible in accordance with their refund policy; otherwise refunds are permissible in accordance with our Refund Policy, which is incorporated into this Agreement by reference. Except as stated in those policies, all Fees are non-refundable and non-cancellable. Moreover, amounts payable are exclusive of all applicable sales, use, consumption, VAT and other taxes, except for taxes based upon Eventista’s net income.

Payment Methods and Processing.

Payments may be processed via our website, as well as any other third-party payment methods which we make available (such as via Stripe and certain supported payment cards). You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize Eventista (and any third party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions. If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) – so carefully read those terms. With respect to direct credit-card Web Service purchases, Eventista is responsible for the execution of your transaction and will initiate your payment.

COPYRIGHT POLICY

We respect other people’s rights, and expect you to do the same. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

UNAUTHORIZED ACTIVITIES

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

INDEMNITY

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.

LINKS TO THIRD PARTY SITES

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

OWNERSHIP

Our Service is protected by copyright, trademark, and other laws of Finland and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of Eventista and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

TERMINATION

If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service.

DISCLAIMER

You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

QUESTIONS & CONTACT INFORMATION

Please contact us via contact@eventista.vn if you have any questions about our Terms.