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Terms and Conditions - Hosts

Introduction

Welcome to itison. These terms and conditions apply to the services available from the domain itison.com.

Before you may become a host of itison, you must read and accept all of the terms and conditions in, and linked to, this User Agreement.

Using itison

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your itison membership has been suspended.

While using itison, you will not:

  1. breach any laws or infringe the copyright, trade mark or other rights of third parties;

    1. post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

    2. transfer your itison account (including feedback) and user ID to another party without our consent;
 distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  2. distribute viruses or any other technologies that may harm itison, or the interests of itison users;

  3. copy, modify, or distribute rights or content from our sites, services or tools or itison’s copyrights and trademarks; or

  4. harvest or otherwise collect information about users, including email addresses, without their consent.


If you are registering with itison as a business entity, you represent that you have the authority to legally bind that entity.

We will commence supplying our services to you as soon as you accept this Agreement.

Abusing itison

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, restricting capacities for events), delay or remove content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:

  1. we think that you are creating problems (including, without limitation, by harassing itison staff or by making unreasonable legal threats against itison), or exposing us or another itison user to financial loss or legal liabilities;

  2. we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;

  3. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;

  4. you are blacklisted or the subject of complaints from a significant number of members
  5. you fail to deliver the event detailed in your invitation

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

You agree not to hold itison responsible for any loss you may incur as a result of itison taking any of the actions described above.

No spam

We do not tolerate spam (unsolicited commercial communications).

You may not use itison to attempt to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages.

Fees

Joining itison as a host is free. We do charge fees for using other services, such as creating an event. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged.

Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our site and services with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You agree that we may issue you with invoices in electronic format by email.

If your event is cancelled you will be charged for each individual on your guestlist at the time of cancellation.

Content – event invitations

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Once created, your event will be subject to an approval process to ensure quality and accuracy of the content. Itison reserves the right to alter without consent any information or images which it deems to be inappropriate, inaccurate, misleading, of poor quality or for any reason whatsoever without your prior approval or consent. Your invitation will not be sent to members until approved by itison. Itison will notify you once your invitation has been approved and sent live but makes no guarantee as to the duration of the approval process.

Guestlists & Event Attendance

Itison makes no guarantee that members on a guestlist will attend. You acknowledge that itison is a unique service and that your use and payment of the service is both to gain promotion for your event and a guestlist of prospective attending members.

It is your responsibility to ensure you have a copy of your final guestlist once your guestlist has closed. Itison will email the final guestlist to the email address given, but it is your responsibility to ensure you have a copy.

Due to the nature of events you also acknowledge that attendance levels can be highly variable dependant on a multitude of factors such as the popularity of the event or the weather on the day. Itison will make a reasonable estimate of the ‘buffered capacity’ required of people on your guestlist to deliver your requested level of guests, however it is your responsibility to ensure admittance at your event of all attending members on the guestlist and to this extent we recommend you leave an estimated variation of 20% either side of your desired attendance for your event. You acknowledge that you use the service at your own risk and judgment and itison accept no liability or responsibility for levels of event attendance.

Event Delivery

It is your responsibility to ensure you deliver the event you have promoted, failure to do so may result in your account being terminated by itison. If you are unable to deliver materially important elements of the event promoted it is your responsibility to inform members on the guestlist by using the various communication tools on your host account page. The welfare and safety of members and delivery of your event is entirely your responsibility and at your own liability. You must ensure that members gain free access to your event unless otherwise stated or agreed.

Liability

You will not hold itison responsible for any loss you may incur as a result of other host or members actions or inactions, including, without limitation, failing to attend an event, behaviour at an event. You acknowledge that itison is a unique site offering a unique event service and is subject to the normal variables that promoting an event brings.

You acknowledge that itison is a service to send invitations to members and is no way responsible for the behaviour of members or the delivery of the event promoted.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any event you promote through itison. Itison reserves the right to cancel any live invitations you may have if the legality or safety of the event is in any way questionable at no liability to itison.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our members, member verification on the internet is difficult. itison cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of members purported identities or the validity of the information which they provide to us, post on our sites or use to attend events.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.

Release

If you have a dispute with one or more members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the itison Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement.

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

We shall send notices to you by email to the email address you provide to itison during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by email or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.