Introduction. EventSource.ca is a website that provides listings and details of special event planning-related services for visitors and users involved directly or indirectly within the event planning industry. The services offered by EventSource Corporation (“EventSource” or “we”) include the EventSource websites located at www.eventsource.ca or any sub domain of www.eventsource.ca (the “EventSource Website”), and any other feature, content or applications offered from time to time by EventSource in connection with the EventSource Website (collectively, the “EventSource Services”).
These Terms of Submission (this “Agreement”) set forth the legally binding terms for your use of the EventSource Services. By using the EventSource Services as a “User” (meaning you have submitted content to the EventSource Website either as an individual or as a company), you agree to be bound by this Agreement and the EventSource Privacy Policy. This Agreement includes your rights, obligations and restrictions regarding your use of the EventSource Services, please read it carefully. If you do not agree with the Terms of this Agreement, you should not submit any content, video or images to the EventSource Website and discontinue use of the EventSource Services immediately.
If you wish to submit content, video or images, and generally make use of the EventSource Services, you must read this Agreement and indicate your acceptance during the content submission process. This Agreement permits you to upload, submit or embed content on the EventSource Website only photos or other content that you own the copyright to or otherwise have the right to publish. BY UPLOADING OR SUBMITTING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE FOR EXAMPLE, SECTION 14 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE EVENTSOURCE SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
Eligibility. Use of the EventSource Services is void where prohibited. You must be eighteen (18) years of age or over to be a User of the EventSource Services. By registering as a User, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable Canadian, foreign and international laws, statutes, ordinances and regulations regarding your use of the EventSource Services and all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Term and Termination. This Agreement shall remain in full force and effect while you are a User.
EventSource may terminate your use of the EventSource Website or the EventSource Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
Non-commercial Use. The EventSource Services are for the personal use of visitors to the EventSource Website (“Visitors”) and other Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by EventSource. Illegal and/or unauthorized use of the EventSource Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EventSource Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the EventSource Services.
User Content. EventSource does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload or submit for publication on the EventSource Website.
You represent and warrant that you own the User Content posted by you on or through the EventSource Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant EventSource the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content posted by you to or through the EventSource Services. After posting, uploading or embedding User Content to the EventSource Website, you continue to retain the rights in such User Content as you held prior to posting such User Content on the EventSource Website and you continue to have the right to use your User Content in any way you choose. However, by submitting, uploading or embedding any User Content on or through the EventSource Website, you hereby grant to EventSource a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the EventSource Website or in any EventSource publication will include attribution to the photographer and/or copyright holder. For example, the license you grant to EventSource is non-exclusive (meaning you are free to license your User Content to anyone else in addition to EventSource), fully-paid and royalty-free (meaning that EventSource is not required to pay you for the use of the User Content that you post), sublicensable (so that EventSource is able to use its affiliates and subcontractors such as internet content delivery networks to provide the EventSource Services), and worldwide (because the Internet and the EventSource Services are global in reach). This license will terminate at the time you remove your User Content from the EventSource Website unless your User Content has been sublicensed by EventSource prior to your removal of your User Content from the EventSource Website, which license shall continue in perpetuity.
The EventSource Services contain Content owned by EventSource (“EventSource Content”). You agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any EventSource Content appearing on or through the EventSource Website. The EventSource Website also contains content of other Users and other EventSource licensors (“Third Party Content”). You agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the EventSource Website.
Content Uploaded, Submitted, Embedded. Please carefully choose the User Content that you upload to, submit to, or embed on the EventSource Website because you are solely responsible for your User Content and for any liability that may result from your User Content. You expressly agree that you will not upload to, submit to, or embed on the EventSource Website any User Content that violates this Agreement or that is contrary to the purposes of the EventSource Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the EventSource Services any User Content containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
EventSource does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the EventSource Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the EventSource Services, Users may post User Content that contain illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and EventSource assumes no responsibility or liability for this material. EventSource makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the EventSource Services.
If you become aware of any inappropriate User Content on the EventSource Website or any misuse of the EventSource Services by any person, please contact EventSource at [email protected].
EventSource reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the EventSource Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
Exclusivity. Please note that by allowing your work to be featured on the EventSource.ca Website you agree not to submit the same images to appear on any other Ontario-targeted online/digital outlet other than your own website/blog (or that of the suppliers involved) within 4 months of its publication on EventSource.ca.
We typically do not publish content that has already been published on other Ontario-targeted online blogs (other than your own company blog), as we like to offer our readers something fresh and new. If your submission has already been published on another site or if you have submitted this for publication elsewhere, please let us know and we can evaluate on an individual basis.
Prohibited Content. EventSource reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the EventSource Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that EventSource deems to be inappropriate: User Content that criticizes a business or individual beyond that of merely offering an opinion; User Content that harasses or advocates harassment of another person; User Content that exploits people in a sexual or violent manner; User Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website; User Content that includes racially, ethically, or otherwise objectionable language; User Content that is libelous, defamatory, or otherwise tortious language; User Content that solicits personal information from anyone under 18; User Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; User Content that involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”; User Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); User Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; User Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; User Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and User Content that includes a photograph of another person that you have posted without that person’s consent.
EventSource’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and EventSource expressly reserves the right to investigate and take appropriate legal action against anyone who, in EventSource’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the EventSource Services, including but not limited to: copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any other User Content, Third Party Content or EventSource Content appearing on or through the EventSource Services; criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; covering or obscuring the banner advertisements on your personal profile page, or any EventSource page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the EventSource Services or the networks or services connected to the EventSource Services; attempting to impersonate another User, person, or representative of EventSource using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile, without our permission; using any information obtained from the EventSource Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the EventSource Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or using the EventSource in a manner inconsistent with any and all applicable laws and regulations.
Intellectual Property Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to EventSource or other persons (including without limitation Third Party Content or EventSource Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
If you believe that your work has been copied and posted on the EventSource Website in a way that constitutes any form of intellectual property infringement, please send a notice to [email protected] containing the following information: (i) a description of the protected work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the EventSource Website; (iii) your address, telephone number, and email address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner or agent of the protected work, or the law; (v) a statement by you that the above information in your notice is accurate and that you are the owner of the intellectual property right or authorized to act on the owner of the intellectual property right’s behalf.
Privacy. Use of the EventSource Services is also governed by our Privacy Policy and incorporated into this Agreement by this reference.
Disclaimer of Warranties and Conditions. The EventSource Services are provided to you on an “as is” and “as available” basis without representations, warranties or conditions either express or implied, in fact or in law, whatsoever. EventSource disclaims all representations, warranties and conditions, express or implied, or arising by statute, usage or trade, custom or otherwise, including, but not limited to, those relating to merchantability and fitness for a particular purpose, conditions of quality, title and non-infringement.
Without limiting the generality of the foregoing, EventSource is not responsible for any incorrect or inaccurate User Content posted on the EventSource Website or in connection with the EventSource Services. User Content created and posted on the EventSource Website may contain links to other websites. EventSource is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by EventSource. Inclusion of any linked website on the EventSource Services does not imply approval or endorsement of the linked website by EventSource. When you access these third-party sites, you do so at your own risk. EventSource takes no responsibility for third party advertisements which are posted on the EventSource Website or through the EventSource Services, nor does it take any responsibility for the goods or services provided by its advertisers. EventSource is not responsible for the conduct, whether online or offline, of any User of the EventSource Services. EventSource assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any User Content. S EventSource is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the EventSource Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the EventSource Services. Under no circumstances shall EventSource be responsible for any loss or damage, including personal injury or death, resulting from use of the EventSource Services, attendance at a EventSource event, from any User Content posted on or through the EventSource Services, or from the conduct of any Users of the EventSource Services, whether online or offline. EventSource cannot guarantee and does not promise any specific results from use of the EventSource Services.
Non-Ontario residents: EventSource makes no representation that any of the EventSource Content, Third Party Content or User Content and their respective copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the Province of Ontario and country of Canada. Those who choose to access the EventSource Website from locations outside of the Province of Ontario do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Limitation and Exclusion of Liability. In no event shall EventSource or any affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of EventSource be liable to you or any third party for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive and/or incidental for the use of the EventSource Services, including without limitation, lost profits, bodily injury, emotional distress, business interruptions or any special, incidental or consequential damages, even if EventSource has been advised about the possibility of such damages.
EventSource assumes no liability for disruptions or improper operation of the EventSource Services for any reason, including, but not limited to, vandalism, theft, internet disruptions, technical problems, extreme or severe weather conditions or any other causes in the nature of force majeure and, more specifically, which are outside EventSource's control. You specifically acknowledge that EventSource shall not be liable for User Content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In any event, in no event shall EventSource's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to negligence, breach of warranty, strict liability, misrepresentation), or otherwise, exceed the amount actually paid to EventSource by you under this Agreement during the thirty (30) days immediately preceding the date on which such claim accrued. Accordingly, you hereby release EventSource from any and all obligations, liabilities, and claims in excess of the limitation stated in this section.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.
Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities when using the EventSource Services under this Agreement, including without limitation all applicable statutes, laws, regulations, industry and exchange rules and reputable business practices in effect in the Province of Ontario and the country of Canada.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You further agree that the Courts of Ontario shall have the sole jurisdiction to entertain any action or other legal proceeding based on any provision of this Agreement and you hereby attorn and irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario. You hereby also agree that the venue for any action, dispute or proceeding with respect to this Agreement shall be Markham, Ontario.
Indemnity. You agree to indemnify and hold harmless EventSource, and any of its affiliates, officers, directors, shareholders, employees, consultants, agents and suppliers (“Indemnitees”) from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorney's fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to this Agreement or your breach of law, including without limitation, made by any third party due to or arising out of your use of the EventSource Services in violation of this Agreement and/or arising from: (i) your use of and access to the EventSource Website, including any improper or illegal uses; (ii) your violation or breach of any term, condition, representation or warranty of this Agreement; (iii) your conduct, including but not limited to your negligence, gross negligence or willful misconduct; (iv) violation of any third party right, including without limitation any infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel or violation of privacy or publicity). This defense and indemnification obligation will survive the termination of this Agreement and your use of the EventSource Website and/or the EventSource Services.
Entire Agreement and Modification. This Agreement is accepted upon your use of the EventSource Website or any of the EventSource Services and where applicable, is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and EventSource and supersedes any other agreements (written or oral), instruments or other writings relating to its subject matter.
You may not change modify, add to or remove any portion of this Agreement, in whole or in part. EventSource may modify this Agreement from time to time and each modification will be effective when it is posted on the EventSource Website at https://www.eventsource.ca/blog-submission/terms-of-submission (the “Effective Date”). If EventSource makes material changes to this Agreement, a notification will be posted on the EventSource Website prior to the effective date of the changes. EventSource will also indicate at the bottom of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon the posting of such new Agreement. You understand and agree that your continued access to or use of the EventSource Website as a User after the effective date of modifications to the Agreement indicates your acceptance of the modifications.
Non-Waiver. Any waiver by EventSource of a provision hereunder must be in writing and shall not constitute a waiver of (i) such provision at any other time or (ii) any other provision hereunder.
Assignment. You may not assign this Agreement or any of your rights or obligations hereunder this Agreement under any circumstances without the prior written consent of EventSource, whose consent can be unreasonably withheld.
Severability. If any provisions of this Agreement are deemed invalid, illegal or unenforceable, then, to the extent permitted by law, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been included as part of this Agreement.
Survival of obligations. The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this Agreement shall survive any termination or cancellation of this Agreement.
Third Parties. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person (other than EventSource and you, and our respective administrators and permitted successors and assigns) any right, benefit or remedy of any nature whatsoever, and except as specifically provided within the Agreement, no person will otherwise be deemed to be a third-party beneficiary under or by reason of this Agreement.
Please contact us at: [email protected] with any questions regarding this Agreement.
Last Updated: January 5, 2016