The following terms and conditions apply to all users of Fitsquid operating under the domain www.fitsquid.com ("Website")
ATTENTION ALL REGISTRANTS OF ANY EVENT ON THE WEBSITE: The act of registering for any event on our Website is your AFFIRMATIVE CONSENT to the privacy and usage terms between Eventsquid, LLC and you and between the event host and you.
PRIVACY & GDPR COMPLIANCE
Personal Data Roles: On our Website, we serve both event hosts and event attendees. With respect to event hosts, our role is a Data Controller as that term is described by the General Data Protection Regulation (GDPR) published by the European Union but applicable outside of the EU. With respect to event attendees, the EVENT HOST, not Eventsquid, LLC, is the Data Controller. In that instance, Eventsquid, LLC is the DATA PROCESSOR. According to the regulation, a Data Processor is "means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller." A Data Controller "means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data." Eventsquid, LLC has its registered address at 1624 Market St. Ste 226, Denver, CO 80202-2523. Our email address is email@example.com. Individual event host contact information is listed on every event website hosted within our system.
Event Host Rights to Their Personal Data The rights of our event hosts with respect to their own personal or company data entered into our system is subject to our written contracts (with corporate users), which detail such usage. With respect to our retail sports and hobby websites, event host data will be governed by the same rules in place for event attendees. In all circumstances, Eventsquid, LLC will only use personal data in order to effectuate event hosts' use of, and maximize their benefit from, our software and for no other purposes.
Registrants' Rights to Their Personal Data. Eventsquid, LLC will keep and use the data it processes for the period considered strictly necessary to achieve these ends required by the Data Controllers. For purposes of satisfying event host Data storage requirements, the Data processed may be stored for a longer period, to enable any disputes relating to the provision of the service to be handled or to comply with any applicable law or regulation. You will also have the following additional rights:
Purposes and Methods of Processing Personal Registrant Data. The personal data ("Data") provided by event attendees and event hosts or any individual acting on your behalf, will be processed for the following purposes:
Stored Information & Non-Disclosure.Eventsquid, LLC owns and operates the website that you are using. Data is stored on dedicated database servers protected by AWS firewalls, IP blocks and other measures (including encryption and Secure Sockets Layers throughout the Website) designed to offer appropriate levels of security given the type of service we offer. In addition, we may use "aggregate Data" that we collect anonymously from our entire user base (e.g. the percentage of users from California) in order to generate marketing and demographic information. Nothing in this policy prohibits our use of aggregate Data, provided that no information unique to any specific user is utilized without the user's specific consent.
Cookies and Other Tracking Mechanisms In order to provide you with a seamless experience, we utilize cookie and session tracking technology, which allows you to move from page to page without having to login each time you view another page. In addition, this information allows us to pre-populate fields and in general make your browsing experience more friendly. Eventsquid, LLC does not track your browsing outside of our Website.
Application and Use. This Agreement describes the terms and conditions applicable to your use of our services available on this Website. If you object to the terms and conditions of this Agreement, please refrain from utilizing our services because this Agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of the Website.
Changes to this Agreement. From time to time, we may amend this Policy by posting the amend terms on our Website. New terms will be effective immediately. If you have opted to receive such notices, you will also receive a notice of policy changes via email. This agreement is effective as of December 1, 2011 as revised May 24, 2018.
Membership. Anyone may become a member of our Website.
Waiver and Release. Member hereby waives and releases any and all claims, demands, causes of action or rights to sue for damages against Eventsquid,LLC., d/b/a Fitsquid and its partners (including each party's officers, directors, subsidiaries, joint ventures and employees) for the actions of Eligible Members, whether or not in connection with a transaction hosted on this Website. Eventsquid, LLC hereby disclaims any and all warranty, whether express or implied, in connection with your use of this Website to perform classified ad or auction transactions. If you are a California resident, you waive any rights you may have under California Civil Code à¸¢à¸‡1542, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Fees If you charge attendees for your event and we have a fee applicable to such charges, any attempt to circumvent our fee system will constitute grounds for the termination of your account. Examples include placing prices in the event description and making individual registration items free of charge (which circumvents our accounting system)
Changes to our Policy From time to time, we may amend this Policy by posting the amend terms on the Website. New terms will be effective immediately. If you have opted to receive notices, you will also receive a notice of policy changes via email.
WARRANTY AND LIMITATION OF LIABILITY
No Warranty.Eventsquid, LLC, our PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES AND OUR SUPPLIERS (COLLECTIVELY, "PROVIDERS") PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability.IN NO EVENT SHALL PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN CONNECTION WITH THE ACTION GIVING RISE TO LIABILITY, AND (B) $150. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity.You agree to indemnify and hold Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance.You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency. You and Providers are independent contractors. As such,no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly provided to the contrary, any notices to Eventsquid, LLC shall be given by email to firstname.lastname@example.org
Severability. 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.