Evite Terms of Service

EVITE TERMS OF SERVICE
LAST REVISED ON: March 29, 2007

Acknowledgment and Acceptance of Terms of Service
Welcome to Evite (“Evite”, “we” or “us”). When using the services offered on or through www.evite.com (together with any successor site(s), the "Site"), you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Evite and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the Evite Service (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at support@evite.com. BY COMPLETING THE REGISTRATION PROCESS, OR USING ANY OF PART OF THE EVITE SERVICE, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Evite as long as you adhere to these Terms of Service.

Overview
The Site offers a multi-purpose service which allows you to create and send invitations to your friends, receive invitations, research party planning ideas, tips and tools, and access search services and content, among other things (together with the Site, collectively, the "Evite Service"). These Terms of Service apply to the Evite Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Evite Service when first made available through the Site.

Eligibility
Use of the Evite Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Privacy Policy
It is Evite's policy to respect the privacy of its users. Evite's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Evite collect from you, and how that information is used is governed by the Evite Privacy Policy, which you can access here: Privacy Policy

Registration, My Info Page and Inbox

1. Registration. You are required to register with Evite if you want to use the Address Book, write a review or user rating, submit a party idea, send an Evite invitation to a private event (see Private Event below), post a public event on Evite, send an eCard, access your Inbox, view your calendar, retrieve past Evite invitations for private events, save and access saved information and tools in your Notebook, view and edit your My Info Page, and upload photos to the Photo Center. In order to register with Evite you must supply a valid email address, which will be used as a unique identifier for your account, and your name, zip code, and a password.

You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Evite Service, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Info Page. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Evite Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Evite Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Evite Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Info Page sign-up is inaccurate, Evite reserves the right to terminate your account immediately and your right to use the Evite Service.

2. My Info Page. You are required to set up a My Info Page with Evite if you want to post a Public Event (see below). In order to set up a My Info Page, you will be required to supply an alias and your gender in addition to the information you supplied during Registration (see above). You may also fill in certain optional fields or answer certain optional questions, which will help other users know a little more about you. Third party access to your profile information is determined by the privacy level you select under your privacy options. If you elect to display your profile to other Evite users, a link to your profile will be displayed on your invitations and reviews, and your profile information will be made publicly accessible. You may also elect for your profile information to be accessible to others only with your permission, or you may elect to hide your profile, in which case your profile information will not be displayed to third parties.

3. Photo Guidelines for My Info Page. When you set up a My Info Page, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you, be current, and your face should be clearly visible. We will also accept photographs which show yourself plus another adult person (spouse, family member, etc.), your children, and/or your pet. We will also accept a graphic containing a logo instead of your photograph; provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, or artwork, or obscene or otherwise inappropriate images (as determined by Evite in its sole discretion). For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Evite are subject to review and, if deemed by Evite to violate these Terms of Service or be inappropriate, in its sole discretion, shall be removed. Offensive content is not permitted in any form. If you see any photographs on the Site that do not conform to this policy, please notify us by emailing us at support@evite.com.

4. Inbox. When you set up a My Info Page, you will be provided with a private and anonymous mailbox to receive email messages from other users who may want to contact you, without you having to disclose your actual email address or other information. Other users also may send and receive messages without having to disclose any personal information or email addresses to you. The Inbox contains features that allow you to block other users from contacting you if you choose.

Description of the Evite Service

Evite provides Users with a variety of online services and features, including, but not limited to:

1. Private Events. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send an Evite invitation to a private event, you must be registered with Evite (see Registration above).

2. Public Events. A Public Event is a social gathering or get-together that is open to all members of the Evite community. All Public Events are searchable on the Site. Some examples of Public Events may include: art exhibits, music festivals, happy hours, poetry readings, grand openings of restaurants and clubs, etc. You must register and create a My Info Page in order to post a Public Event. If you wish to respond to an Evite invitation to a Public Event, you must first register with Evite. However, you may also choose to respond to an invitation to a Public Event anonymously without registering. If you choose to respond anonymously, your contact information, user name and comments will be seen only by the Host.

3. Design Your Own Invitation. Using our Design Your Own Invitation feature, users can customize invitations by uploading one or more images for use on an Evite invitation. The images uploaded for use on the invitation, will also be included in the email correspondence for the event that is the subject of the invitation. Users can also customize their invitations with various background and color choices provided by Evite.

4. Address Book. Your Address Book consists of contact information such as name, email address and other profile and contact information you have either added yourself, imported, or requested from another Evite user. If you don't already have a person's contact information in your Address Book, you will see a link to request information if that person is a registered Evite user.

5. Carpool. When you create an Evite invitation for a Private Event, your invitees will have the option of using the Carpool feature in order to coordinate transportation to and from the event. Those who opt to be drivers of Carpools will have the ability to choose whom they drive. Those participating as passengers in a Carpool will be asked to provide their names and cross streets for pickup, as well as their music and seating preferences, if any. Both drivers and passengers will also have the option of providing contact information, such as phone number and email address, to facilitate communication with other carpool participants. Participants in the Carpool feature will also be able to correspond with each other through a double-blind email system, which hides the email addresses of both the sender and recipient of email messages. The name and cross streets of those participating in the Carpool service may be viewable by other invitees to the applicable event and contact information, if supplied, will be viewable by other carpool participants.

6. Planning Pages and Tools. The Planning Pages include ideas, tips and tools, which can be used to help you plan your event. Such tips and tools include multiple pages of content with tips on party themes and ideas, a budget estimator to give you an idea what your event will cost, a drink calculator to help you determine the quantity of drinks needed, menus and recipes to help you pick food for your party, information on local places to help you choose a place to host your party, and event checklists to help keep you on task while planning your party, among other things. The tips and tools in the Planning Pages are for informational purposes only.

7. Notebook. The Site also provides you with an online notebook, which allows you to save information you’ve gathered while using the Site. In order to use the online notebook, you will need to register with the Site.

8. Evite eCards. Evite eCards are online greeting cards. You may choose from multiple designs and send your greeting. You must register with the Site to send an eCard, but not to view an eCard.

9. Reviews/User Ratings. Evite users may supply reviews and ratings for events and venues, as well as search for reviews and ratings regarding local events and hot spots based on zip code and other search terms. If you choose to post a review or rating it will be viewable by all Evite users and a link to your My Info Page will be posted with such review or rating, unless you choose to post an anonymous review. Evite reserves the right to pull down a review or rating at any time, in its sole discretion. Evite may also automatically reject certain profane and otherwise inappropriate words in a user review or rating.

10. Submit Your Party Idea. You may submit any party ideas you think would be interesting to other users. In order to submit a party idea, you will need to register. The submission will be routed to our Customer Service team for approval. If it is approved, it may be displayed in our Party Ideas section of the Site. Ideas that will not be approved include, but are not limited to, ideas that: promote a business, are vulgar or obscene, contain profanity, promote illegal activities, infringe upon another's intellectual property rights, contain racist, sexist, violent or other inappropriate themes, would damage Evite's goodwill, or any other idea which Evite, in its sole discretion, deems inappropriate or otherwise wishes not to promote.

11. Evite Travel. Evite allows you to search for and book hotels for an event through Evite Travel powered by Evite’s business partner, Hotels.com. Whether you are a host or a guest, you may provide other guests with information on suggested hotels, your hotel information, or even book and pay for hotel rooms for yourself or other guests through Evite Travel. If you choose to book a hotel, you will be required to provide payment information.

12. Photo Center. The Photo Center allows you to share photographs from past events with other guests, view photographs from past events from other guests, and order prints. You must register with the Site to upload and share photos with other guests, however, you may view photos without registering.

13. Gift Center. You may also view gifts appropriate for various occasions through the Gift Center on the Site, which is powered by our business partner, Gifts.com. If you wish to purchase any of the products described in the Gift Center, you will be directed to the retailer providing such product.

14. Other Features. You may also conduct various other tasks through the Evite Service. In order to use any feature of the Evite Service not described above, you may be required to create a My Info Page (see above).

License to Use and Access the Evite Service
Evite grants you a limited license to access and make personal use of this Site and the Evite Service and not to download (other than page caching) or modify it, or any portion of it, except with Evite’s express written consent. The foregoing license does not include any resale or commercial use of this Site, the Evite Service or its contents; any derivative use of this Site, the Evite Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the Evite Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Evite’s express written consent. Use of the Evite Service that constitutes abuse shall be determined by Evite, in its sole discretion. Evite reserves the right to terminate your account if Evite determines you have not complied with these Terms of Service.

Restriction on Use of Content

You acknowledge that the Evite Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Evite Service, including the Content.

The Evite name and logo are exclusively licensed to Evite. All other trademarks appearing on the Evite Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Evite Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Evite Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Materials Submitted Through the Evite Service
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") which are transmitted, posted, or distributed by you through the Evite Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted by you to the Site, your My Info Page, in a Public or Private Event invitation or related materials, or Evite eCard. All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

Evite does not control the Materials posted by users such as yourself via the Evite Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Evite Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Evite be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Evite Service. Subject to the terms of Evite's Privacy Policy, you agree if you post any Materials through the Evite Service, you automatically grant to Evite, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Evite Service and to third parties with whom Evite has a relationship. You also grant Evite the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Evite Service.

Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, reviews, ratings, ideas, notes, drawings, photos, graphics, data, text, images, messages or other information submitted to Evite, other than for use in a Private Event invitation, in connection with a Private Event invitation, or on your My Info Page (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Evite. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Evite Service or otherwise stored in connection with the Evite Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Evite Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Evite Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of Evite, the Site visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.

In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Evite Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Your privilege to use the Evite Service depends on your compliance with the "Community Standards and Conduct" guidelines set forth in these Terms of Service. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Evite Service for any reason.

Community Standards and Conduct
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the Evite Service. We do not control all of the Materials posted via the Evite Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Evite Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Evite Service.

You agree not to:

• Post, transmit, or otherwise make available, through or in connection with the Evite Service:

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• Use the Evite Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Evite Service.
• Harm minors in any way.
• Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Evite Service or the servers or networks used to make the Evite Service available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Evite Service, including without limitation by hacking or defacing any portion of the Evite Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Evite Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Use the Evite Service to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Evite Service in a commercial manner.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Evite Service.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Evite Service any directory of Evite’s users or usage information or any portion thereof other than in the context of your use of the Evite Service as permitted under these Terms of Service.
• Attempt to gain unauthorized access to the Evite Service, other accounts, computer systems or networks connected to the Evite Service, through password mining or any other means.
• Remove any copyright, trademark or other proprietary rights notice from the Evite Service or Content or Materials originating from the Evite Service.
• Frame or mirror any part of the Evite Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Evite Service.
• Create a database by systematically downloading and storing content from the Evite Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Evite Service or reproduce or circumvent the navigational structure or presentation of the Evite Service.
• Engage in any other conduct which, in Evite’s sole discretion, is considered inappropriate, unauthorized or objectionable.
• Comply will all applicable laws, regulations, and ordinances as a condition of use of the Evite Service.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Evite Service. Your use of the Evite Service is subject to all applicable local, state, national and international laws and regulations.

Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Evite Service, and paying all charges related thereto.

No “Spamming”
You must not use any feature of the Evite Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Evite. If you use any feature of the Evite Service for the purpose of sending Spam, Evite reserves the right to immediately terminate your access to the Evite Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the Evite Service for Spam, please notify Evite using the Customer Support “Contact Us” Form, report abuse by flagging any posting that appears to be Spam for Evite's review, or by emailing Evite at support@evite.com. Please note that by posting a Public Event you are consenting to receive, and authorizing Evite to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

Links to Third Party Sites
The Evite Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Your Contact with Advertisers or Third Party Vendors
Third parties other than Evite and its affiliates operate stores, provide services, advertise, or sell products on this Site. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the Evite Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Evite does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that Evite will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Evite has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.

Product Descriptions
Evite and its affiliates attempt to be as accurate as possible. However, Evite does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.

Transactions with Organizations or Individuals
Evite shall not be liable for your interactions with any organizations and/or individuals found on or through the Evite Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Evite reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Evite Service.

Violation of Terms By Other Users
Evite asks that you participate in ensuring that all Users follow the terms and conditions of these Terms of Service by reporting any Private Event invitations, Public Events or other postings or messages that violate these Terms of Service. To report a violation of this Terms of Service, please email us at support@evite.com.

Indemnification
You agree to indemnify, defend and hold harmless Evite, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from your use of the Site and/or the Evite Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Evite Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Evite Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

DISCLAIMERS AND RELEASE FOR EVENTS AND CARPOOL FEATURE
YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT OR THE CARPOOL FEATURE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING EVITE YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. EVITE HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING EVITE, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION IN THE CARPOOL FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE EVITE FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS EVITE, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, THE CARPOOL FEATURE OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE EVITE SERVICE IS AT YOUR SOLE RISK. THE EVITE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE EVITE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE EVITE SERVICE. EVITE MAKES NO WARRANTY THAT THE EVITE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE EVITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EVITE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EVITE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EVITE SERVICE OR THAT DEFECTS IN THE EVITE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT EVITE DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE EVITE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO EVITE FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. EVITE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE EVITE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE EVITE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE EVITE SERVICE. EVITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE EVITE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE EVITE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVITE OR THROUGH THE EVITE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
EVITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EVITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE EVITE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH EVITE OR A THIRD PARTY THROUGH THE USE OF THE EVITE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE EVITE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT EVITE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE EVITE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination and Modification of the Evite Service
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Evite Service, and remove and discard any Materials within the Evite Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Evite Service, or any part thereof, with or without notice. You agree that any termination of your access to the Evite Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Evite Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Evite Service.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Evite Service, including, but not limited to (i) restricting the time the Evite Service are available, (ii) restricting the amount of use of the Evite Service permitted, and (iii) restricting or terminating any user's right to use the Evite Service, with or without notice; (b) charge fees in connection with the use of the Evite Service; (c) modify and/or waive any fees charged in connection with the Evite Service; and/or (d) offer opportunities to some or all users of the Evite Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Evite Service, in whole or in part, or of any service, content or feature offered through the Evite Service.

Jurisdictional Issues
The Site is controlled and operated by Evite from the United States, and is not intended to subject Evite to the laws or jurisdiction of any territory other than that of the United States. Evite does not represent or warrant that the Evite Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notices
Evite may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to Evite in writing via email or as otherwise expressly provided by Evite. Evite may broadcast, distribute or display notices or messages through the Evite Service to inform you of changes to these Terms of Service, the Evite Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Evite. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Alameda County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Evite Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Evite to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Evite may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Evite's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Evite relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These Terms of Service will inure to the benefit of Evite’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact our Copyright Agent for Notice of claims of copyright infringement at:

Registered Copyright Agent
Evite
c/o IAC Search & Media, Inc.
555 12th Street, Suite 500
Oakland, CA 94607
(510) 985-7400
support@evite.com

Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Evite Service, please send an email to support@evite.com. You may also contact us by writing to Evite, c/o IAC Search& Media, 555 12th Street, Suite 500, Oakland, CA 94607, Attention: Customer Service, or by calling us at 510-985-7400. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Modifications to These Terms of Service
Evite reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.