Terms of Use
UQ Events Terms of Use Agreement
Effective September 30, 2007:
About UQ Events
UQ Events is a web-based social-networking service that allows people to post, find and share events and event information.
Membership is easy and free and gives you the ability to create, publish and manage events through your online UQ Events profile and calendar. These events can either be kept private, shared with a chosen circle of friends or published for anyone using the website to see.
Non-members (individuals without profiles) can participate in finding events and sharing them through email or attaching them to online calendars such as iCal, Google Calendar, Yahoo Calendar, Outlook, 30 Boxes (on Facebook) and more.
UQ Events was created for individuals looking to find and share event information in an easy, enjoyable and exciting fashion. We are constantly growing and adapting to our users’ needs and we hope that you join us to take part in everything that UQ Events has to offer.
The service is operated by 0776854 BC Ltd. (“UQ Events”) as the UQ Events service and is found at www.uqevents.com. By using the www.uqevents.com website ("UQ Events" or the "Website") you agree to be bound by these Terms of Use (this "Agreement"). Furthermore, your use of the site and the UQ Events service constitutes your acceptance of the terms of this Agreement.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. UQ Events may modify this Agreement periodically and such modification shall be effective upon posting by UQ Events on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes UQ Events policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and UQ Events Privacy Policy.
1. Description of the UQ Events Service.
The UQ Events Service is a web-based social-networking platform that allows an individual to post, find and share event information with other individuals who visit the website.
2. General.
A) Entire Agreement. This Agreement constitutes the complete and exclusive Agreement between you and UQ Events with respect to your use of the UQ Events Service and supersedes all prior and contemporaneous oral or written agreements between you and UQ Events. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other UQ Events services, affiliate services, third-party content or third-party software.
B) Notices. UQ Events may, at their behest, but shall not be obligated to provide you with notices, including those regarding amendments to this Agreement, by either mail, email, postings on the UQ Events Service or communication through the UQ Events Service.
C) Assignment. UQ Events may at any time assign this Agreement, in whole or in part, with or without notice to you. You may not assign or otherwise transfer any of your rights or obligations under this Agreement.
D) Waiver and Severability. The failure of UQ Events to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision, or portion thereof, of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of this Agreement, and each provision, or portion thereof, is hereby declared to be separate, severable and distinct.
E) Governing Law. This Agreement between you and UQ Events shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding those provisions relating to conflicts of laws. You and UQ Events hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia for any legal proceedings arising out of this Agreement.
F) Statute of Limitations. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or connected to use of the UQ Events Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
G) No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
H) Section Headings. The section titles in this Agreement are for expediency only and have no contractual or legal effect.
3. Eligibility.
You must be thirteen (13) years of age or older to register as a member of UQ Events or use the website. If you are under the age of 13, you are not allowed to register and become a member of UQ Events or access the UQ Events content, features and services on the website. By using the Web site, you represent and warrant that you agree to and abide by all of the terms and conditions of this Agreement. Membership in the service is void where prohibited. UQ Events may terminate your membership for any reason, at any time.
4. Security.
Upon completing the registration process for the UQ Events Service you will receive a password enabling you to log into your own account. Each account is to be used by no more than one (1) user. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You hereby agree to: a) notify UQ Events immediately of any unauthorized use of your password or account or any other breach of security; and b) ensure that you sign-out and protect your account at the end of each session. UQ Events will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Privacy.
Information, whether personal or not, collected by UQ Events shall be used as set forth in the UQ Events Privacy Policy. You agree to the terms of the UQ Events Privacy Policy as a condition to using the UQ Events Service. The Privacy Policy may be updated every so often. You agree that UQ Events may edit, monitor or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise stipulated in the UQ Events Privacy Policy.
6. User Conduct.
You agree that it is your responsibility to establish and maintain your own profile, calendar and event information. Your use of the UQ Events Service is contingent on your acceptance of and compliance with this Agreement. UQ Events reserves the right, without assuming the responsibility, to monitor or review your conduct on the UQ Events website. Your use of the UQ Events Service is subject to all applicable federal, state/provincial and local laws and regulations and you agree that the following activities are explicitly prohibited in connection with the use of the UQ Events Service:
- Transmission of another’s intellectual property or other proprietary information without permission
- Endorsement or encouragement of any illegal activity
- Interference with other UQ Events users' use of the UQ Events Service
- Use of the UQ Events Service (transmission, uploading, distribution or dissemination (or offer to do the same)) of content that is unlawful, harmful, threatening, abusive, harassing, defamatory, fraudulent, infringing, obscene or otherwise objectionable, pornographic, libelous, invasive of another's privacy, or harms minors in any way
- Use of the UQ Events Service (transmission, uploading, distribution or dissemination (or offer to do the same)) of content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Deliberate transmission and/or distribution of any virus, worm, defect, Trojan horse, corrupted file, hoax, or any other item of a destructive or deceptive nature
- Creation and transmission of email in a manner which violates the CAN-SPAM Act or any other relevant anti-spam law
- The creation and transmission of unwanted email(s) to any number of email addresses belonging to individuals and/or entities to which you have no prior relationship or association “Spamming”
- Modification, adaptation, translation, or reverse engineering of any portion of the UQ Events Service as well as any software offered in conjunction with the UQ Events Service
- Removal of any trademark, copyright or other proprietary rights notices contained in or on the UQ Events Service
- The distribution, sale or exchange of the email address(es) of any person to a third party without that person’s express knowledge and ongoing consent to such disclosure
- Use of the UQ Events Service in a manner which violates the rights of others
- Creation of multiple user accounts in conjunction with any violation of this agreement as well as the creation of user accounts by electronic and/or automated means or under false or fraudulent pretenses
- Impersonation of another person or misrepresentation of your own identity, via the use of an email address or otherwise, through the UQ Events Service
- The transfer, sale, resale, trade or other exploitation of any UQ Events account for any unauthorized or commercial purpose
- Falsification and/or misrepresentation of your profile, calendar and event postings through the use of keywords that have little or nothing to do with what users visiting these areas will see on the page
- Repetition of the same tag, keyword or search word multiple times in a row for any purpose
- Provision of material or resources in support of any organization(s) designated by the United States or Canadian government as a foreign terrorist organization
Your right to use the UQ Events Service is exclusive to you as an individual. You may not create programs, bots or other computer generated automatic tools to create events, nor abuse the UQ Events Service in any manner. Use that constitutes abuse shall be determined by UQ Events in its sole discretion. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
7. Content.
You understand that all text, photographs, messages, graphics, information, data or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. Under no circumstances will UQ Events be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the UQ Events Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the UQ Events Service, you grant UQ Events a world-wide, royalty free, non-exclusive license(s) to use, reproduce, distribute, adapt, modify, publicly perform and publicly display such Content on the UQ Events Service solely for the purpose for which such Content was submitted or made available. "Publicly accessible" areas of the UQ Events Service are those areas intended by UQ Events to be accessible to the general public, such as published UQ Events profiles, calendars and events including password-protected UQ Events calendars and other portions of UQ Events sites that are open to both members and visitors. You understand that UQ Events does not control, and is not responsible for Content posted by any user of the UQ Events Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of UQ Events. UQ Events makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
8. Copyright and Intellectual Property Rights Policy.
You recognize and accept that UQ Events owns all right, title and interest in and to the UQ Events Service, including without limitation all intellectual property rights (the "UQ Events Rights"), and such UQ Events Rights are protected by Canadian and international intellectual property laws. Although UQ Events does not claim ownership of Content posted by its users, by posting Content to any Publicly accessible area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to UQ Events an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. The UQ Events Rights include rights to: a) all software associated with the UQ Events Service. You agree that you will not modify, copy, alter, reproduce, or create derivative works from the UQ Events Service or any Content placed on the UQ Events Service by UQ Events or any third party; and b) the UQ Events Service developed and provided by UQ Events and all trademarks and other intellectual property associated therewith.
If you believe that your work has been copied and posted on the UQ Events Service without your permission or in any way that constitutes copyright infringement, please provide UQ Events with the following information:
1. Your address, telephone number and email address
2. A description of the copyrighted work that you claim has been infringed
3. A description of where the material that you claim is infringing is located on the UQ Events Service, with enough detail that we may find it on the website
4. A written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law
5. A statement by you declaring under penalty of perjury that; a) the above information in your Notice is accurate; and b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. Please contact UQ Events at the following email address:
9. Links to Third Party Sites.
Any websites that are accessible via links included within the UQ Events website and Service that relocate you to another website and/or out of the UQ Events Service are not under the control of UQ Events, and UQ Events shall bear no responsibility for the products, content or services of any linked website. All such websites shall be subject to the procedures and policies of the operator(s) and/or owner(s) of such websites. UQ Events recommends that you read those procedures and policies in order to recognize and understand your rights as dictated by any Third Party website you visit.
10. Advertisements.
You accept and understand that certain areas of the UQ Events Service may display ads and other information adjacent to and related to the event content. Additionally, some event content may be placed in certain areas of the website where it is visible to a large number of users for a pre-determined fee. No personally identifiable information, addresses or email content will be provided to advertisers as part of the UQ Events Service and as a result no human will read your event posting, profile, event calendar(s) or email content in order to target such advertisements or other information without your consent. Any such ads or other information is served using a completely automated process. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the UQ Events Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that UQ Events shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the UQ Events Service.
11. Software.
Your use of any software in connection with the UQ Events Service will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. UQ Events reserves all rights to such software not expressly granted to you in any EULA or in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. If you obtain any software that is not accompanied by a EULA, then UQ Events grants to you a personal, non-transferable, non-exclusive, revocable license to use such software solely in conjunction with the UQ Events Service and in accordance with this Agreement. You will not decompile, disassemble, copy, modify, create a derivative work of, reverse assemble or reverse engineer such software or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the software, except and only to the extent that such activity is explicitly permitted by applicable law. UQ Events or its suppliers own all right, title and interest in and to such software (including all intellectual property rights), and such software is licensed, not sold to you.
12. Information Available from the UQ Events Service.
UQ Events and its suppliers do not warrant or guarantee the correctness, legitimacy or timeliness of any information available from the UQ Events service, even if such information appears in e-mail or other alerts available through the UQ Events Service. Furthermore, UQ Events does not provide any recommendations, suggestions or endorsements of any specific product or service. Nothing contained in the UQ Events Service is intended to represent expert or professional advice of any kind. UQ Events and its suppliers do not authorize the use of information available from the UQ Events Service for any purpose other than your personal use, and expressly prohibit the redistribution, resale and use of this information for commercial purposes.
13. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE UQ EVENTS SERVICE IS AT YOUR SOLE RISK. THE UQ EVENTS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AS A RESULT, UQ EVENTS 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. UQ EVENTS MAKES NO WARRANTY THAT:
A) THE UQ EVENTS SERVICE WILL MEET YOUR EXPECTATIONS AND/OR REQUIREMENTS,
B) THE UQ EVENTS SERVICE, INFORMATION AND RESULTS PROVIDED FROM THE SERVICE WILL BE SECURE, RELIABLE, TIMELY, ACCURATE, UNINTERRUPTED OR ERROR-FREE,
C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE UQ EVENTS SERVICE WILL MEET YOUR EXPECTATIONS, AND
D) ANY PROBLEMS, DEFECTS OR ERRORS IN ANY SOFTWARE PROVIDED TO OR USED BY YOU IN CONJUNTION WITH THE UQ EVENTS SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE USE OF THE UQ EVENTS SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, SUGGESTIONS, DIRECTIONS OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UQ EVENTS OR THROUGH OR FROM THE UQ EVENTS SERVICE SHALL CREATE ANY WARRANTY NOT EXPLICITLY STATED IN THE TOU.
14. Limitation of Liability.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL UQ EVENTS (0776854 BC LTD.) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UQ EVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
A) THE USE, MISUSE, INABILITY TO USE; OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE UQ EVENTS SERVICE;
B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE UQ EVENTS SERVICE;
C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE UQ EVENTS SERVICE;
D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR
E) ANY OTHER MATTER RELATED TO THE SITE OR THE UQ EVENTS SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 12, 13 AND 14 MAY NOT APPLY TO YOU.
15. Additional Liability Limitation.
As you use the UQ Events Service, you should expect to use, access or receive Content originated by UQ Events and persons other than UQ Events (any such person is referred to as a "third party"). Without limiting the generality of sections 13 and 14, you agree and recognize that neither UQ Events nor its licensors or other suppliers are responsible or liable for:
a) any content, including without limitation, any obscene, inaccurate, infringing, offensive, indecent, defamatory, threatening or illegal content, or
b) any third party conduct, transmission or data.
In addition, you agree and recognize that UQ Events is not responsible or liable for:
i) any viruses or other disabling features that affect your access to or use of the UQ Events Service,
ii) any failures or delays you may experience in initiating, conducting, or completing any transactions or transmissions in connection with the UQ Events Service in an accurate or timely manner,
iii) any incompatibility between the UQ Events Service and other services, websites, software, and hardware, or
iv) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links contained on the UQ Events Service.
16. Indemnification.
You agree to indemnify and hold UQ Events (0776854 BC Ltd.), and its affiliates, subsidiaries, officers, agents, co-branders or other partners, and officers, directors, employees, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the following actions by you or any other user of the UQ Events Service using your account:
a) Content you submit, transmit, post or make available through the UQ Events Service,
b) use of the UQ Events Service,
c) infringement of any intellectual property or other right of any person or entity,
d) violation of any part of this Agreement,
e) breach of any of the representations and warranties herein,
f) violation of any federal, state/provincial or local law or regulation; or
g) violation of any rights of another.
17. Changes to the UQ Events Service and the Agreement.
UQ Events reserves the right, without liability to you, to modify or discontinue the UQ Events Service with or without notice to you and you agree to be bound by such modifications or revisions. If you do not accept and abide by the terms of this Agreement, you may not use the UQ Events Service. UQ Events may change the TOU at any time at its sole discretion. It is advisable that you visit this page periodically to review the terms of this agreement. By using the UQ Events Service after any change in the TOU, you acknowledge and agree to be bound by such amended TOU.
18. Agreement Violations by Others.
UQ Events asks that you actively participate in ensuring that all users of the UQ Events Service follow the terms of this Agreement by reporting any violations of these terms. To report a violation you may either flag the posting(s) for review or email us at: