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Legal and Privacy Documentation - updated 7/31/08

Privacy Policy

Introduction

The Events In America (EIA) Privacy Policy is designed to assist you in understanding how we collect and use the information that you provide to us and to assist you in making informed decisions when using the EIA Web site located at www.eventsinamerica.com (the "Web site"). It also exists to describe for you how your personal information and records will be kept private.

The Information We Collect

When you visit the Web site you may provide us with two types of information: Member information you knowingly choose to disclose that is collected and kept by us or the secure payment gateway provider, and event description information that is donated to us by Contributors.

When you register on the Web site, you provide us with certain personal information, such as your personal or business name, your contact information (telephone number, mailing address, email address, etc), and any other personal or preference information that you provide to us.

When you enter our Web site, we collect the user's browser type and IP address. This information is gathered for all users of the Web site. In addition, we store your session ID using "cookies." A cookie is a piece of data stored on the user's computer. We use session IDs to confirm that users are logged in and allowed to access restricted parts of the Web site. These cookies terminate once users close the browser.
Use of Information Obtained by EIA
When you register on the Web site, you create your own Member or Contributor profile and privacy settings. We may use your name and email address to send you notifications regarding the Web site and, occasionally, new services we think you may find valuable.
Sharing Your Information with Third Parties
We may share your information with third parties, including responsible companies with which we have a relationship. For example:

• We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to send email messages. Our service providers may have access to your personal information for use in connection with these business activities.
• We may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with the law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.
• If the ownership of all or substantially all of the EIA business were to change, your user information would likely be transferred to the new owner.

If you do not want to receive promotional email alerts from EIA and/or do not want us to share your information with third parties for marketing purposes, please e-mail us at administrator@eventsinamerica.com or submit a written request to Events In America LLC, 2001 S. Hanley Road, Suite 540, St. Louis, MO  63144 USA. Please note that it may take up to 10 days to process your request received via e-mail or 6-8 weeks to process a request received via mail

Links

This site contains links to other Web sites. EIA is not responsible for the privacy practices of other Web sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by the EIA Web site.

Changing or Removing Information

System Administrators reserve the right to modify or adjust any information in the event database. Information will be updated in a timely manner.

Changes in Our Privacy Policy

We reserve the right to change our privacy policy at any time. If we do this, we will post the changes to this policy on this page and will indicate at the top of this page the policy's effective date. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

Contacting the Web site

If you have any questions about this privacy policy, please contact us for more information.

Terms of Use

Introduction

Welcome to Events In America™, the most comprehensive database of special event information on the Web. Eventsinamerica.com (EIA) is operated by Events In America, LLC. By using the EIA Web site (the "Web site") you signify that you have read, understand and agree to be bound by these Terms of Use (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access this Web site. It is your responsibility to regularly review these Terms of Use.

Eligibility

You must be a legal adult to register as a Member of EIA or use the Web site. If you are not a legal adult, you are not allowed to register and become a Member of EIA or access EIA's content, features and services on the Web site. By using the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. EIA may terminate your membership for any reason, at any time.

Member Conduct

You understand that the Web site is available for your personal or commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. You agree not to use automated scripts to collect information from the Web site or for any other purpose. You agree that you may not use the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web site. In addition, you agree not to use the Web site to:

• upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• use or attempt to use another's account, service or system without authorization from the Web site, or create a false identity on this Web site.
• deconstruct or copy information herein for the purpose of creating a competitive site.

Contributor Conduct

In submitting information on an event or events you manage or provide services for, you agree to the following:

• You understand that the Web site is available for your commercial use only.
• You agree to provide information only on the events you manage or provide services for if you are not the manager.
• You agree not to provide intentionally false or misleading information on your event(s) or on those of other organizations.
• You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
• You agree not to harvest or collect email addresses or other contact information of Members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• You agree not to use automated scripts to collect information from the Web site or for any other purpose.
• You agree that you may not use the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web site.

You further agree not to use the Web site to:

• upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• knowingly upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• use or attempt to use another's account, service or system without authorization from the Web site or that person, or create a false identity on this Web site.
• deconstruct information herein for the purpose of creating a competitive site.

By submitting images to the site, you are representing that your organization is the sole author of the content in its entirety and that you have the right to submit the material. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights. Finally by submitting information to the site, you understand that violation of any of the provisions could bar your event from being listed on the site. Notwithstanding any of the above, you agree that Events In America LLC has final approval on the content you provide and may edit, change, add to, delete or otherwise alter the information you submit.

Proprietary Rights in Content on EIA

All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Events In America, LLC. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without EIA's prior written permission. You may print a copy of any portion of the Content solely for your personal or commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of EIA and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EIA.

Copyright Policy

EIA respects the intellectual property rights of others. If you believe your intellectual property has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact our site administrator and provide us 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 Web site;
• your address, telephone number, and email address;
• a written 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 are authorized to act on the copyright owner's behalf.

Links to Other Web sites

The Web site may contain links to other Web sites. EIA is not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on EIA does not imply approval or endorsement of the linked Web site by EIA. If you decide to access these third-party sites, you do so at your own risk.

Event Contributor Disputes

You are solely responsible for your interactions with other EIA Contributors. EIA reserves the right, but has no obligation, to monitor disputes between you and other Contributors, or to resolve conflicts among event organizers.

Disclaimers

Events In America, LLC is not responsible for any incorrect or inaccurate content posted on the Web site, whether caused by users of the Web site, Members, Contributors, or by any of the equipment or programming associated with or utilized by the Web site. EIA is not responsible for the conduct, whether online or offline, of any user of the Web site. The Web site may be temporarily unavailable from time to time for maintenance or other reasons. EIA 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, user or Member communications. EIA 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 email on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from printing materials in connection with the Web site. Under no circumstances will EIA be responsible for any loss, damage or liability, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. THE WEB SITE AND THE CONTENT ARE PROVIDED "AS-IS" AND EIA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Events In America, LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF EIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EIA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EIA DURING THE TERM OF MEMBERSHIP.

Governing Law and Venue

If there is any dispute about or involving the Web site, you agree that the dispute will be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of St. Louis, Missouri and waive all defenses or lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Web site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Events In America LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use constitute the entire agreement between you and Events In America (EIA) regarding the use of the Web site, superseding any prior agreements between you and EIA relating to your use of the Web site. The failure of EIA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Questions

Please contact Events In America, LLC.