BY USING OR ACCESSING 49st.com (THE “SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU ACCEPT AND WILL BE BOUND BY THE FOLLOWING TERMS OF USE (THE “AGREEMENT”).

Acceptance of Terms:

49st Events Corp. ("49st") provides a collection of online resources, including search, user profile pages, community pages, event detail pages, venue detail pages, comments, link sharing, tags, calendar tools, data input tools, web services application programming interfaces (APIs), advertising, email services and links to third party sites (referred to hereafter as "the Service"), subject to the Agreement which may be updated or amended by 49st at any time. 49st will provide notice of materially significant changes to the Agreement by posting the amended terms on the Site, which shall constitute notice to you thereof. Except, as stated below, all amended terms shall be effective immediately upon such notice. You understand and agree that you are solely responsible for reviewing the Agreement from time to time. You can always review the most current version of the Agreement at http://www.49st.com/terms. Any continued use of the Site or Service by you after such amendment(s) have been posted or information regarding such amendment(s) has been sent to you, shall be deemed your consent and agreement to such amendment(s).

Should you object to any term or condition of the Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with 49st in any way, your only recourse is to immediately discontinue use of the Site and the Service. 49st will not be held liable for any loss or damage for non-compliance by you with this Agreement, as may be amended, restated, replaced or superseded from time to time.

Please report any violation of the Agreement to feedback@49st.com.

You understand and agree that unless expressly stated, 49st in no way controls, verifies or endorses any of the information contained on the Site or in the Service including listings, links, messages, advertisements and reviews.

Registration:

Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the 49st registration process. If you choose to register, you must submit a valid email address and select a username and password during the registration process and be at least 13 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify 49st immediately of any unauthorized use of your account. The collection, use and disclosure of any Personally Identifying Information you provide to 49st is governed by the terms of our Privacy Policy.

49st reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other Personally Identifying Information of another individual.

Registration is required to place a listing through our Service or to use other types of functionality that require the Service to recognize a user. If you decide to register or sign up for certain Services, you will need to give us certain Personally Identifying Information, such as a valid email address. You may also have the option to provide other Personally Identifying Information such as your address. This Personally Identifying Information will be used to personalize and improve your experience of our Service. This information will not be disclosed to any third-party, except for our third-party fulfillment partners such as email, ticketing and SMS partners, without your explicit consent. Please see our Privacy Policy for more information.

Registered users may choose to receive communications from us regarding our Service or the Sites. You may opt-out of receiving future communications as part of the registration process.

You can review and change your Personally Identifying Information or password at any time by going to your profile.

Content:

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site and Service, are the sole responsibility of the person or organization from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Site and Service. You understand that 49st does not control, and is not responsible for Content made available through the Site and Service, and that by using the Site and Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the Service and Content available through the Site may contain links to other websites, which are completely independent of 49st. 49st makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Under no circumstances will 49st be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and Service. You acknowledge that 49st shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.

User Conduct and Responsibilities:

As a condition to your use of the Site and the Service, you agree not to:

• Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
• 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;
• Reverse engineer, decompile or disassemble any of the software used to provide the Site or the Service;
• Interfere with or disrupt the Site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• Obtain, collect, store or modify the personal information about other users. 49st reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 49st may involve and cooperate with law enforcement authorities in prosecuting users who violate the Agreement. You acknowledge that 49st has no obligation to pre-screen or monitor your access to or use of the Site or the Service or any information, materials or other content provided or made available through the Site, but has the right to do so for the purpose of operating the Site and the Service, to ensure your compliance with the Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that 49st may, in the exercise of 49st Events Corp.'s sole discretion, remove or delete any postings, information, materials or other content that violates the Agreement or that is otherwise objectionable.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site for competitive or commercial purposes. 49st reserves the right to block automated programs that do not comply with these restrictions.
• Take events from 49st and reformat and display them, or mirror 49st results on a competitive or commercial web site. If you want to make competitive or commercial use of 49st, you must enter into an agreement with 49st to do so in advance. Please contact us for more information.

Please respect the rights of others and use the Site in the spirit in which it is intended. By using the Site you agree to be bound by the Agreement and are responsible for:

• Your conduct and any Content that you submit, post, and display on the Site.
• Any activity or Content associated with your screen name/ log in.
• Keeping your password secure.
• Not abusing, harassing, threatening, impersonating or intimidating other 49st users.
• Not using the Service for any illegal or unauthorized purpose.

International users agree to comply with all local laws regarding online conduct and acceptable content.

Prohibited Content Policy:

49st Events Corp. strives to facilitate the exchange of information while promoting respect and maintaining high standards in social networking. Accordingly, no 49st.com member, user, or associate may promote, post, add, upload, or display on the 49st.com website any or all of the following:

Abuse

• Any content or information used with malicious intent to target an individual and/or violate this individual’s right to privacy.

Inappropriate Content

• Content that is pornographic, obscene, or contains excessive use of profanity.
• Content or material that exploits children, or reveals information about children 13 years of age or under.
• Content that promotes illegal or harmful activities.
• Content that promotes or encourages racism, hatred, bigotry, and prejudice, or targets any group, culture, religion, or community.

49st Events Corp. reserves the right to remove any or all materials found to be in conflict with these Terms of Use, and to terminate membership and/or employment of anyone found to be in violation of this policy.

No Spam Policy:

You understand and agree that sending unsolicited email advertisements to 49st email addresses or through 49st computer systems is expressly prohibited by the Agreement. Any unauthorized use of 49st computer systems is a violation of this Agreement and certain federal, provincial and state laws which are applicable to the Site. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Ownership and Copyright:

All rights, titles and interests in and to the Site and the Service are and will remain the exclusive property of 49st and its licensors. “49st Events Corp.” and 49st logos, icons and other marks identifying 49st services or products are trademarks of 49st and may not be used without prior written permission. Except as otherwise expressly set forth in the Agreement, you may not copy, reproduce, distribute, or create derivative works of the Service or the Site without 49st Events Corp.’s express written authorization. All rights not expressly granted in the Agreement are reserved to 49st.

49st respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at feedback@49st.com. Filing a notice of infringement with 49st requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 and applicable sections of the Canada Copyright Act. The text of these statutes can be found at the U.S. Copyright Office website and at The Copyright Board of Canada's website, respectively.

Submissions of Information by you:

If you submit information to the Site, you grant 49st a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. No information you submit shall be deemed confidential. However, 49st agrees to use your information in accordance with our Privacy Policy applicable to Personally Identifying Information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO US.

By adding or submitting (« posting ») any Content to 49st Events Corp. via email or through the 49st Events Corp. website (49st.com), and/or by asking 49st Events Corp. to submit Content on your behalf, you hereby grant 49st Events Corp. a license to use, edit, enhance, display, publish, reproduce, and distribute such Content, in whole or in part, through the 49st Events Corp. website and any other company publication (Newsletter, RSS feeds, etc.) and incorporate this Content, in whole or in part, into derivative works.

This license is nonexclusive: you are free to license your Content to anyone else in addition to 49st Events Corp.

All submitted Content is sub-licensable: by submitting Content to 49st Events Corp. and/or asking 49st Events Corp. to submit Content on your behalf, you are granting 49st Events Corp. license to use, edit, enhance, display, publish, reproduce, and distribute such Content through its partners, affiliates and subcontractors locally, nationally, and globally.


By submitting Content to 49st Events Corp. and/or 49st.com, you attest that:

1. You are the owner of the Content submitted by you via email or through the 49st Events Corp. website (49st.com) or any other Content Submission entry point.
2. You have the right to grant the license set forth in this section.
3. Your submission of this Content and its subsequent publication on 49st.com and/or other company publications does not violate the privacy rights or copyrights of any other individual or entity.
4. The Content you submit is fully paid and royalty-free: 49st Events Corp. is not required to pay you or any other individual or entity for the use of the Content that you submit via email, through the 49st Events Corp. website (49st.com) or any other Content Submission entry point.
5. You agree to pay for all royalties or fees owed any other individual or entity as a result of your Content submission to 49st Events Corp.

49st Events Corp. owns and retains all rights to all Content published by 49st Events Corp. on its website (49st.com) and any other company publication or through its partners and affiliates.

Privacy & Information Disclosure:

49st has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.49st.com/privacy. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that 49st may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Agreement; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of 49st, its users, or the general public.

Limitation & Termination of Service:

You acknowledge that 49st may establish limits concerning use of the Service. You agree that 49st has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that 49st reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that 49st shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that 49st in its sole discretion, has the right (but not the obligation) to delete, deactivate, terminate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if 49st believes that you have acted inconsistently with the Agreement. Further, you agree that 49st shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.

Disclaimer of Warranties:

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. 49ST, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER 49ST, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 49ST ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations on Liability

IN NO EVENT SHALL 49ST, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF 49ST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, 49ST SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF 49ST TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO 49ST, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 49ST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You hereby agree to indemnify and hold 49st, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General information:

This Agreement, including any and all documents referenced herein constitute the entire agreement between 49st and you pertaining to the subject matter hereof. 49st Events Corp.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or rights. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that this Agreement and all documents relating hereto be drawn up in English. Les partis ont demandé que cette convention ainsi que tous les documents qui s'y attachent soient rédigés en anglais.