Terms of Use

 

Effective Date: September 25, 2019

 

EventLink LLC (“EventLink”, the “Company,” “our”, “we” or “us”) thanks you for visiting our website www.go2eventlink.com (“Website”). We are a digital and experiential marketing agency that operates sweepstakes, contests, games and incentive, loyalty programs and LIVE event activations on behalf of our clients (our “Services’). In doing so, we collect information from those individuals who choose to enter or participate in a particular promotion/program via our Services.

These Terms of Use explain the terms and conditions that apply when you visit Website, use of Services, or otherwise engage with our Platform. Please read these Terms of Use along with our Privacy Policy carefully to understand our policies and practices regarding how we use and treat information we collect in the process of providing our Services as this Privacy Policy along with our Terms of Use constitute a binding contract between you and us (“Agreement”). If you do not agree with our policies and practices as outlined in this Privacy Policy and our Terms of Use, your recourse is to not to use our Services and/or visit our Website including by not providing any information to us via in-person, email, phone, fax, or our Website. By accessing or using our Services or continuing to use or otherwise access our Website, however, you agree to the terms of and to be bound by the Agreement.

These Terms of Use (“Terms,” including our Privacy Policy, and Data Processing Addendum, as may be applicable to you) define the terms and conditions under which you are allowed to use the Service in accordance with the Agreement. These Terms may change from time to time. Your continued use of our Services and/or Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy and our Terms of Use whenever you access our Website or Services or otherwise provide us any information.

 

Eligibility

You must be 18 or older to use our Services. Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information to us or via our Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via our Services or on or through any of our Website’s features, sign up for any of our Services or provide any information about yourself to us, including your name, address, telephone number, email address, etc. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Info@go2eventlink.com.

To use our Services, you must not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

We may refuse to provide our Services, close accounts, and change eligibility requirements at any time.

 

Introduction 

Our Service

We are a digital and experiential marketing agency that operates sweepstakes, contests, games and incentive, loyalty programs and LIVE event activations on behalf of our Clients (defined below) (our “Service” or “Services”). In doing so, we collect information from those individuals who choose to enter or participate in a particular promotion/program with our Clients. The Service is provided to our Clients pursuant to services and other agreements and subject to the payment of a fee for such Services.

 

Our Platform

In connection with the promotion of our Services, we have developed and operate on online platform that allows Brand Ambassadors for our Clients to submit information they collect about individuals so that we can use that information to provide our Services to our Clients. All such methods of promotion and sale of the Service are designated as the “Platform“.

Essentially, we work with other businesses and, therefore, we work with businesses who pay for our Services, i.e., our “Clients” and work with them through their authorized users who act as their “Brand Ambassadors” who our Client has authorized them to interact with use and our Services on our Client’s behalf.

 

Rules and Abuse

General Rules

By agreeing to these Terms, you promise to follow these rules:

  • You will not send spam or submit spam through our Platform or Services.
  • You will not use purchased, rented, or third-party lists of email addresses.
  • You will comply with all agreements and policies in place between us.

We do not allow accounts or Content that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

 

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from us or one of our Clients, please report it to our abuse team. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy.

 

Bandwidth Abuse/Throttling

You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else.

 

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you are subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service does not meet those requirements as we do not enter into Business Associate Agreements with our Clients and are not otherwise a “covered entity” for purposes of complying with HIPAA. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.

If you collect any information, including Personal Data, pertaining to a minor and submit that information via our Platform or store such information within your account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

If you are located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Member an “EEA Member”), you agree, represent and warrant (as applicable) to us that:

  • You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to our Privacy Policy.
  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared by us for the purposes of providing the Service or as otherwise directed by you.
  • You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  • You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable us to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with our Privacy Policy.
  • You are subject to our Data Processing Addendum (“DPA”), which will apply when and to the extent we processes Personal Data protected by Data Protection Laws applicable to the EEA (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms.

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses,that result from your breach of this Section on Compliance with Laws.

 

Export Controls

The software that supports the Website and our Services (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you will not directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

This Section is not meant to provide a comprehensive summary of the Export Control Laws that govern us, the Website, our Platform, our Services, or the Software. You are downloading and using the Software at your own risk, and it is your responsibility to consult with a legal advisor to make sure your use of the Service, Platform, and the Software complies with applicable laws.

 

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service or Platform; (ii) we will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we not be liable for any losses or damages you suffer if you use the Service or Platform in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

 

No Warranties

To the maximum extent permitted by law, we provide the Service and Platform as-is. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since our Clients use the Service for a variety of reasons, we can’t guarantee that it will meet your specific needs.

 

Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, Website or Platform, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

 

Equitable Relief

Your violation of these Terms may cause irreparable harm to us so we retain the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

 

Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

 

Copyright and Trademark Policy

 We respect the intellectual property rights of others and expect our users and Clients to do the same. These Terms prohibit our users and Clients from violating someone else’s intellectual property rights, including copyright and trademark.

If you believe Content that belongs to you is being used through our Services, Platform or Website without your permission, we want to know about it. You can send notice of the alleged infringement to our designated agent. Here’s his contact information:

Copyright and Trademark Counsel
EventLink LLC
5500 18 Mile Rd.
Sterling Heights, MI 48314
info@go2eventlink.com
Telephone: (248) 585-0520

 

If you do send us a notice, please note that we may forward your notice, including your contact information, to the user who posted or used the content that you are complaining about. If you are not sure whether content on our Website or sent through our Service infringes your intellectual rights, then you may want to speak with legal counsel in your area before notifying us.

Finally, before sending us a notice you may want to reach out to the person or organization who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organization without contacting us.

 

Copyright

When reporting a claim of copyright infringement, please ensure your notice includes the following:

  • The name, address, telephone number, and email address of the copyright owner;
  • An identification or description of the copyrighted work that you claim is being infringed;
  • A description of the content on our Websites or sent through our Service that you claim infringes your copyright;
  • An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
  • A statement that: (a) you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or you are authorized to act on behalf of the copyright owner; and
  • An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.

 

Trademark

When reporting a claim of trademark infringement, please ensure your notice includes the following:

  • The name, address, telephone number, and email address of the trademark owner;
  • An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
  • A description of the content on our Websites or sent through our Service that you claim infringes your trademark, including an explanation of how you believe the content is infringing;
  • An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);A statement that: (a) you have a good faith belief that the use isn’t authorized by the trademark owner, its agent or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or you are authorized to act on behalf of the trademark owner; and
  • An electronic or physical signature from the trademark owner or someone authorized to act on their behalf

This Copyright and Trademark Policy applies to the websites where we offers our Services, and applies to all uses of our Services.

 

Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

 

Choice of Law

The State of Florida’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Miami-Dade County, Florida, and each party consents to personal jurisdiction in those courts.

 

Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

 

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us and by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

 

Severability

If it turns out that a section of these Terms is not enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

 

Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

 

No Changes in Terms at Request of a User or Client

Because we have so many Clients, we cannot change these Terms for any one user or Client.

 

Notification of Security Incident or Breach

If we become aware of a security incident or breach related to our systems or databases that contain Personal Information of one of our users or our Client’s contacts or leads, we will notify you if required by law. In that event, we will also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we are otherwise prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident, breach or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of us for such incident.

 

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, EventLink LLC 5500 18 Mile Rd.Sterling Heights, MI 48314, Email: info@go2eventlink.com, or any addresses as we may later post on the Website.

 

Entire Agreement

These Terms, our Privacy Policy, and any additional agreements you have entered into with us agreed to, including any Master Services Agreement, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. In terms of priority, to the extent stated terms conflict, the Master Services Agreement controls, then any other written agreements you have in place with us, then these Terms, then the Privacy Policy. If an agreement is silent on an area, the express written terms in any of these documents controls. In other words, where there is a conflict between these Terms and any additional agreements, the terms in the additional agreements will control to the extent of the conflict.

 

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