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Terms of Services for Event Owners

Welcome to the University of Minnesota Event Calendar/AudienceView Community Terms of Service (“TOS”), which govern all use of our Services (defined in 2.1, below).

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY provides any faculty or staff member with a valid Internet ID or Registered Student Organization or Campus Life Program with a valid department Internet ID with tools to plan, build, promote, sell and track tickets to any event. And we make it easy for everyone to discover events, and to market and share the events they are attending with the people they know.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY also provides tools for you to collect payments with respect to the sale of tickets/registrations regarding, events registered on the Site (“Events”), including Service Fees (as defined below) and ("Event Registration Fees"), from users who want to purchase or otherwise transact for tickets for Events ("Ticket Buyers"). Payments are all transacted through the PayPal or other Event Owner’s chosen payment processing gateway that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY supports (the "Gateway").

1. DEFINITIONS

In these terms of service “we” or “us” means the UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY.

The words “you” and “Event Owner” apply to you, if you are using this Service.

Event Registration Fees means there is a price of entry for the attendees set by the event owner. “Software" means any and all software that is available on or through the Site or the Services or otherwise provided by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY or its licensors, including without limitation mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder.

“Service Fees” means the cost of selling admissions on the event calendar for events that have an event registration fee (are not free). The service fee for selling event registrations on the event calendar is 5% of gross sales. You have the option of adding the 5% to the event registration fee so that the buyer covers the cost of the service fee.

2. ACCEPTANCE OF TERMS.

2.1 Overview.

These TOS apply to you and your use of the Services. For the Terms of Service Agreement that apply if you are a Ticket Buyer and/or other non-Event Owner user or visitor, please click here.

The TOS governs all your use of (a) UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY websites and domains (including all webpages, subdomains and subparts therein contained, (the "Site"), (b) any and all services available on or through the Site or otherwise provided by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY for your events, and (c) all Software ((collectively with (a) and (b), the "Services").

The Services are owned and operated by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY or its licensors. The Services are offered only under these TOS and all other operating rules, policies and procedures that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may establish from time to time in respect to the Services.

BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND Operating Rules, Policies And Procedures, Applicable Laws, Rules And Regulations (The “Rules”) THAT UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY MAY ESTABLISH FROM TIME TO TIME IN RESPECT TO THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE RULES, YOU MAY NOT USE OR ACCESS THE SERVICES.

3. YOUR REGISTRATION OBLIGATIONS

To access certain functionality of the Services, you must be a registered user of the Services. To be a registered user of the Services as an Event Owner you agree to: (a) provide accurate, current, and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current or incomplete, or UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY has reason to believe that such information is inaccurate, not current or incomplete, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). You must be any faculty or staff member with a valid Internet ID or Registered Student Organization or Campus Life Program with a valid department Internet ID to use the UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to third party service providers used by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in connection with providing the Services) related to refunds issued to Ticket Buyers. You agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

4. ACCOUNT, PASSWORD, AND SECURITY

As part of the Site registration process, you must create a password and account. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account.

You agree to (a) immediately notify UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall be the sole arbiter of such dispute in its sole discretion and that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

5. USE OF THE SERVICES.

5.1 The Services.

Only a faculty or staff member with a valid Internet ID or a Registered Student Organization or Campus Life Program with a valid department Internet ID may use the Services. Subject to your compliance with the terms hereof, and operating rules, policies and procedures, applicable laws, rules and regulations (the “Rules”).

5.2. License Terms.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY hereby grants you a non-exclusive, non-transferable, non-sub licensable, revocable right to access and use the Services solely for the purposes of listing your event, creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for an Event that you have registered on the Site. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Registration Fees through the Site as an Event Owner in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

5.3 Software License.

If you are allowed to download or use any Software in connection with the Services, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in conjunction with the Software.

5.4 Software Use and Restrictions.

The Software and the transmission of applicable data are subject to applicable export controls. No Software may be downloaded or otherwise exported or re-exported in violation of such export laws. Downloading or using the Software is at your sole risk, and UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY makes no representations or warranties that your use of the Services is legal or permissible in your jurisdiction. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.

5.5 Access and Disruption

You understand and agree that the Services may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (iii) causes beyond our control or which are not reasonably foreseeable by us, such as acts of government or the malicious or criminal acts of third parties. The Services are offered “AS-IS”, “WHERE IS” and as-available. We have no control over your ability to access the Services at any particular time and we are not responsible for any limitation of services due to technical difficulties beyond our control, including any interruption of service in providing the Services.

5.6 Your Representations and Warranties

You represent and warrant the following (i) you are a producer, promoter, presenter, organizer or manager of the Event; (ii) you have the authority and right to offer, sell and honor the tickets to the Event sold through the Services; (iii) the Event itself and any material or content provided by you to us for use on the Services is/are not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable as determined by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in its sole discretion, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; and (iv) the Event and the sale of tickets to the Event does not constitute a violation of any federal, state, and/or local law, or the Rules.

6. PAYMENT METHODS.

6.1 Overview

The default processing option for Event Owners when using the Services is PayPal, which requires the use of the Gateway for the collection of Event Registration Fees. When using the Services, monetary payments must be made to the Event Owner by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY via the Enterprise Financial Service (“EFS”), or other payment method if we agree in advance in writing with you to such other payment methods in compliance with the Rules.

6.2 Credit Card Processing.

a. Gateway; Payment Process.

When a prospective Ticket Buyer purchases a ticket or other materials in respect to an Event, PayPal (on UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY’S behalf) acts as the payment processor for such transactions. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY will collect all Event Registration Fees from Ticket Buyers on behalf of the Event Owner and deduct therefrom all applicable Service Fees and Credit Card Processing Fees, and other deductions as set forth in this TOS and as may be otherwise agreed between you and us. Unless otherwise agreed in writing, such fees are 5% of the entire gross sales revenue of your Event, which includes, but is not limited to, all amounts you collect including using these Services.

Such funds will be paid within ten business (10) days after the closure and settlement of your Event through an electronic funds transfer to the University of Minnesota by using the EFS number provided to us by you.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right to withhold funds (i) at any time as UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS, and any separate written agreement between you and us.

Event Owner agrees that all Event Registration Fees for a given Event are earned by Event Owner only following conclusion of the applicable Event and all Event Registration Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable Event or otherwise.

With respect to any Event that is cancelled, no payments shall be made to you by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY. If payments have already been made by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY to you for a cancelled Event, you shall immediately refund to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY all such payments. All sales, fees, charges, and funds are payable in US dollars. EVENT OWNER AGREES THAT ANY PAYMENT BY UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY OF EVENT REGISTRATION FEES PRIOR TO THE FIFTH (5th ) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE EVENT IS MERELY AN ADVANCE OF AMOUNTS THAT MAY BECOME DUE TO EVENT OWNER UNDER THIS TOS AND THAT UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY MAY DEMAND SUCH ADVANCES BACK AND EVENT OWNER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FIVE (5) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY.

b. Confirmation.

Upon receipt of a credit card authorization from each individual ticket purchase, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY generates a confirmation message and issues a unique confirmation number to the Ticket Buyer. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY through the Services, and it is your responsibility to verify the Ticket Buyer's membership status, confirmation number and/or any Event restrictions prior to the Event.

c. Refunds

It is the responsibility of the Event Owner to communicate the refund policy of ‘no refunds or exchanges’ to Ticket Buyers. For extenuating circumstances/event cancellations, postponements, or rescheduled events , you agree to work with the UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY to facilitate the issuance of refunds to Ticket Buyers via the Site. You shall ensure that your refund policy is in compliance with the terms of this TOS and the Rules, and in accordance with your communicated policies. Such refunds shall be advances against any payment we may owe you relating to an Event. Once an Event is closed and settled, we will not make any refunds. Such refunds are your responsibility.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY. All communications or disputes regarding refunds shall be between the Event Owner and Ticket Buyer. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY will not be responsible or liable for, and Event Owner hereby agrees to fully indemnify UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, its licensors and their affiliates for, refunds, errors in issuing refunds, or lack of refunds.

Notwithstanding the foregoing, you acknowledge and agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY receives complaints from a substantial number (as determined by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in its sole discretion) of Ticket Buyers with respect to the applicable Event or another Event held by Event Owner, or UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY determines in its sole discretion that Event Owner has engaged in any fraudulent activity or made any misrepresentations or otherwise violated this TOS or the Rules. Further, if one or more Ticket Buyer(s) request a refund, whether due to a cancelled Event or for any other reason UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may, in its sole discretion, issue such refund to such Buyer(s), and Event Owner shall then owe the amount of such refund to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY.

d. Credit Card Chargebacks.

Credit Card Chargebacks may occur where a Buyer disputes with the Credit Card Processor, for any reason, a transaction on their credit card. Any credit card chargebacks initiated by a Ticket Buyer for any reason with respect to an Event shall be charged back to the Event Owner of such Event. All communications and disputes regarding chargebacks shall be between the Event Owner and Ticket Buyer (with the involvement of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY when appropriate, in its sole discretion). UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall not be responsible or liable in any way for, and Event Owner hereby agrees to fully indemnify UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, its licensors, and their affiliates for, chargebacks issued in the course of the use of Credit Card Processing that occur after closure and settlement with respect to an Event.

6.3 Non-Exclusive Remedies

a. Payment and Set-Off

If an Event Owner fails to pay to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per year, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Event Owner to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY under this TOS or otherwise, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may, without limiting its other rights and remedies, (i) deduct such amounts from Event Owner's outstanding balance, whether for that particular Event or for any other Event that Event Owner lists through the Services; and/or (ii) send an invoice to Event Owner for such amounts to the extent Event Owner's outstanding balance is insufficient to cover these costs. In such case Event Owner shall pay UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY hereunder are not made by Event Owner when due, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Event Owner's registration for the Services (including any and all accounts that Event Owner may have) and to cancel all other Events listed by Event Owner.

b. Taxes; Withholding.

You are solely responsible for collecting and remitting any and all taxes associated with your activities on or in respect to the Services. In addition, if you surpass certain volume thresholds in a given calendar year, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may be required to report those transactions to the appropriate taxation authorities, along with your name, address, Tax Identification Number and any other applicable information. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY will contact you during the year for this information if you meet these thresholds. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right to withhold the payment of any amounts owed to you hereunder if (i) UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations, the Rules, or (ii) UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY is required to do so by applicable laws or regulations, Such withholding may be temporary or permanent as determined by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY.

7. SERVICE MODIFICATIONS/SUSPENSIONS

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

8. TERMINATION

Without limiting in any way any other rights or remedies that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may have, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors, in their sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, or if UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, disclaimers of warranties, and intellectual property protections and licenses).

9. CONTENT

9.1 Site Content

You acknowledge that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, its licensors and their designees have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY or its licensors, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks and across national borders; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may own the Site Content or portions of the Site Content may be made available to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY through arrangements with third parties. Except as expressly authorized by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any purpose is strictly prohibited without the express prior written permission of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY. You shall use the Site Content only for purposes that are permitted by this TOS, the Rules, and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY.

9.2 Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and is not otherwise unlawful and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right to remove any of Your Content from the Site at any time if UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY believes in its sole discretion that it does not comply with this TOS, or the Rules. In addition, you agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY both on the Site and in marketing and promotional materials. Notwithstanding the foregoing, Your Content shall not include any non-identifiable aggregate data compiled or collected by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in connection with your, or any third party’s use of the Services (including, without limitation, information received from Google Analytics) (“Data”), which, as between you and UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall be owned exclusive by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY. To the extent that the Data is, or cannot pursuant to applicable law be owned, by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, you hereby grant to UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY an exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit.

9.3 Certain Restrictions

You understand that you are liable for Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Ticket Buyers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • stalk or otherwise harass any person or Entity.
  • Facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
  • impersonate any person or entity, including, but not limited to, a UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY representative or forum leader, 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 Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to Events listed on the Site and other goods and services being sold or provided in conjunction with such Events;
  • upload, post, email, transmit or otherwise make available any Content 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 or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by AV Community);
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.).

10. SUB-DOMAINS.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix]). All such sub-domains are the sole property of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY. In the Event UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY provides you with a sub-domain, your right to use such sub-domain may be terminated by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY at any time (with or without notice) for any reason or no reason.

11. LINKS

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY has no control over such websites and resources, you acknowledge and agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

12. TRADEMARK INFORMATION.

The trademarks, service marks, and logos of, the University of Minnesota, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY or its licensors (the "(“U Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY or its licensors. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY specific for each such use. The Trademarks may not be used to disparage UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY, any third party or UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY’s third party's products or services, or in any manner (in UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY Trademark shall inure to AV Community's benefit.

13. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY (INCLUDING ITS LICENSORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, TICKET BUYER OR OTHER NON-EVENT OWNER, EVENT OWNER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE.

YOU ACKNOWLEDGE THAT UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING TICKET BUYERS', OTHER NON-EVENT OWNERS' AND EVENT OWNERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING TICKET BUYERS AND EVENT OWNERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS ARE NOT AFFILIATED WITH, AND HAVE NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY AND ITS LICENSORS HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. PRIVACY.

All information provided by you or collected by UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY in connection with the Services is governed the University of Minnesota Privacy Policy, which is located at www.umn.edu which is hereby incorporated by reference into this TOS. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY strongly recommends that you review the Privacy Policy closely. In particular, Event Owners should note that UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may use information or Data it receives or collects regarding Ticket Buyers in accordance with the terms of the Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Ticket Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors shall not be responsible for protecting any such information and are not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and its licensors do not control and shall not be responsible for the acts of you or any other users (whether Event Owners, Ticket Buyers, other non-Event Owners or otherwise) of the Services.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY

15. SUPPORT.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY may provide technical and other customer support to you should you have any questions or difficulties which may arise in connection with your use of our Services. You can access support at events@umn.edu.

16. GENERAL PROVISIONS

16.1 Modification.

UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease using the Services.

16.2 Language.

We may translate this TOS, our Privacy Policy or the Rules, into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

16 .3 Choice of Law.

The laws of the State of Minnesota shall govern the validity, enforcement, and interpretation of this TOS, without regard to conflict of law principles.

16.4 Waiver; Invalid Provisions

The failure or delay of UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

16.5 Titles

The section titles in this TOS are for convenience only and have no legal or contractual effect.

16.6 Violations.

Please report any violations of this TOS by email to events@umn.edu.

16.7 Entire Agreement

This TOS constitutes the entire agreement between you and UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY and governs your use of the Services as an Event Owner, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY on the subject matter hereof, other than any written Ticketing Services Agreement or Addendum Agreement between you and UNIVERSITY OF MINNESOTA EVENT CALENDAR/AUDIENCEVIEW COMMUNITY relating to a specified Event or Events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

END OF THIS DOCUMENT