Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the services powered by Common.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

The following terms of use (the “Terms of Use”) govern your access to and use of: (a) our website; (b) any mobile device software provided by us to you; (c) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) to (c); and (d) all other Content, products or services provided by us to you.

These Terms of Use form an agreement between Common and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Common’s Services.

By using our services in any way, you confirm that you: (a) represent and warrant that (i) you have reached the age of majority in your jurisdiction, (ii) you have the capacity to enter into binding obligations, and (iii) all information you provide to us is true, accurate, current, and complete; and (b) agree to be bound by and comply with these Terms of Use, as updated from from time to time. If you are using our services on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

Section 1

Events powered by Common are organized by event hosts. We are a third party service providing the technology for managing events, and are not responsible or liable: (a) for event cancellations by the host; (b) for any content or activities related to the event; and (c) for the accuracy of the event information provided by the host, including the time and connection details.

If you have an issue or question regarding any of the above, you must contact the event host. Hosts have full control over their events, and it is their responsibility to inform you of any relevant terms or policies that apply to your use of the Service outside of these Terms, as well as to respond to and resolve any disputes that you may have regarding their events.

Section 2

You agree that unless we agree otherwise in writing, you grant us and applicable hosts an unrestricted, worldwide, irrevocable, non-exclusive and royalty-free right to use, adapt, modify, publish, translate, distribute and display any Content you provide us on the Service, in any form or media.

Section 3

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Section 4

When you use or view our Services or send emails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email, by text message or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By creating an account to access our Services, you acknowledge that we will send you service-related emails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using our Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications exchanged or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption. You further authorize us to share your email address and other Personal Information (as defined below). By using the Services, you acknowledge and agree that we will be transmitting certain of your Personal Information electronically. You acknowledge and agree that you are solely responsible for providing us with accurate contact information, including your mobile device number and email address, where we may send communications in accordance with these Terms of Use and our Privacy Policy.

Section 5

You must not use the Service in any unlawful or fraudulent manner, or in a way that could damage or compromise our systems or security. And you must not access the Service by any means other than our publicly supported interfaces.

You must not use our Services in violation of these Terms of Use  or of any applicable law, or in the case of third party materials, websites or content accessed through or provided with the Services. You will not, without our prior written permission, use the Services for purposes other than to access and use the Services we make available through our solutions. Without limiting the generality of the foregoing, you further represent and warrant to and covenant with Common that you will not (and will not attempt to) directly or indirectly:

• Disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services provided by Common (e.g., a denial of service attack);

• Attempt to gain unauthorized access to us, or bypass any measures we may use to prevent or restrict access to our Services, attempt to circumvent the intended features, functionality or limitations of the Services, or otherwise use, copy, distribute, or make available the Services for commercially exploitation;

• Send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Common any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (ix) contains information about an identifiable individual, other than as required by Common;

• Use the Services in a manner which, in the opinion of Common may bring Common or any of its associated parties and/or entities into public disrepute, contempt, scandal or ridicule, would adversely affect the reputation or goodwill of Common or any of its associated parties and/or entities, or adversely affect the relationship between Common and any of its associated parties and/or entities or other users;

• Use the Services to store or transmit material that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, obscene, or otherwise objectionable or unlawful;

• Use the Services for any activities where the use or failure of the Services would reasonably be expected to result in death, serious personal injury, or severe environmental or property damage (such as the creation or operation of weaponry);

• Use the Services to transmit, store, or process health information subject to jurisdictional regulations;

• Use the Services to generate political propaganda;

• Use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;

• Remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices;

• Use the Services or any Content that you receive through or from the Services for the purpose of building a similar or competitive product or service;

• Perform any vulnerability, penetration or similar testing of the Services;

• Use the Services or Content to stalk, harass or harm another individual;

• Mirror or frame the Services or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or

• Authorize, permit, enable, induce or encourage any third party to do any of the above.

Section 6

If you import people’s data into Common (e.g. names, emails, etc.), you must have their explicit consent to import them and send them emails.

Section 7

Common’s use and collection of personal information is governed by our Privacy Policy. We are firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that our collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Section 8

If our Services are provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

• The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for Common and content thereof is governed by these Terms of Use;

• Notwithstanding anything to the contrary hereunder, you may use the Services only on Apple Inc. devices that you own or control;

• You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the products and Services provided by us;

You represent and warrant that you are not: (i) located in any country that is subject to a Canadian and/or U.S. Government embargo, or that has been designated by the Canadian and/or U.S. Government as a “terrorist supporting” country; or (ii) listed on any Canada and/or U.S. Government list of prohibited or restricted parties;

Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement or the App Store Terms of Service, the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

Section 9

All content and other materials available on our websites and presented as part of the Service, including, without limitation, trademarks, service marks, trade names, images, audio, text, software, and the branding are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission, except when such actions occur in connection with bona fide uses of the Service through our publicly supported interfaces. In this regard, users are prohibited from downloading, republication, retransmission, reproduction, or other use of any image (and other similar content) as a stand-alone file. Furthermore, Site Content may not be used in any manner that is likely to cause confusion among consumers.

Section 10

We welcome feedback on our Service. However, you agree that any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you send us are not confidential. You hereby assign such Submissions to us without compensation (or the expectation of compensation), and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable, fully paid-up, and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you.

Section 11

You agree that the use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.  We make no warranty that the service will meet your requirements, be accurate, complete, current or timely, uninterrupted, secure, or free from errors. You are solely responsible if there are any damages to your computer, computer network, or data (including loss or breach of data. We do not warrant that the service is completely free of defects, viruses, malfunctions, or harmful components that may damage or allow unauthorized access to your computer, computer network, or data. We are not responsible for any loss or damage caused, or allegedly caused, directly or indirectly, by the information or services contained, suggested, referenced or provided by us.

Section 12

We, including our subsidiaries, affiliates, respective shareholders, and employees, shall not be liable in contract, tort (including negligence), or otherwise for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the Service, including but not limited to, damages or loss in revenue, data, or other intangibles even if foreseeable. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.

Without limiting the foregoing, under no circumstances will Common or affiliated parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Section 13

You agree to indemnify, hold harmless, and release us, our subsidiaries, our affiliates, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to your access, use, attempted use, inability to use, or misuse of the Service or noncompliance with these Terms of Use. We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

 

You will defend, indemnify and hold harmless Common and its affiliated parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Services.

Section 14

The Terms of Use will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.

 

The Service is created and controlled by Common in the Province of Ontario, Canada. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and federally under the laws of Canada, without regard to its conflicts of law provisions. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Service must be brought in a federal or provincial court located in Ontario, and that your claim(s) will be forever waived and barred unless filed within one year of the time in which the event(s) giving rise to such claim(s) began. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Section 15

The laws of certain jurisdictions, which may include Quebec, do not allow the exclusion or limitation of certain legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in this Terms of Use may not apply and you may have additional rights. To the extent that we may not, as a matter of application law, disclaim any implied warranty or condition, the scope and duration of such warranty or condition will be the minimum permitted under such applicable law.

 

Section 16

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Section 17

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

Section 18

If you have any questions regarding these Terms, please contact us at info@common-events.com for more information.