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      Terms of Service

      Last revised May 28, 2020

      The following describes the terms by which Eventful, LLC ("Eventful") offers You (as defined below) access to its website and services:

      • Acceptance of Terms. Eventful provides a collection of online resources, including search, browse, user profile pages, community pages, event detail pages, venue detail pages, performer detail pages, the "Demand It!" service, comments, link sharing, tags, calendar tools, data input tools, web services application programming interfaces (APIs), as well as mobile versions thereof and social networking service pages and applications (collectively the "Site"), and related services available on or through the Site (together with the Site, the "Service"). Eventful and any and all entities that control, are controlled by, or are affiliated or under common control with Eventful, are collectively referred to herein as "We", "Us", or "Our." "You" or "Your" refers to You, a user of the Service or the parent or legal guardian (over the age of 18) of any user of the Service who is a minor in his or her state of residence.

        By accessing and/or using the Service in any way, You are agreeing to comply with these Terms of Service ("Terms"). Please review these Terms carefully before using the Services, which guidelines may change from time to time. should You object to any term or condition of these Terms, and guidelines, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.

        We may occasionally change these Terms, so We encourage You to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each Service. If You continue to use the Service after We change the Terms, You accept all changes.

        YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND EVENTFUL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND/OR TO PARTICIPATE IN A CLASS ACTION

      • Privacy Policy; Additional Terms. The Privacy Policy, which is hereby incorporated into these Terms, describes Our practices concerning data in compliance with the Provacy Policy. Additional terms may apply to Your use of the Service, including Our Terms of Use (collectively, "Additional Terms") as well as all applicable laws and regulations. We will provide these terms to You or post them on the Service to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any Additional Terms that apply to a particular Service, the Additional Terms will contorl. Your use of the Service signifies acknowledgement of, and agreement to, the Privacy Policy and Additional Terms.

      • Content. You understand that all postings, messages, text, files, images, photos, video, sounds, and/or other information or materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the persom from whom such Content originated. More specifically, You are entirely responsible for all Content that You provide or otherwise make available through the Service. You understand that We do not control and are not responsible for Content made available through the Service, and that by using the Service, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and any Content available through the Service may contain links to third-party sites that are completely independent from Us and over which We have no control. If You use these links, You will leave the Site. We make no representation or warranty as to the quality, suitability, functionality or legality of any such third-party site or to the accuracy, completeness or authenticity of the information contained in any such third-party site. You acknowledge and accept that when You link to a third-party site, You are doing so at Your own risk. You agree that to evealuate and bear all risks associated with the use of any Content, that You may not rely on such Content, and that under no circumstances will We be liable to You or any third party in any way for any Content or for any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, emailed or otherwise made available vie the Service. You hereby copmletely and irrevocably release and forever discharge Us from and waive any claim You might have against Us with respect to such third-party sites. You acknowledge that We do not pre-screen or approve Content, but that We at all times have the right (but not the obligation) in Our sole discretion to refuse, delete and/or move any Content that is made available via the Service for violating the letter or spirit of these Terms or for any other reason in Our sole and absolute discretion.

        Although We do not claim ownership of Content that users post, by posting Content to and public area of the Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. You further acknowledge and agree that We may, in Our sole discretion, preserve or disclose Your Content, as well as Your information, such as email addresses, IP addresses, time-stamps, and other user-information, if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessarry to comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or Our peronal safety or that of users or the general public.

      • Registration. You may browse the Site and view Content without registering, but as a condition to using certain aspects of the service, You will be required to establish a user account ("User Account") by providing Your email address, zip code, gender and date of birth, and selecting a password. You are responsible for maintaining the confidentiality of Your User Account and password. Your User Account shall not use an email address belonging to anyone other than yourself without appropriate authorization or use the email address of another person with intent to impersonate that person. You shall be responsible for all uses of Your User Account, whether or not authorized by You. You will immediately notify Us in writing of any unauthorized use of Your User Account, or other account-related security breach of which You are aware. You also agree to provide Us with true, accurate, current and complete information about yourself. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may immediately suspend or terminate Your User Account and refuse any and all current or future use of the Service (or any portion thereof) by You in our sole discretion. We are not liable for any harm caused by or related to the theft or misappropriation of Your User Account due to Your failure to take reasonable measures to maintain the confidentiality of You User Account. If You have reason to believe that Your User Account is no longer secure, You must promptly change Your password to the Site. In the event of any dispute between two or more parties as to ownership of a User Account, You agree that We will be the sole arbiter of such dispute in Our sole discretion and that Our decision (which may include termination or suspension of any User Account subject to dispute) will be final and binding on all parties.

      • Communications. In the course of providing the Service, We will use the information that You provide to Us when You establish a User Account to communicate with You via email, deliver certain services and notices based on the communication settings You have selected, and to improve and tailor the content and general administration of the Site. You agree to receive communications that are specific to Your User Account and necessary for the normal functioning of the Service, including but not limited to notifications about performers and events in which You have expressed an interest.

      • Purchases of Additional Services. We offer User Account holders certain additional features, options and upgrades for a fee as may be described more fully on Our Site and/or in an applicable quote, pricing form, order form, or similar document (each, a "Upgrade Order"). Unless otherwise amended in writing in the form of a separate agreement between You and Us, each Upgrade Order will be governed by these Terms. If You wish to purchase such additional services (each, a "Purchase"), You will be asked to provide certain information applicable to Your Purchase, including, without limitation, payment card and other information. Any such information You provide to Us will be treated in the manner described in Our Privacy Policy. You agree to pay all charges incurred by You (or any users of Your User Account) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your Purchases. You grant Us the right to provide any information You submit to third parties for purposes of facilitating the completion of Purchases initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Purchase. In addition to these Terms, Your Purchase is subject to any Additional Terms applicable to such services or features. You represent and warrant that all information You provide related to Your Purchase, including, but not limited to, all information concerning Your name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and that You will update all information as it changes. You agree that You will only use payment cards belonging to You or for which You are expressly authorized to use. You further agree that You will not attempt to conceal Your identity by using multiple Internet Protocol ("IP") addresses or email addresses. If We are unable to verify or authenticate any information You provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize Your payment card or bank account information, Your Purchase may be cancelled, We may refuse to honor all pending and future purchases made on such payment card accounts and/or on any User Accounts associated with such payment card accounts, and You may be prohibited from using the Service.

      • "Demand It!" Service. Our "Demand It!" service allows users of the Service to indicate their interest in having specific events occur in their city, which preference data is aggregated and made available to users of the Service, performers and others. We make no representation or warranty regarding the reliability, accuracy, completeness or validity of the Demand service and related data, and We express disclaim any representation or warranty, implied or otherwise, that the Demand service and related data is free of inaccuracies, errors, bugs, or interruptions.

      • Conduct. In connection with Your use of the Service, You agree to adhere to the following conduct requirements:

        1. You must be 13 years of age or older to use the Service.

        2. You are solely responsible for: (a) Your conduct and any Content that You submit, post, or display on the Site, (b) any activity or Content associated with Your User Account, and (c) keeping Your User Account password secure.

        3. You must not, nor permit anyone else to, indirectly or directly, submit Content that: (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, infringing, invasive of another’s privacy, or harms minors in any way, (b) degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, (c) impersonates any person or entity, including, but not limited to, Our employees, or falsely states or otherwise misrepresents Your affiliation with a person or entity, (d) includes non-public personal or identifying information about another person without that person's explicit consent, constitutes trade secrets of any third party, or constitutes material, non-public information about companies without the authorization to do so, or (e) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".

        4. You shall not, nor permit anyone else to, indirectly or directly: (a) use the Service for any illegal or unauthorized purpose or violate any laws (including but not limited to copyright laws) by Your use of the Service, (b) modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Eventful, (c) restrict or inhibit any other visitor from using the Site or harvest or collect information about Site visitors or users without their express consent, (d) create or submit intentionally false or misleading information, (e) engage in spamming or flooding or transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature, or (f) use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without Our prior written consent, including with respect to any CAPTCHA displayed on the Site.

        5. You must get Our express written authorization before You can use any portion of the Service, including any Content or use of Our API, for any commercial purpose.

      • Violations and Termination. Violations of these Terms, including unauthorized use of the Service, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and injunctive redress. You agree that We have the right (but not the obligation), in Our sole discretion, to delete or deactivate Your User Account, block Your email or IP address, refuse to honor pending and future purchases made from all payment card accounts or online accounts that We believe may be associated with You, or otherwise terminate Your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if We believe that You or any person with whom We believe You act in concert, have acted inconsistently with the letter or spirit of these Terms or violates Our rights or the rights of another user of the Service. YOU AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY TO US FOR VIOLATIONS OF THESE TERMS OF USE AND YOU HEREBY EXPRESSLY CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS. We are not required to provide any refund to You if We exercise any of Our rights or remedies because You have violated these Terms or any of Our rights. We reserve the right to modify, suspend, discontinue or terminate all or any portion of the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and User Accounts containing Content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violate any party's intellectual property or these Terms.

      • Ownership. Excluding the Content, all other information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by Us or Our licensors, and are intended to provide information about events and other services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and "look and feel" and arrangement of items, is owned and operated by Us and will remain Our exclusive property. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that You do not acquire any ownership rights by using the Service or the Materials. You shall not challenge, contest or otherwise impair Our ownership of the Site and the content therein.

      • Copyright Complaints; Other Legal Complaints. If You believe that Content on the Site violates Your copyright, please send Us a notice of the violation as set forth in the Terms of Use. If You have a legal complaint regarding the Service other than copyright matters, You may also submit comments as set forth in the Terms of Use.

      • Disclaimer of Warranties. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..

      • Limitations of Liabilities. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

        WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVENTFUL; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VI) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CONDUCT REQUIREMENTS; (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (VIII) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (IX) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (X) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XI) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XII) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

      • Indemnnification. You agree to defend, indemnify, and hold harmless Eventful, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns, with respect to all claims, costs (including, without limitation, attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with Your use or misuse of the Service (including, without limitation, use of Your User Account, whether or not authorized by You, and claims arising from Your Content), Your violation of any law, statute, ordinance or regulation or the violation of the rights of any third party. We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases You agree to cooperate with Us to defend such claim. You may not settle any claim covered by this Indemnification section of the Terms without Our prior written approval.

      • Arbitration Agreement; No Class Action. You hereby agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of when the claims arise. However, We both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of Our rights to bring an individual action in small claims court, pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, seek injunctive relief in a court of law, or file suit in a court of law to address intellectual property infringement claims.

        Any arbitration between Us will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Us. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that We do not have a physical address on file for You, by electronic mail ("Notice"). Our address for notice is Eventful, LLC, 2400 Market Street, 4th Floor, Philadelphia, PA 19103, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if We do not reach an agreement to do so within 30 days after the Notice is received, You or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event Our dispute is finally resolved through arbitration in Your favor, We shall pay You (x) the amount awarded by the arbitrator, if any, or (y) $100.00, whichever is greater. If the amount awarded by the arbitrator is less than the last written settlement amount We offered in settlement of the dispute prior to the arbitrator's award, then You agree that You shall not recover reasonable attorney's fees, if such fees are recoverable.

        In the event You commence arbitration in accordance with these Terms, We will reimburse You for Your payment of the filing fee, unless Your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Diego County, California, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse Us for all monies We previously disbursed that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

        YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless We both agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

        In the event that We make any future change to this arbitration provision (other than a change to Our address for Notice), You may reject any such change by sending Us written notice within 30 days of the change to Our address for Notice, in which case Your Use Account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments You reject shall survive. If all or any portion of this Arbitration provision is found to be unenforceable, then the entirety of this Arbitration provision shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described below shall govern any action arising out of or related to these Terms.

      • Miscellaneous. We may be required by state or federal law to notify You of certain events. You hereby acknowledge and agree that such notices will be effective upon Our posting them on the Site or delivering them to You via email. You may update Your email address by updating Your User Account. If You do not provide Us with accurate information, We will not be responsible for failure to notify You. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Content, Ownership, Complaints, Disclaimer of Warranties, Limitations of Liability, Indemnification, Arbitration and Miscellaneous sections of these Terms will survive any termination of Your access to the Service, whether We terminate Your access or You voluntarily discontinue Your use as will any provision that by its nature should survive. These Terms and Our relationship shall be governed by the laws of the State of California without regard to its conflict of law provisions. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. We both agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. These Terms constitute the entire agreement between You and Eventful and govern Your use of the Service, superseding any prior agreements between You and Eventful. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.