TRUMBA® EVENT ACTIONS™ SERVICE
TERMS AND CONDITIONS OF USE
Last Revised: September 27, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE TRUMBA EVENT ACTIONS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE EVENT ACTIONS SERVICE.
DESCRIPTION OF THE EVENT ACTIONS SERVICE
The Event Actions service includes, but is not limited to, the actions of adding events to your calendar, setting reminders, downloading event information, registering for events and requesting event change notices, delivered through means such as email or text messaging services, for an online calendar (the "Calendar") provided and maintained by a Calendar Provider. Calendar Providers are responsible for establishing and maintaining their own Calendars and event information and for the use of their Calendars by any person or entity. You may subscribe to calendar feeds, request event reminders, request or download event information, or take any other action on a Calendar, in which case your email address and other personal information provided in connection with such event action may be provided to the Calendar Provider.
Through Event Actions, you may have the ability to register and pay for a Calendar event with one of Trumba’s third party payment providers. In connection with such registration, you may be asked to provide your billing information, including a credit card number, address and other information necessary to process your payment for the applicable Calendar event. Your credit card information will not be collected by Trumba, and Trumba is not responsible for processing your payment or collecting any fees from you. Any fees collected by the third party payment processor from you will be distributed directly to the Calendar Provider. Trumba will in no event be liable, and accepts no liability, for any payment processing services offered in connection with the Event Actions or any other services offered on or through the Trumba website, and you agree that any dispute arising out of or relating to the billing or payment of registration fees must be directed to the Calendar Provider.
CHANGES TO SERVICES
Both the Calendar Provider and Trumba reserve the right at any time, without notice and in its sole discretion, to modify or discontinue hosting a Calendar or the Service without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Service. If you do not agree to the modifications, you must discontinue your use of the Service.
COPYRIGHT AND LIMITED LICENSE
CALENDARS, LINKS AND THIRD-PARTY CONTENT
Trumba makes no claim or representation regarding, and accepts no responsibility or liability for:
Your use of the Service is at your own risk.
TEXT MESSAGING SERVICES
The Service may include certain actions that can send event information to your mobile phone, including text messaging of event reminders or event information as you request. Trumba does not charge a fee for these text messaging services. However, your carrier's normal, messaging, data and other rates and fees still apply. You are advised to check with your carrier to learn about the text messaging options that they provide and how much each option costs. By requesting information to be sent to your mobile phone from the Service, you agree that the Calendar Provider and Trumba may communicate with you via SMS, text message or other electronic means to your mobile phone.
You agree to defend, indemnify and hold harmless the Calendar Provider; Trumba; their independent contractors, service providers and consultants; and their respective directors, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising from or related to your use of or inability to use the Service.
THE SERVICE AND ANY CALENDARS AND CALENDAR CONTENT PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRUMBA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE CALENDARS AND THE CALENDAR CONTENT. TRUMBA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE CALENDARS, OR THE CALENDAR CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE. WHILE TRUMBA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, TRUMBA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Trumba.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TRUMBA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, THE CALENDARS OR THE CALENDAR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR SERVICES OBTAINED FROM TRUMBA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TRUMBA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRUMBA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TRUMBA FOR ACCESS TO OR USE OF THE SERVICE.
APPLICABLE LAW AND VENUE
QUESTIONS AND CONTACT INFORMATION
Questions or comments about the Event Actions service may be directed to Trumba by email at firstname.lastname@example.org or by regular mail at:
Attn: Customer Service
1200 Fifth Avenue, Suite 1750
Seattle, WA 98101
Copyright © 2011 Trumba Corporation. All rights reserved. Event Actions is a trademark and Trumba is a registered trademark of Trumba Corporation.