Use Something On to create and manage a website to promote your event
Use Something On to Create and Manage a Website to Promote Your Event
With an easy-to-use control panel, you can control your own site content and ensure you are presenting the message you want to project for your event.
 
Something On
Terms of Use

Terms of Use

SOMETHING ON Terms of Use

Thank you for choosing SOMETHING ON!

Before you start, please read the following Terms of Use carefully:

0. DEFINITIONS

Throughout this document the following terms and definitions will apply:

1. “SOL” or Something On Ltd., is the creator, operator and administrator of the SOMETHING ON service.
2. SOMETHING ON is the name of the service provided by SOL and is also referred to as the "Service" or “Services”.
3. “Users” refers to all individuals who access and use the SOMETHING ON service. This group includes Event Organizers, Registrants and Guests.
4. “Event Organizers” refers to the class of registered SOMETHING ON users who create, maintain, administer, edit or otherwise administer websites using the SOMETHING ON service for the purposes of promoting, managing or organizing their events.
5. “Events” refer to any subject of a website powered by SOMETHING ON. This can be any kind of activity as deemed to be an event by the Event Organizer.
6. “Registrants” or “Event Registrants” refers to SOMETHING ON users that have provided information to the Organizer of a posted event or events that are listed on the SOMETHING ON service for the purpose of attending said event(s).
7. “Guests” refers to users of the SOMETHING ON website(s) who either do not have a login/username or who have not yet logged in to the SOMETHING ON system. These are anonymous users. 

1. DESCRIPTION OF SOMETHING ON

SOMETHING ON LTD., (SOL) provides the SOMETHING ON service: a simple and effective means for Event Organizers (customers) to create, maintain and manage hosted web sites for the promotion, management and distribution of information pertaining to their events. This includes, but is not limited to, the collection of registration fees for their events online through the Web, the posting of event-related details such as location, dates and times, attractions, agendas and itineraries, pricing and venue information, photos, and biographical profiles. Payments are all transacted through third party payment processing services.

Unless explicitly stated otherwise, any new features that augment or enhance the SOMETHING ON service, shall be subject to the Terms of Use. You understand and agree that the service is provided AS-IS and that SOL assumes no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings.

2. YOUR USE OF SOMETHING ON

 
Your use of SOMETHING ON’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you via SOMETHING ON or Something On Ltd. (SOL) under a separate written agreement) is subject to the terms of a legal agreement between you and SOL. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with SOL, your agreement with SOL will always include, at a minimum, the terms and conditions set out in this document.

SOL provides the SOMETHING ON service (the Services) to you, subject to the following Terms of Use which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: http://www.somethingon.com/termsofuse. In addition, when using SOMETHING ON, you and SOL shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Content contained and presented in the websites powered by SOMETHING ON is provided by the Event Organizers, and as such, is the sole property of those Organizers and their agents. SOL makes no claims or warranties as to the validity of any information contained within websites powered by SOMETHING ON and therefore accepts no liability for any misrepresentation or damages that may result from the use of websites powered by SOMETHING ON or from participating in or purchasing the events that are posted using the SOMETHING ON service.
 

3. ACCEPTING THE TERMS

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

1. Clicking to accept or agree to the Terms, where this option is made available to you by SOMETHING ON in the user interface for any Service; or
2. By actually using the Services. In this case, you understand and agree that SOMETHING ON will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if:

1. You are not of legal age (18 years of age) to form a binding contract with SOL, or
2. You are a person barred from receiving the Services under Canadian Law or those of other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Terms of Use for your records.

4. USE OF SOMETHING ON SERVICES

SOMETHING ON is available as both a fee-based and non-fee-based service. The following terms apply to each of the aforementioned service types.

Free Trial

Event websites created using SOMETHING ON are completely free for the first 5 days of activity. A website is deemed 'active' upon the creation of a unique URL for an event website (i.e. eventname.somethingon.com). After the 5-day free trial period has expired, the Event Organizer will be contacted with a message to confirm their site via one of two options.

Paid Service

Paid, also referred to as “Corporate” level of service is subject to a monthly hosting fee as indicated by SOL. This fee is due upon the completion of the 5 day trial period and is payable in monthly increments in advance up to the time frame selected by the Event Organizer.  Failure to pay the applicable service fees for an Event will result in the SOMETHING ON Event reverting to the Free Service level and will be subject to the terms and conditions of Free Service as indicated below.

Free Service

The Free Service level of SOMETHING ON has different functionality from the Paid Service as indicated on the SOL website.  In the absence of hosting fees paid for the use of SOMETHING ON, Free Service websites will contain third party advertising content.  Interference with, or unauthorized removal of third party advertising will be treated as a violation of this Terms of Service agreement and will result in the immediate termination of the SOMETHING ON Event website.  Event Organizers of Free Service websites will be contacted periodically to confirm the continuation of their SOMETHING ON website.  Free Service websites that are not confirmed within the time period specified in the continuation messages will be terminated at the sole discretion of SOL.


5. PAYMENT PROCESSING INFORMATION

For Event Organizers:
All monetary collections from your SOMETHING ON event website will be performed through third party payment services, and not to, or through, SOL. As a result, payment transactions conducted through websites powered by SOMETHING ON will be subject to the applicable Terms of Use of the specific Third Party payment provider used. Neither SOMETHING ON nor SOL are affiliated with any Third Party payment processing service, nor is either an agent or employee of such, and neither is responsible in any way for the actions or performance of any Third Party payment processing service.

For Event Registrants:
All payments solicited and processed via websites powered by SOMETHING ON are handled by the Event Organizer’s organization or by Third Party payment processing services. Payments are not handled or processed directly by either SOMETHING ON or SOL. SOL cannot be held responsible for the actions or performance of either the Event Organizer or the Third Party payment processing service. 

6. USE OF THIRD PARTY SERVICES

To the extent that SOMETHING ON is rendered in conjunction with any other provider of services, the other service provider's terms of service shall apply to the extent that a user of SOMETHING ON participates in the services of said service provider. Neither SOL, nor the other service provider, will be considered the agent or employee of the other and neither will be responsible in any way for the actions or performance of the other. The Terms of Use of SOMETHING ON shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the Terms of Use of SOMETHING ON. SOMETHING ON and SOL reserve the right to add, substitute or remove Third Party services as deemed appropriate to the enhancement or improvement of the services and websites powered by SOMETHING ON. All changes made to the availability of Third Party services via the SOMETHING ON service are performed at the discretion of SOL and can occur without notification.

7. TERMS AND OBLIGATIONS OF REGISTRATION

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the SOMETHING ON service, or as part of your continued use of the Services. You agree that any registration information you give to SOMETHING ON will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SOMETHING ON, unless you have been specifically allowed to do so in a separate agreement with SOL. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out within the Service or in any other communication from SOL.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with SOL, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that in using the Services, you may be sharing information about yourself to other parties who are using the SOMETHING ON service to manage and operate their event registrations and promotions. This information may be made available to registered SOMETHING ON Event Organizers to the extent that they require your information for their event management purposes. Provision of this information to Event Organizers constitutes an agreement between yourself and the Event Organizer. SOL cannot be held responsible for any further distribution of that information by the Event Organizer and their organization.

You agree that you are solely responsible for (and that SOL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SOL may suffer) of any such breach.
 

8. MEMBER ACCOUNT, PASSWORD AND SECURITY

 
You will create a password and account during the Service registration process. Only one (1) Member Account is permitted per individual. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SOL 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. SOL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 
 

9. MEMBER CONDUCT

 
In using the SOMETHING ON Services, you understand that you are liable for all information, in whatever form, (Information) you make available.

In using the service, you may not:
· use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors or any customer of SOMETHING ON;
· use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
· use any unauthorized third party software or service to access the Service
· use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by SOMETHING ON, or “meta-searching”);
· use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
· damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service;
· resell or redistribute the service, or any part of the service without the consent of SOL.
· upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, SOMETHING ON administration and SOL will be the final arbiter of what does or does not constitute objectionable material.
· use the service in a manner that is harmful to minors in any way;
· impersonate any person or entity, including, but not limited to, a SOMETHING ON official, 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 Information transmitted through the Service;
· upload, post, email, transmit or otherwise make available any Information 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 information that may infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights; or 
· make available any material 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.

You acknowledge that SOMETHING ON may not pre-screen any content working in coordination with the Service, but that SOMETHING ON and its Administrators shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that SOMETHING ON may preserve Information and may also disclose Information 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 the Terms of Use; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SOMETHING ON, its users and/or the public.

You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
 

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

 
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
 

11. MODIFICATIONS TO SERVICE

 
SOMETHING ON LTD., reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the SOMETHING ON Service (or any part thereof) with or without notice. SOL will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that SOL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
 

12. TERMINATION

 
You agree that SOL, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Information within the Services, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due SOMETHING ON, or if SOL believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. SOL may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that SOMETHING ON may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You also agree that termination of access to the Services does not necessarily mean that all references, histories and legacies of your account are removed or deleted. Your content, username and/or contact information may still be accessible by other SOMETHING ON users in a manner consistent with that of active system users. Furthermore, you agree that SOMETHING ON shall not be liable to you or any third-party for any termination of your access to the Services.

SOL may change the service or delete features at any time and for any reason. Cancellation of the service will not alter your obligation to pay all charges accrued to your billing account. Should SOL cancel the service in its entirety without cause, then SOL will refund to you, on a prorated basis, the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
 

13. LINKS

 
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SOMETHING ON has no control over such sites and resources, you acknowledge and agree that SOMETHING ON is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SOMETHING ON 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 site or resource.
 

14. SOMETHING ON'S PROPRIETARY RIGHTS

 
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SOL, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Registration to SOMETHING ON grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software within a defined computer browser session, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by SOL for use in accessing the Service.
 

15. DISCLAIMER OF WARRANTIES

SOL provides the SOMETHING ON service “as-is,” “with all faults” and “as available.” SOL does not guarantee the accuracy or timeliness of information available from the Services. SOL gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. SOL excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

SOL also does not provide any warranty, guarantee or claim as to the validity of the content posted using the SOMETHING ON service. Any Registration or purchase transaction conducted through the SOMETHING ON service represents an agreement between the Registrant and the Event Organizer. SOL cannot be held responsible for any misrepresentations or liabilities that may arise from such transactions.

 

16. LIABILITY LIMITATION.

You can recover from SOMETHING ON only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:
· the service,
· content (including code) on third party Internet sites, third party programs or third party conduct,
· viruses or other disabling features that affect your access to or use of the service,
· incompatibility between the service and other services, software and hardware,
· delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:
· this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
· SOL knew or should have known about the possibility of the damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to SOL and their successors and assigns.
 

17. SEVERABILITY.

 
All parts of this contract apply to the maximum extent permitted by law.  A court may hold that SOL cannot enforce a part of this contract as written.  If this happens, then you and SOL will replace that part with terms that most closely match the intent of the part that cannot be enforce.  The rest of this contract will not change.  This is the entire contract between you and SOL regarding your use of the service.  It supersedes any prior contract or statements regarding your use of the Services. I f you have confidentiality obligations related to the Services, those obligations remain in force (for example, you may have been a beta tester).  The section titles in the contract do not limit the other terms of this contract.
 

18. ASSIGNMENT

 
SOL may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
 

19. GENERAL INFORMATION

 
 
A. Entire Agreement. The Terms of Use constitutes the entire agreement between you and SOMETHING ON and governs your use of the Services, superseding any prior agreements between you and SOMETHING ON. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.

B. Choice of Law. The Terms of Use and the provision of Services to you are governed by the laws of the Province of Ontario, Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario by residents of the Province.

C. Invalid Provisions. The failure of SOMETHING ON to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.

D. Time to File Claim. 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 Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

E. Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
 

20. SOMETHING ON PRIVACY POLICY

 
 
Information Collection and Use

SOL will not contact you or your customers with third party advertising or promotion without your explicit permission. SOL strongly values this relationship and do not want to compromise this in any way.

SOL will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. SOL may collect information from SOMETHING ON users at several different points within the Services.

Registration

In order to use this web site, a SOMETHING ON Event Organizer must first complete the profile registration form. During the profile registration, an Event Organizer is required to provide contact information (such as email address). Any information provided is to improve the experience to SOMETHING ON customers and no information is used for any promotional or advertising purpose. As an Event Organizer, you agree to share some identifiable information (such as name, address, phone number e-mail address), or other contact information for the purposes of operating a SOMETHING ON event website. This information will be made available to other SOMETHING ON users based on the privacy setting under which your event was created.

SOMETHING ON event Registrants are not required to complete a profile registration in order to register for a SOMETHING ON Event. Registrants may be required to share profile information with Event Organizers to satisfy the requirements established by Organizers for the proper management of their events. This information will be provided to the Event Organizers by the Registrants at the point of event registration and will not be automatically provided to the Event Organizers by SOL or the SOMETHING ON service.

Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the event publisher. SOMETHING ON uses cookies for site performance reasons as well as for the convenience of our users and do not use them for any targeted/tracking advertising purposes.

Log Files

SOL may log IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

The SOMETHING ON website may contain links to other sites. Please be aware that SOL cannot be held responsible for the privacy practices of such other sites. Users are encouraged to be aware when they leave the SOMETHING ON site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by SOL at this site.

Security

No financial transactions or sensitive financial information is ever accessible by SOMETHING ON or stored on SOMETHING ON servers. All financial transactions occur on Third Party servers and as such are subject to their Terms or Service and Security protocols. Note: you should never use the same email/password combination for a Third Party service when signing up for a SOMETHING ON account. SOL takes every precaution to protect user information. Any sensitive information submitted via the SOMETHING ON service is protected both online and off-line.

SOL encrypts all passwords and other sensitive information collected and stored in the SOMETHING ON database. All event information, not just the sensitive information mentioned above, is restricted in SOL’s offices. Only employees who need the information to perform a specific job (for example, billing or customer service representatives) are granted access to personally identifiable information. Furthermore, ALL SOL employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at SOMETHING ON or SOL, you can contact SOL at sales@somethingon.com.

Supplementation of Information

In order for this web site to properly fulfill its obligation, it may be necessary to supplement the information received from users with information from Third Party sources. This information is not shared with any additional outside parties.

Site and Service Updates

SOL may send site and service announcement updates to the users of SOMETHING ON. Event Organizers are not able to unsubscribe from service announcements, which contain important information about the service. Communication with SOMETHING ON Customers to provide requested services or regarding to issues relating to their account may be conducted via email or phone.

Correction/Updating Account Information

If an Event Organizer's identifiable information changes (such as e-mail), or if a user wishes to terminate their access to the Services, SOL will endeavor to provide a way to correct, update or remove any relevant personal data.

Notification of Changes

Changes to the privacy policy will be posted on our web site so as to ensure that SOMETHING ON customers are always aware of what information is collected, how it is used, and under what circumstances, if any, disclosed. If, at any point, personally identifiable information is used in a manner different from that stated at the time it was collected, users will be notified via email. Users will have a choice as to whether or not to enable the amendment and allow their information to be used in this different manner. Information will be used in accordance to the privacy policy under which the information was collected.
 
 
 
 
Start Now!
Features
Sample Sites
Contact Us
Product News
About Us
Copyright
Terms of Use
 
 
Your event means everything to you... Make it Something to everyone else.
Copyright © 2008 Something On Ltd.